Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1884-01-24
THE CURTAIN FALLS
For all Time on the Eukes.Eutt
Tragedy.
DOCTORS TESTIFY TO HIS SANITY
And the Young AyeHger is Again Given
His freedom-An Affecting Fam
lily Scene After all
Was Over.

His Freedom An Affecting Fam
lily Scene After all
Was Over.
PITTSBURGH, Jsnusry 23.-The concluding
scene in the great Mutt trial took place in
he Criminal Court room this morning,
and the curtain fell quietly, slowly and
without ripple of excitement upon q
tableau at singular variance with the hot,
eager anxiety Of the crowded multitudes
that beheld The scene for so many days.
Either to misapprehension Of the time Of
hearing the medical testimony, or from q
general belief that all was over yesterday,
but comparatively few spectators witnessed
the great dramas final act. Probably not
more than hundred persons were present
at 3ine o'clock to represent the hungry.
eyed crowd that had held every available
inch of space at a premium during the
trial. James Wells came in in his long,
tswpey ulster and quietly seated himself
within the precincts. Shortly after his
entry Mr.. Steven Mutt
walked I'm on NoiseieSs Rubbers
and silently took his seat of at the end OF
bench which he occupied alone. An OLD
gentleman entered, seated himself on the
next empty bench and sedately proceeded
to investigate the hidden secrets of pea
nut. He ate the kernels, cautiously ex.
amined the she'll, made a bottom up boat
OF cne on the end of his thumb, seemed
pleased with the feat and then dropped ii
aud its companion half on the floor, and
folding his hand on his lowest vest button,
fixed firm and concentrated gaze of pro-
found meditation upon utter vacancy.
Judge Stowe entered, looking pale aud
worn, end the ruddy cOunienanCe that has
beamed over the bench upon the ssembled
counsel was missing. His countenance
mutely said sic transit m,UvT, and
I'm Glad OF it." None OF tie Mutt family
were present except the two uncles referred
TO. The bench where they have sat dur
ing the trial was occupied by the big jury
man, Mr.. MCGOWAN, with some ladies. Mr.
MCGOWAN was smiling and happy. Marsh al
SwartzSeder came in and immediately re.
iapsed into chair and voiceless dignity.
Counsel Brown came in radisnt and beam.
ing on all. Captain O'Briep and Corporal
Georte Hte err, The two gentlemen who had
charge Of the jurors, and who have been
exec p,ionally courteous to the newsgather.
ers during tie trial, wandered around in a
d"zed condition-their occupation gone
Hardly anyone conyersed on the subject oi
the trial.
The Case had Passed Into History.
nailed on the throne of justice by the
,ot ho- ~ la
The frame work of the defense had been b
legal subterfuge that the nation had thrown
It's cloak OF public opinion about and on
il pipned the warning, Hands oit.' The
law and the people were al variance. The
people arose superior TO the law. Judges,
juries and statutes, the work OF the humin
hand, and the labor OF the human brain;
all sink into ipsigniica cance before the
lhrob of the human heart.
At 9:30 the crer opened the court and
Judge Stowe Immediately said
Gentlemen, we will proceed to tbs in.
yestigation without delay"
Mr.. Brown, for the defense, arose and
said
II ask that the Warden OF the al be
sworn"
The Warden was standing in front nj the
Judge, and Immediately took the oath and
went on the stand.
Warden Smith, have known the pris
Oner since he was in Jail. | have had
some twelve years experience with Grim
mails. / think James Mutt is mentally
sound w any man | have ever had charge Of
Judge Siowe-Mr. Brown, had not the
defendant lest be brought up"
BroND-Gss, certainly, your Honor. J
thought he was here.
Strange as % May Seem
up to this moment, though everybody had
been thinking OF the prisoner and inteut
on his interests, none apparently noticed
his absence. He was led in looking smiling
and happy, and the settled csreworn, duil'
eyed characteristics that have marked bi
coun,epance during the trial were lifted
de took his seat on chair among the spec
tators, lust inside the railing, and JGdg'
Stowe, having nodded to him, turned t.
Warden Smith and asked: You theh
think, Warden, that he is sane aud safe to
te set at liberty
Warden Smith-Yes, sir. He is perfectly
Sarp ard las been one OF tie best aL.
g, 90 'rsorers have ever had.
|.,y was next sworn.
s,-- should think James EItt j.
.., .!lasl mental and physiCa. culii
"a.
Judge-Is lie OF sane mird?
Nilry-He 10 IN his orDai c1H u 70
mentally.
BroSn-Is he sGne tGongt to be Stlo.
eIty?
Wiley think 30. Yes, sir
Judee-He NAV be mentally no a
strong as some others but you think hin
fully competent 10 be at liberty?
Wiley-Ies, sir.
DR.. Beatty Next Took the Chair.
DR.. Beatty-I think James Mutt is OF
sound mind and fully responsible at tn
present time. / see nothing IN his ment%
condition that would cause me to think II
at all unsafe to restore him 10 liberty.
DIR. Heron testified: have had some
care of insane patients. have seen Jaure'
Mutt frequently. 1t would be perfectly
safe to restore him to liberty.
Judge Stowe-You think him Of sound
mind?
Herron-Yes, perfectly.
Mr.. Weeks teslitied-l have seen James
Mutt this morning. j think he is now
fully able to take care OF himself, and that
there Is no danger in placing him at liberty.
DR.. Christy was the next called Tor BY
Mr.. Brown, but the Judge said: Il do not
Il ink more testimony necessary. think
on the trial il was shown tbst he was OF
sound mind preceding and after the deed.
| was much saUsneO yesterday ae am
today that it was perfectly safe TO dis
charge him, but as the verdict OF the jury
was insane at the time Of the deed, | hsd
10 comply with the act OF assembly and
detain him until his mental condition
Could be EBquired lato.
While fully concur with the evidence a.
10 his sanity, have to perform my dTty
according to law. The presumption OF in
sanity as found by the jury remsins until
oyerihrown by evidence, and that has been
Gope. Anticipating such result / have
prepared the following decision which
will now read to you:
Commonwealth rcrslU JANE, Nut:
And now, January 23d, 1884, the jury IN
the above cause having found q verdict OF
Not Guilty" upon the ground OF insanity,
end declared the same in their verdic. IN
accordance with the 66th section Of the
act of the 2lst OF March, 1860, aud il there.
by becoming tbe duty Of the Court 70 or
der said d.fepdan TO be KEEP. in strict Gus.
tody 80 long q. he ,bsll continue 70 be OF
unsound mind, In the case the same shall
be necessary and proper, and 10 that end
that the Court might considerably deter.
mine whether such necessity or propriety
existed, Witnesses, physicians snd other,
having been cal ed snd eIa1ined in regard
10 the present condition OF the defendant
as 10 mental unsoundness or insanity, who
testify that be is nov OF sonnd mind and