The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1884-01-23

was in the army. tie was quiet
boy but very excitable. | talked
with him about his fathers death
the day the latter was buried, but ne
turned away from me and did not
appear TO want to talk on the sub
iect When Dukes name was men
toned he would shudder so palpa-
/ bly, that it was very noticeable TO
me-"
At this point the Court adjourned
until tomorrow morning.
The prisoner was in tears during
the greater par. of the time his
mother, grandmother and Uncle
Stephen were te.tifying.
FoLLwING UP THE LINE OF DEFENSE.
PITTsBURG, January 17.-Six rep
utable physicians under oath gave
it as their opinion to-day that James
Mutt was insane when he killed n.
l.. Dukes. The Commonwealth at
torneys, who had prepared them
selves for just such testimony, la
bored hard to break it down, but
only made the doctors more positive.
They certainly carried the spectators
I with them and their statement seem-
ed to make a strong impression on
the minds of Judge and jury. This
and the absence of Lizzie Mutt from
the court room on account Of sick
ness were he chief features OF the
day.
THE PISTOL PRACTICE EPISODE.
James Wells, an uncle of James
Mutt, the witness last examined yes
terday, resumed his seat in the wit
ness box and the examination re-
commenced on behalf of the defense.
| The witness said
On the afternoon of June 13 i was
in Nuts stable saddling a horse. |
heard shooting and went out and
saw Stephen Mutt and James indulg
ing in target practice. The latter
said: Uncle James, you shoot" |
took the pistol and tried once. Ste
phen Mutt tried to shoot with his
pistol, and it would not go off, and
James said: "Never mind, Uncle
Stephen, | will 90 to the house and
get a pistol that will shoot" He then
brought a pistol out of the house
and we fired at a board with it. At
ter several shots, we started home,
laughing and chatting. | did not
hear Stephen say: Now, Jim, don't
fail" l don't remember of hearing
him say anything. Stephen had an
old bulldog pistol which would not
shoot at all. Stephen had been talk
ing to James about gardening. | did
not hear Jim say anything about
Dukes and | never spoke to him on
| the subject, because Dukes name
! used to affect him so much.
THE TAINT OF INSANITY.
Captain Nuts father was married
twice. BY his first wife he had
Stephen, Joseph, James and Moses,
fall brothers of Captain Mutt, and
William, George and Jackson, half
brothers. Captain Mutt also had
sister Mary. She was full sister.
Her mind was affected. A commit
tee was appointed by court to take
charge of her. George Mutt died an
timbecile. James and Moses, his full
brothers, were both deaf mutes.
There were court proceedings in the
case of George Mutt also, he being
mentally incompetent. Young Jim
was peculiar, and when talked to
would get excited. He was always
nervous boy. | told jim that it
was said Dukes was following Lizzie,
and it excited him, but he did not
say anything. | have talked to him
about Dukes and told him to keep
away from down town, that it would
be best. After Dukes trial he would
shudder when Dukes was named
and lost all interest in things, and
they could not stir him up.
CLARK BRECKENRIDGE ON THE STAND.
Mr.. Breckenridge. cashier of the
Peoples Bank of Uniontown, told
the story OF Captain Nuts death.
After Dukes trial Captain Nuts
pistol, which witness had taken from
the deceased, went into the posses
sion of Mr.. Boyd. Witness was ad-
ministrator of the Mutt estate, and
one day young Mutt came to his
office and stated that his msther had
said that he could have his fathers
revolver. Witness told him that he
would like to keep it, but young
Mutt said no, ] would like to
have my fathers pistol" so witness
sent him to Mr. Bovd's office and
the latter took it from his safe and
gave it to him. James was in the
habit of carrying revolver. He
came for the revolver about three
weeks after the acquittal of Dukes.
The prosecution attempted to
show that Captain Mutt had gone to
the Jennings House with felonious
intent, but the defense objected and
the Court sustained them, ruling
that the Captain Mutt case could not
be tried over again.
The witness, continuing, said II
have seen him shooting and once
shot at mark with him."
YOUNG NUTS MENTAL DISTRACTION.
James Junk, another uncle, said
that Jim would sit with his face in
his hands for hours, rarely saying
anything. Sometimes he would
commence speaking. then get up and
walk away without finishing. Wit
ness ate dinner at Nuts house on
the day of the shooting and was
with the prisoner four or five hours. !
The prisoner did not talk much and |
seemed more reserved than usual. |
Witness remarked the change to his
wife, but said nothing to Mrs. Mutt. |
Dr. Sturgeon was next called, but |
was absent, and the prosecution sue
cessfully resisted the motion to have
the testimony of this witness read,
to show that at the time of the
shooting Dukes was armed with /
revolver and bowie-knife.
At the afternoon session Leonora
Philips, school teacher, said James
Mutt was one of her pupils in 1879
and so: that he was slow at learn