The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1884-01-21

to give IN rebuttal evidence showing that
Dukes did not place himself in Nutt's
way, which was excluded. Ia another
proposition the judge decided to reject q
portion ot the request made to introduce
testimony, but decided that the portion
relative to. the iua1ence q Dukes' prcs.
ence on Nutt'a mentality might be put In
as Of minor importance. 4 .1,9ii.,ii !:
...S.a.5 DUKES AND MUTT MEET. ~ ~ !, /,
The court stenogtapher Of Fayet.e couu:
", was then placed on the stand. Mr.,
Miner said that one evening he came out
OF his Office and when near the Jennings
House met james Mutt and they walked up
the street together. "Dukes was sitting in
front OF the Jennings House and called to
me asking II would have the testimony
in bis disbarment csse ready next morn.
for court. l replied did not think l
would. AS Dukes spoke James Mutt
glanced around nervoulsy and then hasten-
ed on. left him at the next crossing
ahead and had no mere conversation with
him. 1t was in the evening, but still day.
light, and when l cav Mutt walking ahead,
!, hastened up TO speak to Mutt so as to get
his attention attracted away from Dukes. u
Robert Huut, for the prosecution said:
He knew James Mutt long time. They
went to school together, but he was dull
and ,slow. He never noticed anything in.
sane about bin. He seemed to baye a bad
temper and was easily insulted. After the
death Of bis father be noticed no change in
him. Helmet him one day and he said be
Was going totPitisbnrgh 10 be doctor. ~
Robert Moxley was then recalled and
said he kept the Eagle Hotel, opposite the
Jennings House. He knew -Dakes and
Mutt, aud alter Dukes: was acquitted saw
him at the Jennings House, where be
boarded. I NEVER noticed anything in
Nuts conduct on any occasion, VIXEN he
saw Dukes Of q peculiar oy striking nature.
Mr.. Patterson next offered in evidence
Counsel Boyle's argument in the previous
case and the defense objected, but the
Court ove1ruled the, objection. Patterson
next put in evidence the proceedings in
the Dukes trial for, the shooting OF Mutt
and his acquittaI. The commonwealth
then announced it bad no more Witnesses
to offer and did not care to offer any in
surrebuttal. This concluded the evidence
and the case closed. Judge Stowe then
said that II connsel had any proposition O!
law to make the Court was ready to hear
them. $50
THE ARGUMENTS. ~. q
The counsel for the deiense suggested to
the Commonwealth that the speeches and
arguments be limited, with tho intention
otgiyins the case to the Jury as speedily as
possible. This was done on account Of the
very altered aspect that the failure Of tea.
timony In rebuttal had placed upon the
case. ,.5s !: n Z ~, ,5!i !IS g,l',
Yesterday all the parties thought the
trial would have 10. be continued until
Tuesday or Wednesday, but the circum-
stances Of the testimony warranted the de-
tense in urging that 1t should he closed this
morning and given to the jury, as MIR.
Brown expressed 1t, "red hot."; Though
the prosecution knew that they would be
placed at something OF q disadvantage in
having the case thus forced, they offered
no strenuous objections, Tor it was
plainly evident that though they had
done excellent work, and as ! lawyers
used creditable exertions, 1t has been very
uphill work from the commencement and
their heart in the case was lost Mr.. Brown,
forlthe defense, arose and offered to the
court the law points upon the case, which
we're briefly that the burden Of evidence
rested with the defense and that II the Jury
thought James Mutt lof ynsould mind at
the time Of committing the homicide, or il
they thought that influences had operated
upon him to unsettle his mind, they were
bound to aequit him. The law does not
require that the insanity that absoyes
from crime mus. necessarily have to exist
before or after tho crime, but that it does
exist at the time OF committal OF the crime.
1t waa not necessary that the proof OF in.
eapi,y should be 30 definite as to be be.
youd doubt The court then took recess.
AFTERNOON SESSION.
When court resumed, Marshal Bwar,z-
welder said, "Your Honor, there has been
an anxiety on thepart Of the defense to
relieve the jnry, and a public anxiety to
complete this case as soon as possible, and
now suggest, with the consent Of counsel
that shig cage be Submitted to the jury
without argument, upon your Honor's
charge. ] would not dare to submit. suoh q
were 1jnot confident that the
Jury are fully posted upon the case from
the evidence received. / will venture 10
Say thSt there is not a man on the Jury,
nay, 10 this court room, in Pittsburgh, Of
Allegheny, but has made up hta verdict on
this case. Y our Honor nor the Jury do not
nit there To hear pathos and 4oratory. 8. I
therefore make this proposition ,l.sl
Major Brown SAID he had not been con.
suited but he heartily aequieaced In the
sn9gestion.; .lii, lS5 5t!,iss;;s ,4 Z.
This brought Nj. Patterson, for the nroa.
eoution, 10 MIA feot. "This is the first time
We have heard Of this proposition, your
hopox. It is q great surprise snd re-
markRhle suggestion. Mr. Swarizwelder
makes the declaration that the verdict ID
already formed. In iustice and honor and
all obligations to ths public hope this is
not 90. The argument Of counsel ia not a
mere matter OF choice but OF sworn duty.
We have no right by singular actions ia
create precedent. therefore, with the
consent Of my colleagues, decline the prop,
o0ition." i,Tt#t, asSS;'tt3 :. 5''ss,,dt
The Judge then ordered the proceeding,
10 continue. Senator Yoorhea pYoposet
that tho proceedings occupy seven hours or
Mondav-th1ee and 4 hall houra ior tht