Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1884-01-20
The END VERY NEAR
In the Trial sf Mutt for the Murder
- Of Dukes.
II q
sIs "
Conviction or AcquittaI Soon to be
.. Melted Out
BY the Good Men and Trus Swarl
to Do Their Duty.
The Esfense willing to Make NJ
-a Pleas to the Jury,
Si,eeidl TO the Register.

fTTIbbUhSH, IA, JdnuaIy lc.-huV
stormy weather had repressive fleet upon
the curious, and the usual crowd did not
thfong the corridors OF the court this
morning. When the room opened it filled
slowly When the prisoner was brought
in hsleoked brighter and better than since
the trial commenced, and his eyes which
have been constantly red with weeping,
Wers for the trst time this week, clear and
unipfamed.
Mi.s Lizzie Mutt was in the court again
'thiG morning with her mother. She has
b. en- -quife ill, but news OF yesterdays sue
cess of the defense had the influence Of
quickly restoring her. The first witness
called by the prosecution was Robert Nor
ley. He did not take the stand, but after
a whispered conversation with Attorney
Patterson, withdrew from the court room
Patterson handed in some written evidence
10 the Court that he h@d
Procured In His Whispered Interview
With Morley. TIE defense objected, and
after Judge Stowe bad read the commnni
cation, he ruled il out. The evidence re
jected transpred to be the evidence of u
witness from Rochester, \. y, who claims
10 have seen Jimmie Mutt receive teie
gram informing him of his fathers murder
at Rochester, and hearing him say, III will
Kill the man who killed my father.
Judge Stowe ruled that MOrleys tesu'
money might have gone in original y, but
could not be off, red in rebuttal. A long
time ensued during which several written
.ant.l IN rho InIDa nv the
the prosecution and received ny him. Onr
oileIed to give in rebuital evidence showing
that Dukes did not place himself IN NI;t>
way, which was excluded. In slnihe'
proposition the judge decided 10 reIe';
portion Of the request III +de tu intr"ihrt
testimony, but decided that the portion
relative
To the Influence Of Dukes Presence
on Nuts mentality might be put in as OF
minor importance. The court stenographer
Jf Fayette county was then placed on th.
stand, Mr.. Miner said that one evening he
came out Of his Office and when near the
Jennings how met James Mutt and they
walked up the street together Dukes wis
sitting il front OF the jennings House and
called to ME asking il would have the
testimony in his disbarrment case really
NJ 1t morning for court. | replied did
not think would. As Dukes spoke james
Mutt glanced around nervousIy and then
FASTENED on. lett him at the next cross
ipg above and had no more CONVERSATION
with him. Ii was in the evening, but sli'i
daylight and when
Saw Mutt walking Ahead.
| hastened up to speak to Mutt so as 20 re'
his attention attracted away from Dukes:
Robert Hunt, for the prosecution SAT-
He knew James Mutt long time. lhet
went TO school together, bit he was d ,tII
and slow. He never noticed anything IN,
zane about him. He seemed 10 have btd
temper and was easily insulted. After the
death OF his father he noticed no change in
him, He met him one day and he said he
was going TO Pittsburgh to be doctor.
Robert Moxley was then recalled and
sald he kept the Eagle Hotel, opposite the
Jennings House. lie knew Dukes and
Mutt, aud after Dukes was acquitted saw
him at the Jennings House, where he
boarded. / never noticed anything IN
Nuts conduct on any OCCASION, when ne
saw Dukes, of peculiar or striking nature
Mr.. Patterson next offered in evidence
Counsel BOyIe's Argument
in the previous case and the defen'e OF
iected, but the Court over-ruled the oh
Iection. Patterson next put IN evidence thr
the proceedings in the Dukes trial for IT,
shooting OF Mutt and his acqu ttal. he
common wealth then announced 1t had n'
more witnesses to offer al d did not care tc
offer any in surrebuttsl. Ths Moulded
the evidence and thu case closed. Judge
Stowe then said that il counsel had any
prorositiun Of law 10 make the Court wa
ready 20 hear them.
I -, .el for the defense suggested tc
r.rHcG.th that the speeches and
..,.'s be limited, with the inten
wing the case to the jury rs speed
Nv be possible. This was done on aac1Hnl
of the very altered aspect the failure OF
T. tstimoBy in rebuttsi had placed upon the
Yesterday all the parties thought 'h'
trial would have 10 he continued unu
Tuesday or "Wednesday, bat
The circumstances of the Tcs;iGn'n,
warranted the defence in urging that i
should be closed This morning and given t'
the jury, as Mr., Brown expressed II,
hot" Though the prosecution knew ths
the; would be placed at something OF
; dissdysntsge in having the case ttu
forced, they offered no strenuous objections
for it was plainly evident that though the!
had done excellent WORK, and as lawyer
used crediiable exertions, II had oeep ve!i
uphill work from the commencement anc
i, ::sIsir heart in the case was lost Mr.
Brown, for the defence, arose and Offered
to the court the law points upon toe Gaze
which were briefly that the burden ot evl
| depcs rested with the defense and that !
the Jury thought james Mutt Of unsounc
mind At the time OF committing the h lmi
eide, or If they thought that influences hsc
operated upon him TO unse'tle hIs Ind
They We're Round TO Acauit Him.
The law doss lot require that tb,
in,snity tlat sSsoives from crime
must necessarily have To exist before or If
Ter the crime, Lut that 1t does exist at II,
time OF commitsl Ci the crime. It was no
Lecesssry that the proof or insanity hJulc
be SO definite ~ to be eyond douo'. rhs
court then took recess.