Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1884-01-18
Six Medical Experts Pronounce tho
Killing ofDukss
The Deed of a Man Insane from
Sorrow and Shame.
Evidence Given In by the Defense
Yesterday
That Will Certainly Acquit the
Young Ayengsr.

was crowded as usual. Mrs. Mutt and fam
| lily were not in their accustomed seats.
Among those present, however, were Mrs.
Breckenridge accompanied by her husband,
the ger tleman who is cashier OF the Eco
Piles NATIONAL tBank.at Uniontown, and who
received letters threatening his life If he
appeared as a witness here. The prisoner
was brought in looking fresh and smiling.
1t is now thought that the trial will extend
well into next week, as there Is only bare
possibility that the defense will more than
get through with the witnesses by Satur-
day, James Wells, the uncle Of James
Mutt was the last witness examined yes
! terdsy' He resumed his seat in the witness
box and the examination recommended.
Defense-"What did you do on the af-
ternoon of June l3:h in the stable at
Nutt's?"
al was in the stable saddling my horse.
stephen and James were indulging in target
practice" He said:
"Uncie James You shoot
| took the pistol and tried once. Stephen
Mutt tried to shoot with his pistol but it
would not 10 off and James said: Never
luind uncle, Stephen and will go u the
house and get pistol that will sh Jot."
lie then brought pistol out of the house
and Wa fired at board with it. After sew.
tral shots We started home laughing and
chatting. | did not hear Stephen say,
now j III don't fall | don't remember
hearing him say anything. Stephen had
an old bull dog pistol which wouldn't
shoe, at all. Stephen bad been talking to
James about gardening. l did not hear
Jim say anything about Dukes, and never
81 oke to him on the subject because Dukes
Rame used 10 affect him SO much. = '~.-~
NutLs father was married t".--. A..
first vile be had Stephen, Joseph, James
and Moses, full brothers. Captain Mutt
and William, George and Jackson, were
half brothers. Captain Mutt also bad sis.
ter Mary. She was full sister. Her mind
was affected. A committee were appointed
by the court to take charge Of her. George
Mutt died an imbecile. James and Moses,
bis full brothers, we're both deaf mutes
There were court proceedings in the case OF
George Mutt also,
He Being Mentally Incompetent.
Young Jim was peculiar, and when talked
to would get excited. He was always a
a nervous boy. told him that il was said
Dukes was following Lizzie and il excited
him but he didn't say anything. have
talked to him about Dnkes and told him to
keep away from town, that 1t would be
best. After Dukes trial he would shudder
al Dukes name and lost all interest in
things and they could not stir him up"
Isaac Hurst said he had been acquainted
with the defendant all his life and always
thought he was weak minded. Before his
fathers death James worked on the farm.
AfteS he came home from Rochester m at.
4 - Aa
depressed. He did not seem to have any
inclination to care for the farm as he had
before. He was changed. He would not
talk TO me on the subject OF his fathers
death. After Dukes WAS acquitted be grew
moody and would often
Sit Dewn Only q Moment
and then get up and go out restless like.
used TO speak to him when l met him in
town and sometimes he would not answer.
he appeared TO be in deep study about
something. / met him on the road going
to town the night Dukes was shot and
walked part of the way with him. We had
acme conversation about an Alderny CALI
but don't remember saying ything else.
Mr.. Breckenridge, the cashier of the Pso-
ple's Bank at Uniontown. told the story OF
captain Nuts death; After the Dukes
trial Captain Nuts pistol, which the wit
ness had taken from tAe deceaseds pocket
went into the possession of Mr.. Boyt. The
witness was administrator OF the Mutt es-
tate and one day young Mutt came to his
office and said his mother said he could
have his fathers revolver. The witness
told him he would like to keep it, bat he
said: No, / would like to have my fathers
pistol" So | sent TO Mr.. Boyd's othcs and
The latter got il from his safe and gave 1t to
him, James was in the
Habit OF Carrying n Revolver.
He came for the revolver about three
weeks after the acquittsl OF Dukes. The
prosecution here attempted TO show that
Csptaiu Mutt had gone to the Jennings
house with felonious intent, but the de-
fepss objected and the court sustained
their ruling that the Mutt case could not
be tried over. (Clark Breckenridge, In an
interview, says the letters received by him
were most scurrilous and ADVISED MIN 10
i,sye N q country, called him vile names
and cast reflections on himself and the
Suit fsmily, In the case OF Nuts
acouittsl he did not think it wise
for him TO return to Uniontown, and
thought il would be we'll ior him to go
West for q time. There were those in
Uniontown who bore him no good will, but
he doubted IL any open demonstration oil
snimosity would be made. A numoer o,
other eople from Uniontown expressed
themselves in the same way, and some
Thought il might develop into sectional
matter that would create lasting and trsdi.
tional snimosities.D The witness had seen
| him shooting and once shot at the marx
lanes Junk, another uncle, said Jim
yould sit with his face in his hands for
hours without saying anything. some
times he would commence speaking then
| cot up and walk away without finishing.
| lie ate dinner at Nuts house the day OF
| the shooting and was with the prisoner
| fonr or five hours. He didn't talk much
and
/ Appeared Moro Reserved Than Usuh
Remarked the change to my wife but
| said nothing to Mrs. Mutt. DR.. Sturgeon,
was next called but was absent. Mr.. Play.
/ ford offered to the prosecution to admit
/ what was desired by the witness IL admts.
/ sable As evidence. Senator Uoorhees pro-
! dncsd the evidence Of the Doctor. IL Is TO
the effect that Dukes was armed at the time
\ o. the shooting with Q revolver and ooure
knife, Patterson objected. An offer was
made to have il read 10 the jury and sus'
tanned by the court
at Ills .. m. Leoms Philips school
teacher said: James Mutt one Of her scholar
in 1879 and 1880. He wrs slow in learning
and when he stopped school didn't show
| much improvement. He was good ooy
| and tried hard 70 learn.
Concludirg, Mss Phillips said: James
| Nutt's mental capacity WAS much lower
| than the Other children"
Medical Expert Testimony
was then called. DR.. A. N. Pollock, the
first witness, said he felt competent to
give testimony as an expert in cases oil
mental difficulties. A hypothetical c ise
was put 20 the doctor BY Swsrlzwelder,
embracing all the points in james Eutes
case, constituting synopsis of what had
been offered in relation to his mental inca
pscity brought out by the witnesses exam
ined. The result upon his mind Of his
fathers death, his sisters troubles, Dukes
actions, his mothers grief and the testi.
mony that Dukes had continued
the persecution of his sister. To
this resume was added in the
hypothesis young Nuts actions OF melsn'
eholy, his retirement and ultimately his
trips to the post-oftce, his meeting Dukes
his shooting him, bis subsequent arres!
and his statement to the officers, 81 could
II s. "a IN BAL az