Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1884-01-22

hSSessAg. nave, Salu ne, hn lmpreS
sion that you are waiting to end this trag.
edy by Elesm OF sunshine. The rational
thought witt me Is that am defending not
some one charged with crime. There is no
criminal here. There was q criminal. The
real one was cleared. be lies among the
hills OF Fayette county, with which bis
name will always be associated. Nor would
draw him out Of his grave
He Has Gone 10 - Higher Court.
He has q mother and she with mother s
love has shed tears over his grave, bat it
has been dane in secret. You need not
think that am here to steal away your
judgment even il | had the power. am
going to leave you standing on solid
ground. Not in two hundred years has q
father, hnsbsnd or son been convicted Tor
doing what THAT boy has DONE" Never
since the reign Of Charles ,he First has a
man who took the honor Of his family in
his own hand. or avenged it, had the hands
OF the law laid upon him. Honor is the same
to every body everywhere and the destruc
tioR Of home is alike a calamity to It's
people Rnd to ourselves. j stand, there.
fore, upon a common law when say there
is no criminal here. stand, too, upon
Scriptural law.
The W ritten Law of Jurors
in every part of the globe, is that the man
who enter q home TO rifle that bone oil
its virtues takes his life in his own hands,
as Captain Mutt said TO Dukes IN that
home. In olden times the insane were
treated as though possessed OF the devil
but the world has progressed, and why
should not law? | have said there has not
been conviction in q case like this, because
iuries have held that such harm as was
done this bows family is enough 10 create
an irresistible impulse. A pioneer case oil
this kind was decided by Chief Justice
Shaw in lsil II was the Rogers case and
the frsti decision that q man might
be moving through life, knowing right
from wrong and vet be moved by an ire
sistible desire to kill. Maudsley, OF En-
gland SAYS this impulse may come upon d
person as suddenly as thunder bolt from
clear sky. ,
on this SUBJECT, the mental condition oil
those on trial.
After he Rogers case came others-that oil
Moran in your own State, which decides
that there is such thing as an irresistible
impulse to XIII. The world is moving ul
and let US see what has been accomplished
Strong men have been acquitted from ocean
20 ocean and all the world over for doing
what this boy has done | have seen mSn
leave their seats in Congress to answer sim
liar charges, and they have come back ant
taken their seats again. Great lawyers AID
great doctors have done the same thine
and was it found that 8 thunderbolt hae
come TO them and unsettled thet- reason
TEey were acquitted. Why did Duke:
write those letters to Captain Mutt? Goo
.ows, but l don't, He was not fore "a
kL t, was not gosded to il, aud YET ht
into 'se awful letters. Ii Captain Nut
wrote thu, N"kes.
had killed u, -'aye Defended Him
I~ould =. d this boy. Captain
Mutt was strong and Jss !? His snn il
would } Q have been conSasss>- His fst,, .
wax. He is mentally beloS tht 1'-nne
VS. not, out on the doctrine N erns
INSANITY Csptsin Mutt would have b>''
acquitted. would have said, "Fsks q
shotgun, ill II four inches deep, watt until
YOU see him on the street and shoot him
DOWN" l would have done 1t. God for
give me if | vOuld not. ] am talking OF
strong man, born and reared strong, aud if
such men are not convicted what will you
do with this weak boy? Was there ever
such blow to a father ss the letters from
Dukes, marked, Read in private" II
meant read in torture, read in blood. read
in flames. The torture Of Colonel Crawford
At the stake and begged TO be shot was
No Greater Than that OF Captain Nutf,
And his son, what of him? He was filled
with On unnatural calm until the trial Of
Dukes. After that he had an awful canksr
in his breast, Let us analyze the boys con-
dition up TO the killing. He WAS not as
strong as other boys. Remember his moth
er's description of his nights snd days.
His nights were given up TO starts and
q a III SIpnD.
He had no appetite. He vas weak ment-
slly but strong in love for his father and
mother. The stronger in love, and vesker
in mind, the nearer in condition was be 10
kill this man. Here in this grand old COM
mon wealth has occurred q crime without q
pars!lel, q crime to go down In history.
This boy knew his father had been killed,
and when Dukes was tried and James
found out what led to the killing, his
mother tells us
Tie Roy wanted His Fathers Pistol.
That pistol sent three bullets into Dukes
hack within three feet Of where he mailed
that awful lette and Dukes fell dead was
asrunished 10 hear Mrs. Mutt attacked for
letting James have pistol. Why should
he rot have il? He did right with 1t sod
no one could find fault with the use he put
it 10. He never used it when he ought not
to bsve done so. l do not know whether
the gentleman vino is to follow me wi
sllude to Nuts exercise With ttre arms
snd do not care. He never used lire arms
buf once and then he rid the earth OF
monster and the souRd OF that shot rang
out through the country and brought no
regret.
Il on the banks Of the Wabash and you
On the Ohio read accounts OF tha: murder
and everywhere there was an approving
sentiment. | have no doubt as 20 the r..
suit of this trisi. feel that you will heal
up the wounds that have been too long open.
You VIII Not send Thai Poor Mother
home without her son. There can De II"
He shot him. SaOt three
times, yet md him guilty and there will
be q wall go up that would drown thu
thunder OF heavens. Erect a gallows to
hang him and the women OF this country
would rescue him from the men. No one ex-
poets him TO be convicted. All nature
cries out against it. | would like TO nave
verdict rendered to the effect that when
Dukes fell the act that caused him to fall
Was. the result of irresistible impulse.
When Senator Noornees sat down, d +.
Patterson arose, and for the prosecution,
closed the argument in the great trial. H.
said the great aim of the great advocates
who have skillfuily tried the other part OF
the case, was TO impress upon you that
Dukes was au excessively bad man, while
the Mutt family Was excessively good. The
defense has been most Sdmirably conduct
ed, The order in which thev brought forth
testimony showed their skillful general.
ship. He did not assume to say
" hat the Verdict Was Going to Be.
but no Que could deny the fact he was
charged with murder and had without any
immediate provocstion lshot down q hu-
man being on the streets. He did not con-
slider there was any delusion in the shoot
ing OF Dukes by Mutt. His mind was WORK
ed up by real facts, and proyocstions.
There was no delusion about it and there
fore be wss not in an insane condition OF
mind at the time he perpetratsd the act.
of all the expert testimony offered only
two had made SPECIAL study of mental
troubles Drs wylie and Ewing. The others
defined their opinions by hypothetical
Question that was placed before them in
general way. Captain Mutt stated in a let
ter 10 Dukes that il his accidental death
should come, some person else would
ayenge him. That was James Nuts legacy
That was the red flag waved at him to his
apger and ss often as he read and pondeced
over that paragraph it added fuel to L,
UBiil He Finally Killed Dukes