Morning journal and courier., 1884-01-17
PENNSYLVANIA.

Emotional Ins anity-The Plea Advanced For Young Nutt-The Prisoners Mother On the Stand.
 PITTsBURG, Jan. 16.-A cold, crisp morn- l ing probably had some influence in reducing l the usual crowd at the opening of the Mutt trial this morning, and the fact that none l would be admitted without tickets undoubt- edly kept away the crowd. There was a larger number of ladies present, and the per
 sons in attendance as spectators evidently were of the well to do classes. Mrs. Mutt
 and Lizzie were on hand early and occupied
 their accustomed seats. Senator Voorhees,
 was on hand also. Promptly at 9:3o o'clock
 the court was opened. MT. Playford, of the defence, opened the proceedings by outlining
 their case, which he said would rest on the proofs of the emotional insanity of the pris-
 oner which had been terribly aggravated by
 the acquittal of Dukes and his letters which
 had been given to the public. Dr. Smith Faller, the first witness, testified that he had attended the Mutt family for seventeen years and treated the defendant several times when sick; he always believed him mentally de- ficient and without sound mental attributes
 he would be inclined to harbor feelings of
 enmity which would increase with time and
 would probably become monomaniac on a
 subject; this breeding upon his fathers death
 would unsettle and incapacitate him for men,
 tai control over himself. The doctor said he considered him irnbecile, not an idiot. The
 admission of this defence destroyed the pros-
 ecution's attempt to rule out the line of de- fence of emotional insanity, and gives clear field for the defence.
 Mrs. Mutt was then called and said: ssMy husbands name was Allison O. Mutt" At the name of his father the prisoner began crying. Continuing Mrs. Mutt said: ssMy
 husband died suddenly at the Jennings House
 l have nine children. At the time of my
 husbands death Jim was at school in Roches-
 ter, N. Y. He came home immediately. He was a good boy and much attached to his
 father and myself. We always considered l him the reverse of mentally strong and his father often said that if he died he disliked to leave Jim more than the rest of the chil- dren, a5 he was not so able to care for himself. Excitement greatly affected the boy all through life. He was accustomed to use pis- tol for years, shooting at mark being favor ite pastime. After his father was killed James | made request for his, pistol, and witness gave it to him. Before Dukes trial he was quite hstless and took little interest in any thing. After the acquittal of Dukes he WAS greatly excited and grew morose when he heard of Dukes letters. For week before the killing of Dukes the defendant often l screamed murder at night, waking up all in
 the house. One day he went to the post office, and when he returned he was much agitated and walked the floor, and finally left l the room. Witness followed him, and he
 said: Mother don't you think that villain Dukes had the impadsnce to look at me and | laugh Several other times he return ed much excited this was when he would meet Dukes" 1"
 The prosecution objected to the admission | of the testimony, but the court overruled it. The witness continued: 'sI saw nothing un- usual about Jim on the night of the shoot ing" Witness was then shown the letters, which she identified as those written by Dukes and shown her by her husband. They were the same letters which were read on Dukes trial.
 The court adjourned for dinner. After recess the trial was resumed with Mrs. Mutt on the stand. She testified that l her son had read the full account of the in- dignation meeting held in, Uniontown and
 the hanging of Dukes in efigy by the citi-
 zens, that he spent much time reading these accounts and from the time of his fathers death to his imprisonment had ceased entire ly to take any interest in other
 matters, and always after being in town would return home very greatly excited when
 
 him. She was aware James was in the habit of carrying pistol; he had done so since he was ten years old and with the knowledge and consent of his father, who had frequent ly cautioned him to be careful, but had never forbidden him to carry pistol.
 Mrs. Anna Wells, James Nutt's grandmoth- CT, was next called. She repeated in sub-
 stance the evidence of her daughter, Mrs. Mutt.
 The defence continued the examination of Grandma Wells, who said that after Cap
 tain Nutt's death her room was next to
 James Nutt's and she frequently heard him cry out in his sleep, t.Mnrder,n sThe Vil- lain, ' etc, and he was unable to sleep from nervous excitement. He had walked his
 room the entire night.
 Stephen Mutt, uncle of the defendant,
 testified that Captain Mutt was worried at
 the apparent defect in his son's mental facnl- ties. A juror, whose name is not revealed, 1t is
 said was once placed in similar position to Mutt, his daughter having been betrayed He was with difficulty induced notto kill the offender.