The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1884-01-16
THE MURDER TRIAL.
TESTIMONY IN THE MUTT CASE.

Ano Sout huoW AGAIN VfoHueu-NuttA Motne
! ard Slater Prsseht-ssuAtor VOORHEES, A.. ]
sistlnE Ia The ntisnas-TeatImony for
the State rs 10 tho KlillnE. X z, :.
PrrrsnuRou, January .15.-The secont
Jay Of the Mutt trial made no diminutior
In the number Of persons seeking admiss
ion. When the court opened the prisoner
was brought in and took seat beside hil
counsel. Mrs. Mutt and daughters were
present, closely veiled. Senator Voorhees,
was also On hand and will assist tho coun.
sci for the defense. John Boyle, Eq Of
Fsyet.e county, made the opening sfgu.
ment for the prosecution and outlined the
case. .45t s, M 4 534
The first witness, John D. Boyd, testi.
fled that hc was civil engineer. He pre-.
sented plans Of the "round ,corner,", where
Dukes WAS killed and by permission OF the
court explained points likely to be brought
out in the evidence. The plans were
closely examined by the jurors aud the
witncaa was examined minutely.
Wallace Miller was next called, He wes
q resident OF Uniontowu and an intimate
acquaintance Of the prisoner. He de.
scrbed the manner OF the shooting md ex.
pressed tue belief that Mutt fired the fatal
shots. lie told how Dukes was standing
when shot and the appearance Of the body
when the effects oi the bullets were dis.
covered. c7slg ss las-> n g.r-e n
Thomas S. Bell witnessed the shooting
and knew Dukes and Mutt. He told the
story Of the killing as already published,
and pointed out the localities necessary t Q
make his testimony intelligent. 5. III
THE rroIlCEMAS's sToRY. = y. y. !,
Officer Pegg, Of Union,own, who arrested
Mutt after he shot Dukee, said he saw
Dukes and Mutt coming around the post.
ellice corner, walking las. OF running. He
heard one shot and saw a Zach before be
cav Dukes. Nut was following with re-.
volver in his hand pointed at him. Tho
second shot was fired as Dukes came
around the corner, the third ehot as be en-.
tered the postotlice. When he arressed
Ncttthe' latter said, "Here, take it and
take me to JAIL as quick as You can"
Alter starting to jail, Pegg eaid 5"Jim,
you have killed Dukes, and I, think
another man." II am sorry for the other
man." said Mutt, "but Dukes could no,
hel ~ He gave me another revolver, a
selt.cocking and very large one. On cross
examination Pegg said said nobody else
was shot when Dukes was. The revolver
was then exhibited, and while it wss
being shown 1t was curious to SEQ chow the
ten or fifteen ladies' present craned their
necks forward to got a look at the weapon.
Their love for ths horrible was plainly;
shown. = 4. ~; 3,5;;.5l = :, ~ :
THE. WOUNDS OF DUKES. =,
Ex.Coroner Sturgeon said when he ar.
rived the body Of Dukes was lying in the:
poslotlice. There were three bullet holes
in his back, and one ball had lodged in
the heart. He extracted three balls from
the body, which he produced and they
were shoTn 70 the jurymen. The witness
said the bullets no doubt produced death.
Gross examined by Mr.. Pla, ford: "What
did you fad on Dakes' body ?" Mr.. Pat
terson objected to the question and the
court sustained him and said only matter
relating TO the killing was pertinent. LII.
lohn Wyatt and Alfred Ansell were also
examined but their testimony did not
materially dider from that of the other wit.
nesses. The latter. eaid when Mutt was
arrested be did not struggle, bu. quietly
went with the officer. Cross examined
Did you ever see pistol in Dukes
hands p r., - l',7 : q ~
Mr.: Pstterion objected, and tho cour.
sustained him. :, l'.,sy.. 4; '75,.s1
!. A receGs Was then taken. VI,
% AFTERNOON SESSION.
z When court resumed this afternoon,
Henry Meyer testified to seeing Mutt shoot
Dukes. His testimony. however, was sub.
stantial!y the same as those preceding him.
Henry Dilfenderfer said that when Nut,
was arrested he looked wild with passion.
and was colorless and much excited. = =
George Seaton, Luke Frazier, Arthur
Ssrickler, Samuel Godd and Charles ii.
Bierar supported tho other witnesses as to
the manner Of the shooting, s'+
John Messmere,a q little pale faced boy.
said he was nine yeals old. He knew how
to read but did not 60 to church. He said
telling an untru,h would send hia' to thel
bad place. He was sworn by the Judge,
and SAID he remembered the killing OF
Dukes. On the afternoon OF the day Of
the killing he was at Nuts house, playing
with Willie Mutt, a boy Of bis own age. He
cav and heard come shooting dont;
saw Jim Mutt shooting at a
board with his Uncle Steve,
The board was against the carriage-house
door. They were short distance away.
After they got through shooting Jim went
into The house and his uncle went home,
just before leaving his uncle told Jim not
10 fail. This was all the witness heard.
The boys story Was told very s.raightly and
wlthouta break. He was not cross-exam.
ined. N, 5ss52. l@..sl ,..ss!, !, y;
OTHER WITNESSES AS TO PISTOL PRACTICE.
George Grimes said that on the alter.
noon Of the day Mutt shot Dukes he heard
shooting on the Mutt property. AleRers.
Playford and Scwartzwelder objected 10 tho
evidence, but the court thought it entirely
competent. The witness said he saw
James Mutt, small boy and man, Jim
and the man were examining something,
: Anderson Craft also, heard shooting at
Nuts on the afternoon Of. the killing Of
Dukes, and upon going TO Nuts aprinef f5i
water he noticed some men and little boys
there. IT, = 5s-.-2 - ,.-s 5sz4 5sz4 '';!
Ex.SheriA' Hoover said be had con.
versalicn. with Mutt in the Jail the night OF
the shooting: Mutt asked il there was
much excitement and il anybody else was
said he was glad Of it. ;-as he would feel
sorry II any other person but Dukes had
been injured. Mutt said, g"It had to be
done and done it, and was prepared to
do It." .s,s!!, s. g;,
; - TUE STATE. RESTS. iS+ X
Tie commonwealth here closed It's case,
and upon the request Of counael: for the
1.fapca &hnk tho M "A m as,o~ ,,,AJ l.. -.