Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1884-01-14
EMOTIONAL INSANITY
The Grounds of Defense te be Put
Forward
IN THE TRIAL OF JANIS MUTT
Tae Slayer Of His Fathers Murderer
and His Sisters Traducer, in
aPttsburgh Court This
Morning.


Morning.
FITrSnu RON, January 13.-On the morn
ing Of The 2l.h OF December one year ago
n l.. Dukes shot and killed Captain A. c
Mutt in an encounter precipitated by rht
latter's defense OF daughters reputation
which had been wantonly assailed by th'
former. More sensational circumstance!
leadin TO the commission OF murder OIL
more sensational details Immediately pre-
cedlng a murder, never before found their
way inIo print Precisely at eight O'Clock
on the morning Of March Is, Duke
breathing the ar shared by Mortified
multitude, left the Fayette county Court oi
Quarter S, ssions, pronounced innocent OF
murder. A Jury Of his peers had weighed
him and found him and found him not
wanting. Both Dukes and his peers,
Justly or uujustly, inherited from that
moment the contempt OF all who held tn I
a wonan's virtue and woman's reput,-
tion are things too sacred TO be wantonly
made puppets OF. Fools enter whore .
gels fear to tread After brief sojourn
at his mothers about eight miles out Of
[ UoiOntown, Dukes, in spite OF the protest
atious of his friends, in spite of the advice
OF older and wiser heads, returned to
Uuiontovn with the bold declaration that
in the wide, wide wcrid but one OF two
places could hold him,
IniuntoWu or the Grave.
Captain Mutt lelt behind him son .
yOuug man Of melancholy mieu and stroug
ImI ulses. Jim Mutt is the only man |
AIN alrald Of was DukCS' OttrereLled dee
l.ra'iUu, and yet lie and Mutt divided be
tweea them on more than one occasion the
,Iut walE-passed aud repasSed each Oilrr
without friction. Bul tnat signilied n0,h.
~. The means to accomplish destined
o = o end were in process OF manuldCl lrr
il the mind of the youth who so often
II, k, q upon the slayer OF his father, and
g.ve no outward sign that the sight was
graf ually driving him into a frenzy. Ga
:ne evening Of the 18Th of June last Dukes
u h. hotel to visit the postOtliCe, as was
h he Bit, for his mai. He had to turn a cor.
urr. IN that corner stood an unC0m pleted
bui diIC, within the ShadOT OF which
young Mutt ScCreted himself, and as Dukes
pa. I'd shot him in the back Dukes turned.
Il seeing who his assailant was, started
toward the poStoiliCe on run, followed BY
rwo more bullets which had been sent alter
him with such uuerring aim that he fell
dt al upon the postO1tice steps. For thus
'akirg the lie OF DGkes James Mutt will
be placed on trial in the Criminal Court
tomorrow m0rning, the case having. as is
well known been transferred from Fdyette
10 this county upon motion OF the aitor-
n'yS Cf the defense, they holding that
An Unbiased JEry Could not be OBJ
taincd.
in years effort in Fayette. Both prose
culcn ard defence say they are ready. AS
The rUutendire forces were made up when
the case was called for trial in Unj)ntown,
% hey will he made m when the trial Of
he case begins 10 morrow. The rrlmjnll
3TTt IS%Gmgc mhec fE1 ssH2ttr nio Ra o % "a
gUittal or conviction OF \ul!. In" room
: about GUS>D feet in size and will COM
loltabiy seat two ar three hundred people.
judge Stowe Will preside, and to prevent
confusion has issued an order to the eil"ct
hat Ill Fayet;e Co"uty people Will be ad'
mitted, all attorneys Sud as many local
Srght seefs as can he then acconmo lated
With seats, when the dOJrS Will be
closed No Oue will he permitted
to slaId and I'll demonstrations WI b'
iisClunteuGuCei. TIe prosecution viii b.
conducted by eX-l'istrict Attorney loan
son. Of lnioltCwn, ard he will be assisted
toy John Boyle, OF Lli0rtOwn, son ., CiE.
gresham Boyle, and ID. +. fH'.erFoH, Of
this city, who was a cIassmats aui warm
per.ula friend Of Dukes. pIs,rici At
'orurv Porter will he engaged in the other
in l. stead. These three gentlemen will
20 institute the army OF assault. Young
Nuts life will be defended by W. II. Pay
furG auu W. ID. Boyd OF Gniontown, both
ui vhOn assisted in the prosecution oi
Duie.i Senator Nrorh aCS, OF lrdIa"' aud
Va nr y. NJ. Brown aul Marshal SSar,1,
". la,r, uf this cry. all able lawyers. and
more than professionally interested III
The IIuaI RuiCourC Of tn" Proceedings.
II hes not Yet Eeeu degiiei who will a.
sume CHARGE nf the defense. When the
c So Wa called TO- trial in laiOntnwn w.
II. I'laN lord, having been identified with
tie IrOse Culion Of Dukes, naturally tell
Irin the leadership. The lrIusIer Oi til
cat to Il is county made more lupNrifH'
the duty dCvolyiug upon the now i1Ca'
sDrUspl, and this fact Will tend to piHC-
the leadership in hands other than thos'
Of Nil P,Yyiurd. Though it has MT yet
he.I dCClu, q upon whom shall iait lLe
nuI or, the impression prevails that elmer
N@.or lTOWn or Mr.. STa'.wrlTer Will cH'
,rra and cross examine witnesses, an p
w.l .i,O make Arguments, and other work
,,1 lone vii b" diyiEgd between Senator
Voraits auG N,Ss-s. Boyd AMI Play'Ord.
N,,., ui tat iug"i.n C)uuSe! have vet ar
ri,. q smh ate no, 'xrc,t'd until Moa lay
mol iu- I'll" uiui IL Is thought WI o.
cuiy b" cn,..J seek. -. =,
lie CcirLsr VII ta en-. Ot'Ora' lnSai ~ w
= isd to "a il" was LINES Nuts only
e>parbriun Ui lIs act when laced nniei
a-rr-l and the plea is regarded without
f.. ul final result by the C0uuae. t0- tn
d-f,Use. They hold that Mutt, never O.
p,w.rful mind, was 80 worked up 10y th'
t-sr.c death Of his father that he bec'nr
possrssed c. an irresistible desire to av5lG-
tIat death. His delay in taking DuHe'
lie is parliCuIariZed as demonstrating that
His Frenzy WAS Of Gradual Growth.
The question Of the killing will not, OF
course, be disputed but au RCqu'ttal will
tie sought after purely on the ground OF
responsibility on the part ut young Nntt
at the time he committed the deed. To
day Drs. Ayres aud Wiley, both Of whom
were for me years connected with the
I,xmont hospital, will examine Mutt, pre-
sumably in the interest of the prosecution,
with view Of giving expert testimony as
10 his mental condition. Both allirm that
tley are wholly unhiased, and de,
{ inc to express an opinion founded
upon auy ,nlng they have resd abou, the
killing. Dr. Ayres is tue physician
who testified as an expert IN the una OI
Hess, the wife murderer. EmotOnN in
sanity, pure and simple, as defense viii
| be set up for the first time within The re
uembrance Of our o!Gc criminal .dHyer'
! in the trial to morrow Insanity has haeO
set up with varying C.rrees Of Suir'ss
lumber of times, not without any hope
"a, wever. Of obtaining an atQn;ltsl, but to
lie purpose of obtainiug a mitigation o
| o., sr.e. Witnesses innum srable have he"r
.lHreraed to testify ~ the priSorers pc
a., 'ierity ui manner and diosyntr+sie3 n
/ .uind. wh'lr on !he other Iand the prose IA
'vn has secured Fsyette county for ~ -
" bo h.l'eve in, and who will testify to HI
.ouudness mentally.