New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1884-01-18
NUTS MURDEROUS IMPULSE.
MEDICAL EXPERTS TESTIFY ABOUT IT.
PRONOUNCED To DE EMOTIONAL INSANITY WITH /
HEREDITARY PREDIsPOsITIoN.
lily TEL sGR ApH 10 LIE TRInrNE.1


PITTsBURG, Jan. 17.-When James Mutt en-
tered the Criminal Court this morning he looked AZ
though the night had been seepless one to him. His
ewes were red with weeping and his features were more
pnched than usual Clark Brecknbridge who sat inside
the bar the who received letters threatening MS
life IL he appeared witness now. MISS LzAe
Mutt was absent. She Ia suffering from her
vOus prostratiOn and Is confined to her bed She
overcstimated her strength and powers of seeconro
It when she resolved to he her brother during
his trial The testimony has been particularly harrow
ing her feelings and she almost tainted on the street
yesterday afternoon when leaving the court room she
was surrounded by largo crowd who followed her 10
the door of Major Browns Office
The testimony OF the morning session was practically
repetition of yesterdays James Wells brother OF Mrs
Mutt Isaac Hurst, Clark Breckinridge, James Junk
another uncle of the prisoner, and Mrs Lenore Philips
schoo-teacher, testimony which corroho-
rated previous testimony In regard to the prisoner
mental capabilities Major Brown offered Transcript OF
the court show that Mary Mutt sister of the
prisoners father was adjudged insane. Other testimony
was produced the that several of her brothers
were insane also.
Several medical experts then placed the stand
Dr. A NJ. Pollock practitioner for over forty years,
the first to give his testimony He has had large e1-
perience in mental diseases. hypothetical question
was nut to the doctor 1t covered all the circumstances
of the case concluded with the question, " these
facts are true what the mental condition OF James
Mutt when he shot Pollock said: "A
with the ancestry mentioned would be likely to inherit
insanity under great aggrayaon. should consider the
mpetuous action of the young hereditary with
him. An insane person person OF weak mind may
act the same as q sane person in such case"
"what effect would the sudden appearance Of Dukes
hnve upon Nuttl"
about the effect waving red flag In front OF
angry bull The facts relating to the ancestry OF
young Mutt as related to by counsel would tend to
show that the temperament 1t descended to his
fathers family would less be inherited by the
young aud manifest itself In mental nnsoundness
yet people who have such an heritage pass through
whole life without insanity becoming manifested
In such persons there Is organic condition OF the
nerves which renders such people more liable
10 manifestations OF insanity than those otherwise
constituted. I have known cases where there was
distinct manifestations of unsOundness Of mind, which
passed away without apparent permanent results.
can only say basing my answer upon Hypothetical
while with the community at large 1t would be the
reverse"
the State In this city his opinions on all subjects have
great weight While he was testifylng silence that was
almost breathless maintained; and when he stated
positively that Mutt insane when he shot Dukes
but that Insanity might never again manifest itse there
Uof %Si opoas nOe OF tSs tempny and that
Dhy, Riggs, Ewing, Wylie, and Fuller which followed.
md which the same In substance the conclusion
u DE- Fullers testimony court adjourned until to-
morrow. - ,,,,-
day. probably Monday, will be taken mp by the Com
mOnweath In rebuttal number OF witnesses VIII Oe
called to testify That members OF tne Nutt lanllly
declared to them Immediately after Il shooting that
james was not insane An effort win also be made to
call Miss Lizzie Mutt to testify 10 the same fact This
will be vigorously resisted by the defence.
1t was learned to-day that the Commemorative
attorneys have discovered a somewhat similar case,
which tried before Judge Stowe twelve years ago,
and I'm which he ruled strongly against the theory OF
emotional insanity In his charge then he said: The
law presumes sanity when an act Is dIne If no insanity
Is shown by the evidence; and when II appears that
man was sane, shortly preceding the act and shortly
after the presumption exists Of sanity at the time Of the
act and no jury has night to assume otherwise unless
the evidence in connection with the act fairly convnces
them that the defendant actually insane at the
moment the act committed.
TIE defence will cite in opposition TO this the definition
insanity laid down by Chief Justice Gibson In 1916.
He said: There is moral or hOmicida insanity con
ssting an Irresistible inclination to kill commit
some other particular offence. There may he un-een
igament pressing the mind drawing 1t to conse-
Quences which hut cannot avoid, and placing IL
under coercion which, while its results clearly per
ceived l. incapable OF resistance. Chief Justice Glib
sons conclusions 10 the evidence necessary TO prove
moral or homcidal insanity follow what Is given here
at great length Nuts friends claim that what has
already been proven concerning him exactly accord5
with the ideas OF the Chief Justice