Morning journal and courier., 1884-01-18
PENNSYLVANIA.

70 k11S 4nGAn1Iy-A1S S4SBeF DO"n
 With Nervous PrOstrxtiOn.
 PIrTsBURG, Jan. 17.-When the Mutt trial opehed this morning the court room was crowded as usual. Mrs. Mutt and family were not in their accustomed seats. Among those present, however, was Mrs. Brecken- ridge, accompanied by her husband, the gentleman who is cashier of the Peoples National bank of Uniontown, and who re- ceived letters threatening his life if he ap- peared as a witness here. The prisoner was brought in looking fresh and smiling. James Wells the uncle of James Mutt, resumed his seat in the witness box and the examination began. The witness testified to the prison. er's custom of handling and practising with pistols, but denied hearing Stephen Mutt say 'Now, Jim, don't fail'' on the occasion of shooting practice on the afternoon of June 13 He did not hear Jim speak about Dukes, and never spoke to him on the subject as Dukes name seemed to affect him so much. Captain Nutt's father was married twice By his first wife he had Stephen, Joseph. James and Moses, full brothers. Captain Mutt and William, George and Jackson are half brothers. Captain Mutt also had sister Mary. She was a full sister. Her mind was affected. committee was appointed by the court to take full charge of her. George Mutt died an imbe cile. James and Moses. Lis full brothers, were both deaf mutes. There we're court proceeI- iogs in the case of George Mutt also, he be- ing mentally incompetent Young Jim was peculiar and when talked to would get ex- oitoA. a a1wQua a hNv I told him that it was said Dukes was following Lizzie, and it excited him, but he didn't say any thing | have talked to him about Dukes and told him to keep away from that town, that it would be best. After Dukes trial he would shudder when Dukes was named and lost all interest in things, and they could l not stir him up.
 Isaac Hurst testified as to the pculiarities of the prisoner, whom he always considered weak minded. After Dukes acquittal his disposition seemed to grow more moody and he appeared always to be in a brown study. Mir Breckenridge, cashier of the Peoples bank of Uriontown, told the story of Capt. Nuts's death. After Dukes trial Capt. Nuts pistol, which witness has taken from his pocket. went into possession of Mir. Boyd. Witness was the administrator of the Mutt estate, and one day young Mutt came to his office and said his moth CT said he could have his fathers
 
 to keep it, but he said, ''No; would like to have my fathers pistol,' so witness sent to Mir. Boyd's office, and the latter got it from his safe and gave it to him. James was in the habit of carrying a revolver. He came for the revolver about three weeks after the acquittal of Dukes. Witness had seen him shooting and once shot at "a mark with him.
 James Junk, another uncle, said Jim would sit with his face in his hands for hours, rarely saying anything. Sometimes he would begin speaking, then get up and walk away wit h. out finishing. He ate dinner at Nutts house on the day of the shooting, and was with the prisoner four or five hours. He did not talk much and appeared more reserved than usual. Witness remarked the change to his wife, but said nothing to Mrs. Mutt.
 Dr. Sturgeon was next called, but was ab- sent. MT. Playford offered to the prosecu- tion to admit what was desired from the wit ness if admissible evidence. Senator Voor- hees produced the evidence of the doctor. It is to the effect that Dukes wore at the time of the shooting revolver and bowie knife. MT. Patterson objected. The offer was made to have it read to the jury, and was sustained by the court. Recess was then taken.
 On the opening of the doors this afternoon the crowd was slowly admitted to the court room. Many ladies were in attendance, but the court and witnesses were slow in arriv- ing. Miss Leonora Phillips, school teacher of Fayette county, to whom young James Mutt went to school, was the first witness called by the defense. Her evidence was in answer to an inquiry as to Nutt's mental capacity as compared with other pupils of like age, to which she replied: ''It was much lower. I noticed no change in him nor progress. He lacked mental capacity to learn.'
 Mir Brown then offered certified records of the county court of Fayette county showing the action of that court in the matter of it's declaration upon the mental incspacity of Mary F. and George Mutt, uncle and aunt of the prisoner, who were prosecuted for luna- cy. Counsel for the prosecution made no objection and the records were placed in evidence. The records dated the Fayette county courts action in 1863 and 1868 re- spectively.
 The medical expert testimony was then be- gun and MT. Swartzwelder relieved MT. Brown in questioning witnesses. Dr. A. M. Pollock was next called. MT. SwartzWelder recapitulsted Hypothetical case embracing all the points in the James Mutt case, con- stituting a synopsis of what had been offered in relation to his mental incspacity brought ont by the witnesses examined The phy sicisn, who is considered an expert in the examination of cases of insanity, replied: "A person with the ancestry mentioned would be likely to inherit the insanity under great aggravation. I should consider the y reditary with him. An insane person or person of weak mind may act the same as 8 sane person in like action.''
 Dr. Daly was the next witness sworn and the same question propounded to Dr. Pol lock was repeated to him. The doctor studied for some time and finally said: I should regrd that some uncomfortable impulse would be inherited by the young man arising from a weak will power. I am not much of believer in the inherited tendency of insan- ity, though I believe it really does exist, and in forming an opinion from tue hypothetical question would say it existed in this in- stance An irresistible impulse is one un controllable by the will. Under the condi- tions expressed by the hypothetical question a man would moro easily break down from 8 strain than one not predisposed to such con- ditions
 h the treatment of various pecuIiaritiss Of insanity, folio Their tee timony most emphatically sustained the theory of amo- tional insanity in the case and they cited quotations from the last editor of work on mental diseases by Dr. Hammond. Dr. Charles O. Wylie, who has for six years been actively connected with the Dumont insane ylum, said in reply to the hypothetical question: Nuts act was the result of an ir- resistible, uncomfortable impulse, produced by emotional influence which prevented the action of his will and intelligence" At 3:50 p. m. this witness was dismissed from the stand and court ad diourned until tomorrow. The absence Of Miss Lizzie Mutt from the court room to-day is due to the fact that she is suffering so seriously from nervous ex- haustion as to be confined to her bed The testimony has been particularly narrowing to her feelings and she almost tainted on the street yesterday afternoon when leaving the court room. Her condition excites the great. est fears of her friends.
 
 The skeleton's Bride Goes Insane.
 PHnADElpH1A, Jan. 17.-Bertha Clear, the girl who married Garrison, the living skels-