New-York tribune., 1884-01-16
TRYING JAMES MUTT,
THE PROSECUTION REST THEIR CASE.
DUKEs's DEATH DEsCRlBED-TUrrs ADMTs sfoNs
AND PREVIOUS pIsrOL PRACTICE.


AND PREVIOUS PISTOL PRACTICE.
PITTsBURG, Jan. 15.-There was to-day a
repetition OF yesterdays scramble for admit
tance to the courtroom In which the Mutt
trial ia being held Major Brown OF the counsel
for the defence WAS accompanied by he
mother and sister OF the prisoner Both ladies' were
dressed I'm deep mourning and heavily yelled. when
young Mutt took his seat he nodded pleasantly 10 us
mother and sister, whose presence seemed to have a
buoyant effect on him. The case the prosecution
opened by exDlstrct Attorney Johnson. Of Unionown
The testimony introduced was In the main repetition
Of that already pubshed but something or sensation
was created when Officer Pegg was examined His
testimony was entirely He said: was standing
on the opposite the Post Oce Oh the evening OF
the shooting. From my position | could not sec up
Main-st., except partially on the one side flash
from n revolver first attracted my attention. Just
afterward saw Dukes around the corner. closely
followed by Mutt. Both were on the run. only heard
four shots altogether The third shot was hrod when
Dukes reached the steps of the Post Office The fourth
shot was fred just Dukes reached the second step
Mutt had his revolver about three feet from Dukes
When arrested Mutt he resisted little, but as soon a.
he recognized he handed the revolver and said
Take It. and take to jail After started toward
the Jail said: Jim, you've done bad work; you've
killed Dukes, and probably another man. He replied
I'm sorry for the other man. as for Dukes could not
help it.
At this attorneys for the defence each INDUCED in
nod OF congratuation and approval. There was q
cranng OF necks when the handsome 3Scabre revolver
with which Dukes shot shown the witness and
identified by him The prisoner leaned over TO got a
weapon Having recognized it, Le sat
back his thin lips drawn firmly together and his
cOuntenance assuming more set expression
Shortly before the opening OF the afternoon session.
Senator Voorhees, accompanied by Colonel Boudinot.
the haired and ne-Ooking chief of the Cherokee
Nation and lawyer OF distinction, entered with all
eyes Fixed on them
The most interesting testimony OF the day. as well as
the most important given by John Messner. nine
He rather astonished Judge by admitting that he
neither went to church Sunday Johnny said
that on the evening previous 90 the shooting he was at
the Mutt mansion, playing with Willie Mutt The
prisoner and his uncle tstephen Nutt were shooting
at mark. There another man present but Johnny
did know him After each had fired several shots the
prisoners uncle mounted his horse, and after telling
James TO be sure and not fall" he rode away Mr.
Pavford refused crossexamlne. and asked that the
bows testimony be ruled out incompetent The court
refused as an exception taken. Three other
witnesses cOrTObOrated this one.
sheriff Hoover testified about conversation In JAIL
the evening after the shooting In which Mutt
regret II one but Dukes was hurt MUTT said 20 hln
lt had be done ana did IT, was prepared TO do It, "
Mutt appeared TO excited that night that the sheriff
apprehensve that he Nigh commit suicide and so
placed extra watch over HIM At the conclusion
OF this witness's testimony the Commonwealth closed
its case.
morrow in order to allow Senator voorhees, an oppor-
tunity for consultation.
IL is the general belief among lawyers here that the
prosecution have not made out case In 80 ar as the
fact of the shooting Is concerned They are also Of the
opinion that little Johnny Messmers testimony will
prove without weight, unless 1t Is more directly con-
nected with the shooting OF Dukes After tue adjourn
ment Senator voorhees, said he was confident OF the
ex perts employed examine the prisoner, said this
afternoon ." visited James Mutt at the ail on sunday
in company with Or. Nyle. We learned that INSANITY
IA "A