Butler citizen. [volume] (Butler, Pa.) 1877-1922, 1884-01-23

his uncles, that has been cited by the
Commonwealth, was done with an old
horse pistol, and has no connection or
importance in this case. The pistol
with which Mutt took away Dukes
life has history. That pistol was the
pistol that Captain Mutt carried while
he was cashier of the State Treasury
and was the same pistol found on his
person after be had been murdered by
Dukes. We will show to you all this
and prove to you that there can be but
one verdict in this case, and that will
be one of acqlittal. And SO | submit
the case to you"
DR.. Smith Fuller, the family physi.
clan of the Nuts, was the first witness
called by the defense.
By Mr.. Brown-Where do you re.
side, DR.. Fuller?
DR.. Fuller-At Uniontown. | have
attended the Mutt family for seventeen
years. Have known the defendant
James Mutt, for that time. | have
treated him when sick several times
and my acquaintance with him reaches
to the present time.
Mr.. Brown State whether you
think James Mutt mentally deficient
Objected to by the prosecution.
The Court overruled the objection
and decided that family physician can
give testimony as to the mental capac'
ity and characteristics of the family
,nam haro trao+ad bu him
Mr. Brown-Wbat is your opinion
of James Nutt's mental capacity?
Doctor-I have always believed him
to be mentally deficient and without
sound mental attributes.
Brown-W he be inclined to
harbor feelings of enmity for long
time
Doctor-He would.
Brown-W ould it increase
Doctor-It would.
Brown-Would he become a mono
maniac on the subject of avenging his
fathers death ?
Doctor-He would probably become
q monomaniac.
Brown-Are weak minded people
predisposed TO monomania?
Doctor-They are, sir.
The doctor further stated that in a
person of James Nuts mentality the
brooding upon bis fathers death would
unsettle his mind and 80 incapacitate
him for a mental control over himself
Cross-examined-For what have you
treated James Mutt?
Doctor-For q broken limb, heart
disease and other things
ProsecutioE-Wh hat reason have you
to think him imbecile q?
Doctor--He was slow thinker, not
logical in his thoughts. His thoughts
were disconnected He made replies
slowly. His general nature and phys
iognomy made me think So He was
difficult TO engage in conversation, and
gave evidence of lack of mental ca.
pacity. He was weak minded. 1t
was not idioey. | believe there are
two classes-imbeciles and idiots.
would class him as an imbecile, bnt
not as an idiot.
The admttance of this testimony by
the Court destroyed the prosecutions
attempt to rule out this line of defense
of emotional insanity, and gave the
field clear to the defense.
Doctor-His father told me that be
hoped to get James into some garden.
ing or something of that sort, as he
felt that James was not capacitated fol
ordinary business.
Mrs Mutt was next CALLED and
sworn.
BY counsel for the defense-"Mrs
Mutt, please raise your veil" The re.
quest was complied with. "Who was
your husband?"
Mrs Nutt-Adam G.. Mutt.
At the mention of the name by his
mother James Mutt commenced crying
and bit his fingers nervously.
Mrs. Nutt-under question by coun'
sel--stated that her husband had died
suddenly at the Jennings Hotel, Union.
town.
Defense-How many children have
you?
Mrs Mime. The youngest is
four years Of age; the second a boy Of
six; the third girl of eight; the fourth
girl OF ten; the next boy of twelve;
then boy of sixteen, then James
twenty-one years, and then Lizzie
who is the oldest.
Defense-Where was James at the
time OF his fathers death?
Mrs. n AT Rochester, n. Y, at.
tending school. He Immediately came
home at the time of his fathers death
Mrs. Mutt testified that her husband
previous to the war taught school, and
that after he returned from the army
they removed TO Uniontown, where be
engaged in the law business, and was
also employed in q bank. That the
family lived in Uniontown about fif
teen years, and then removed to South
| Union, where they now reside.
Defense--Was James a good boy?
Mrs. N--Yes, sir; he was good
boy He was greatly attached to bis
father. There was more than ordinary
affection between James and myself
He was a very quiet boy, and not al
all laxative. When home he attend
ed to the garden and worked around
the house. We have about eleven
acres in the place. He took great
pride in the garden and working around
the yard He did not 90 to schoo
much. He was not an apt scholar and
/ did not make much progress.
Defense-Was James mentally
strong or the reverse!
Answer-The reverse.
Defense-Was that noticed and
commented upon before his father's
deathl
Answer-It was. Before his father'e
death he told me be would have tc
leave James more when he died than
the other children, as James was not
as able to take care of himself as The
othera