The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1884-01-23
NOT GUILTY
IN THE ALLEGHENY
COUNTY COURTS
FOR THE KILLING ClF
N. L. DUKES /!

IN. l.. DOhEO
PIrTsBuRG, January 1.-THE tri al
of James Mutt for the killing of n.
l.. Dukes, the slayer of his faith '.r,
commenced this morning in he
Criminal Court, before Judge Edw in
S. Stowe The large crowd ssekil ag
admission to the court room beg An
assembling as early as s o'clock
While the crowd was awaiting he
opening of the doors young Mutt
was being examined by DIR. Rig gs,
who will probably be called as; a
witness during the trial. He decl IN
ed to give any expression as to The
result reached.
The Court opened at 1890 o'clock,
after which the names of the jurors
were called. Out of a panel of sixty
only six::failed to answer, and some
of them reported later in the session.
During the preliminary arrange
ments the crowd was kept waiting
outside, but it was now admitted
In five minutes the number was so
great that the doors we're closed.
Mutt was brought in from the Jail
and took his seat in the dock. He
was dressed in a new suit of black
and looked very pale from his long
confinement. The prisoner was
arraigned in due form, and in put
ting in his plea answered in firm
voice: Not guilty"
Major A. NJ. Browne, NJ. Swartz-
welder and General Blakelsy were
present as counsel for the defense.
while Messrs. l. c. johnson, ex-Dis-
trict Attorney of Fayette county,
and John Boyle, son of Hon. c. +.
Boyle, and A. F. Patterson, of Pits
burgh, appeared for the prosecu-
ton.
The work of impanneling thejury
then began. David Jenkins was
the first kalled. He had read about
the case, but the impression such
reading had formed would not pre-
vent him from rendering a verdict
in accordance with the law and
evidence, He had no scruples
against capital punishment. After
protracted discussion he was ac-
cspted.
At1.30 P. NJ. forty jurors had been
examined and four accepted. There
was no adjournment taken for din
ner. While one juror was being
questioned large bouquet was sent
down from the gallery and placed
on the table in front of Mutt, Be-
fore the paper was removed Judge
Stowe said: "There must be no
more of that. III observe any per-
son bringing a bouquet into the
Court room l will have them COM
mitted" The bouquet was allowed
TO remain. .ai
APP. NJ. ten Jurors bad been
accepted and the panel was exhaus-
ted. The Court then took a recess
until 8 O'Clock to allow the Sheriff
time to summon sufficient talesmen
to complete the jury.
The Court reconvened at } O'Clock
when the Sheriff announced that he
had procured thirty talesmen, out OF
which the last two jurors were selec-
ted before five had been examined.
An adjournment was then taken
until $50 o'clock to morrow NOR
ming.
The jury, as a whole, is considered
an excellent one. They are as fine
looking bedy of men as ever sat in
Judgment on so important case in
Allegheny county. General Blakeley
one of the counsel for the defense,
} said: My work is done. 1t was my
, duty to see that a good jury was
obtained. A schoolboy could con-
duct the defense with that jury, and
obtain an acquittal."
The names of the jury and their
: occupations are as follows: David j.
Enkins. steel worker J. w. McCully,
, collector William G. Lee, coal deal
er; Thomas Fair, bricklayer; Thomas
Graham, farmer: James Jenkins,
engineer Louis Emanuel, druggist
James Carson Grassel, merchant
Charles Havis, policeman; Robert
ID. Nicholson, clerk; John A. Nc
Gowan, steel smelter In politics
the jurymen are all Republican ex-
cept Mr.. MCGOWAN, a Democrat.
1t has transpired tonight that
Charles Grassel, one of the jurors,
served in the war with the late Cap
tain A. C. Mutt. and also on court
martial case with him. This was
not known until after he had been
accepted.
A young lady from Uniontown,
an intimate friend of the Mutt fam
lily, now attending .he trial said to
day that she hoped that
Jim Mutt would be convicted and
sent to the penitentiarv, as she fear
ed that. in the event of his acquittal,
Dukes friends would kill him.
Mrs. Mutt and her daughter Liz
zie have arrived here, but were not
present at the trial to-day.
EVIDENCE FOR THE PROSECUTION.
, The second day of the Mutt trial
made no diminution in the NUM-
, Der of parsons seeking admission
When the Court opened the prisoner
was brought in and took seat be-
side his counsel. Mrs. Mutt and hel
daughters we're present, closely veil.
ed. Senator VOORHEES, was also or
hand, and will assist counsel for the
. defense.
t John Boyle, Esq, of Fayette coun
, ty, made the opening argument fol
/. the prosecution and outlined the
| case.
The first witness, John d. Boyd
testified that he was civil engineer
He presented plans OF the grouno
where Dukes was killed, and, by
permission of the Court, explained
the points likely to be brought ou
in evidence and thus saved time. The
. nlsns we're closely exar1ined by the