National Republican., 1884-01-19
Additional Expert Evidence Presented Show
ing the Insanity Of the Prisoner.
The Letters Which Have Given the Affair
Such Prominence Produced.
Ladies Retire During Their Reading and the Prisoner
Also Led Out
The Defense CIosed-I'ebuttal Testimony
OF the PoseCution.

trial this morning, but the manner of ad-
mitting sightsecrs had been so improved
that there was no crowdng and tho court
room filled up gradually and was comfortable
when the prisoner was brought in. llo looked
better than he did yesterday, aud stated that
h, had passed comfortable night. Miss
Lizzie Mutt is still pfostratcd, aud is unable
TO attend the trial. Mrs. Mutt and her sister
Mrs. Steven Mutt came IN early ana seated
themselves Immediately behind the prisoner.
DR.. Smith Fuller was the first witness
called. lie testified that he was on the school
board in 1850 and that the prisoner was in
Miss phillips's room. He did not reach that
room by regular grade but was put there at
the request of his father and because he was
known by the board to he not very bright.
DIR. l.. i. Schomaker said that in his practice
he had treated many diseases of tho brain.
He had heard the Hypothetical question. and
would say that the prisoner was insane when
he committed the deed. IL was a case OF
irresistible insanity. He had no control over
his passions. Witness believed he had no
power to resist if wrong was done his family.
He did not think he was capable of knowing
much about revenge when he did the act.
Grief, trouble, and anxiety had dethronod his
reason. Witness regarded him as mono
maniac.
DR.. II. X. Beatty thought that James Mutt
aggravations stated in the Hypothetical
question led to the explosion, which caused
the shooting of Dukes. 1t would show itself
in case of the taking of the life of some par
ticular individual, and would occur when
he met the exciting cause of it.
DR.. J. w. Kirker, practicing physician
for twenty five years, believed the prisoner to
have been insane at the time of the shoot
ing.
Witness would classify the case as one of
emotional insanity. The fact that the pris-
oner, after the act, desired to be taken i'm
mediately to Jail, and expressed sorrow that
any one else should be injured, and desired
TO know what people thought of the deed
might modify the opinion as TO the extent of
his insanity, but would not destroy the belief
that the man was insane. He was a monoma-
MAC upon one particular subject.
DR.. James Christy thought that James Mutt
was insane, but did not think ii was sudden
emotion. His impulse was to kill, aud it
grew stronger and stronger until it exploded
in the killing Of Dukes.
MIR. Brown then arose and addressed the
court, stating that letters would now be read
of character improper for ladies to hear,
and asked that tho females retire. An in
terval was given for that purpose. The
letters that have given the Dukes-Nutt case
such fearful prominence were then produced
by the defense. Young Nuts lips twitched
uerVOubly anu HIS uuSeTS NOTktu bphbfnOul-
cally as he noticed the authors Of all his
family troubles. Senator Voorhees, spoke to
the court, and then called James up and he
was led from the court room, 1t being evident
that he could not stand tho reading of the
documents. The letters were then read.
They were the same letters that were pro-
duced at tho Dukes trial, and their reading
to-day was listened to in breathless silence,
and they created q profound sensation. At
the conclusion the doors were opened and the
ladies were admitted
Mr.. Patterson then addressed the Judge
stating that he thought the letters and papers
of young Mutt, read and kept in his trunk,
should be produced and read to the jury. The
Judge said he could not compel him to pro-
duce them.
Mr.. Brown said that the defense had no
objection.
Senator Voorhees, arose and said that the
letters received by Mrs. Mutt from all ovel
the country had not been introduced in the
hypothetical case, and were pertinent to the
trial. During the discussion as to the ad,
mission of the letters and papers the court
took recess
When the court resumed, the Uniontowu
Standard, the newspaper referred to in Mrs
Nuts testimony as containing report oi
Dukes's trial and comments thereon which
James kept in his trunk and frequently read
was produced, and the court decided to admit
in evidence such portions as each side desired
to be read, after which it was to be given tC
the jury.
The prosecution objected to the paper being
placed at the disposal of tho jury, as it con
taiped matter pertaining to another trial.
Judge Stowe overruled the objections, say
ing they were not trying any other case, and
would not if he could help it.
The Standard was then handed to thu
court stenographer to be used when needed
". IA r.
had closed.
The evidence in rebuttal was commenced
by the prosecution with Thomas l.. Beal | OF
the stand. The witness said he knew Nut
many years and up to tho time he sho
Dukes. They were boys together, went te
the same school, and played together. He
thought was not as he bright as other boys
lie was always quiet, didn't talk much ant
had peculiar ways.
George Tito said he went to school with
Mutt. They had had several school-boy con
versations together. Mutt was peculiar boy
but witness did not think that he showed
any symptoms of insanity. Witness hat
met Mutt on the street several times sine,
his fathers death. Sometimes he would
speak sometimes not
Charles Pierer, another schOolmate, always
considered Mutt slow, but never had cause t
think he was of unsound mind.
Eddie Springer Picrcr thought tho pris
oner was peculiar, but not Of unsound mind
John Beatty said that Mutt would convers,
and harp on one subject for perhaps 81,
months. He had three hobbies previous Il
the family troubles. The first was to &,
west, tho second to run pool room, and tn
third to run bar.
Jacob Angel could not say he considerec
the prisoner ermentallyunsound, but he though
him rather Eighty in his talk. lie alway
had some hobby, and witness thought if h
was going to do everything he intended L
do he was funny kind Of a boy.
Ewing Burchall said he had a conversation
with James after his fathers death, in whicl
he spoke of wreaking vengeance ON Dukes
Witness advised him not to carry out his in
tcntons, as he would certainly get himsol
into trouble. Mutt said the advice was goo,
and he wOuld bear it in mind. Witness ha,
seen something's about Mutt which convinced
him that he was of unsound mind.
The court adjourned till tomorrow.
The trial will probably not be conclude
before the middle of next week. 1t
thought that by noon tomorrow the prosecu
ton will b, through with the rebuttal test
mony. In the opinion of prominent lawyer
here tho evidence in rebuttal so far has bee
more favorable to the defense than the prose
cution.
Mrs Mutt is showing marked signs of los
of vitality. She sits with her face buried /
hr hands, with her body moving slight
backward and forward. 1t will take but
slight additional strain to place her boyon
the power Of rejoicing at her sons acquittal
possibility which is thought TO be steadil
grCEing into probability.
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