Butler citizen. [volume] (Butler, Pa.) 1877-1922, 1884-01-23

the Supreme Court.
l Judge Stowe ruled that as the cita-
tion referred TO a mental condition su
perInduced by drunkenness, it was not
pertinent to the present case. That
the present instance was to show the
jury the mental condition of young
Mutt both previous to and at the COM
mission of the deed, and overruled the
objection, by so doing admitting all
testimony on James Nuts mentality.
Defense-What | want to know,
Mrs Mutt. was James of such mental
: capacity that excitement would affect
| him much?
Answer would greatly affect
| him.
Defense-Dd you notice this long?
Answer-All through his life.
Defense-Was James accustomed to
the use of the pistol?
Answer-Yes, sir. He had fancy
for pistol when quite a small boy.
His father bought him his first pistol,
and be had one when be was quite
small boy and often used it shooting at
marks. All the children shoot at
marks. James was good shot. He
carried his pistol with him all the
time.
Defense-Did he buy pistol after
the killing of his father?
Answer-He spoke to me after the
trial of Dukes, and asked for his fathers
pistol, and | consented that he should
| have it.
Defense-How did James appear
when be first came back from Roches-
ter?
Answer-I was sick in bed and /
can remember him standing over me
and begging me to get well My
health was poor, but my husbands
death prostrated me and | was confn-
ed TO bed several weeks.
Defense-Was James at his fathers
funeral?
Answer-Yes, sir. l was unable
to go to the funeral
Defense-State how James was be-
fore the trial of Dukes?
| Answer-He was yerv quiet and
listless and did not take auy interest
in anything as he did before.
Defense-Did anything occur that
excited him?
Answer-Yes, sir. The acquittal
of Dukes. James attended the entire
trial. James did not know anything
about the Dukes letters before Dukes
trial. He there heard the letters for
the first time, and they made an i'm
preston on him. He grew very
moody, and sat around and cried and
grieved over his troubles. would
often find him off by himself, sitting
and crying He would not talk, and
he never appeared 20 want to tell his
troubles. Al night he was very
wretched and restless, and | would
often go in his room at all hours of the
night and ask him if he was not sick
Defense-Did you hear him make
any noise?
Answer often heard him moaning
and sometimes | heard him scream
'murderr 1t would wake up all in the
house. He would wake in his sleep
and cry 'murderp That was a week
before he shot Dukes He had no ap-
| DcIlIt dlJeT uHu
would eat but little.
Defense-Do you remember seeing
him do anything peculiar at meal times!
| Answer-He would often leave the
table and walk around for awhile, and
then come back and sit down. He did
that very often.
Defense-Did the little children make
any communications to James when
they came home in afternoons!
Answer-They would aften tell him
when they came home that they had
seen Dukes They took their dinner
with them and ate it in the bank.
When they came home they would be
distressed. The bank is directly op-
poste the Jennings House, where
Dukes boarded.
Defense-Did you ever talk to your
son about Dukes ?
Answer-Yes sir.
| Defense-What caused you to do 40!
Answer told my son James when
Dukes came back to Uniontown |
thought il meant harm to him. / was
anxious about James, for l knew Dukes
feared him and was trying to aggravate
him. | had heard that Dukes was fol-
] lowing my daughter Lizzie. | had
heard that Dukes had said James was
the only one he feared. | told James
these things
Defense-Mrs Mutt, were these mat
ters talked of in the family?
Answer-No, sir. NV mother, Mrs.
Anna Wells, was living with us. |
think she talked to james on the sub
ject The effect upon james was notice
able
| Defense-Did James read the news
papers after the acquittal of Dukes?
| Answer-Yes; after it he seemed to
be anxious to read the accounts of the
trouble He also read letters that |
and my daughter received from all
parts Of the United States. These let
ters referred to the killing of my hus-
band james read these letters
and the papers and seemed to ponder
on them. He used to preserve the let
tcrs and papers in his trunk
Defense-Did you get many letters
Answer-Yes, cir The letters were
written by both men and women.
They often contained slips cut from
newspapers commenting on the killing
of Mr.. Mutt. always saw a change
in James when he came back from
Uniontown if he had met Dukes. He
went there to the Postoilice twice day.
He and his brother Joe usually went
for the letters. After trip in which
be had men Dukes he would be very
much agitated though he would say
nothing about it, lie came home and
walked the floor, so | was alarmed, and
| asked him what was the cause, and
he said:
Objected to by prosecution.
| L.,, ,yanL h.r IA