Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1884-01-17
AN IMbECILE.
So Says Doctor Fuller, OF fsung
Jim Mutt
In the Trial at Pittsbura fester
day.
A Mothers Touching Story on the
Witness Stand.
The Line OF Defense as Outlined
Established.

morning probably had some influence in
reducing the usual crowd at the opening
of the Mutt trial this morning, and the
fact that none could be admitted without
tickets, undoubtedly kept away the crowd
that has morbidly thronged the Railways
and vestibules since the trial commenced.
There was large number Of ladies present,
and the persons in attendance as spectators
were evidently from the well-tO-do classes.
Mrs. Mutt and Lizzie were on hand early,
and occupied their accustomed seats. Hon.
Daniel Voorhees, was on hand also. He
will do the summing up for the defense.
Promptly at $50 o clock the court opened.
Mr. Playford, for the defense, opened the
proceedings by outlining their case. He
ssid: 1t has truly been said that prosper
ity is the test OF friendship on the altar OF
friendship. / cast my Offering this morn
ing, and am here to defend that boy,
whose Father Was NY Friend
before he was killed. This is remarkable
case and has been conducted in a remarka-
Ole way. We do not deny the, killing.
IHas il not occurred to the Jury that II
would seem singular il we should try to
show that there Is nothing singular In the
fact that a citizen was shot down IN the
quiet Of the evening without moveaole
cause? Does it not, gentlemen, show that
there was an unnatural cause-an ins unity?
The commonwealth, had they SO mi 1dei,
could have shown you that, with the terri
Ole disgrace and the scenes winch had pre-
ceded. Young Mutt knew not at the mo-
ment Whist be wss doing and that We shall
prove. We shall show you by the evidence
hat at The time he did the deed, past wrongs
end outrsges upon his family had made
him unable to control his will; and that he
was pressed into the commission Of the act
Gy u controlling influence that was over
poString is the defense in this case. An
ioiluence that he couldn't resist is our dec
lsrs,ion of his part in the deed performed.
We will show you the circumstances which
IreCeded shooting, his sffectionate nature,
love Of home and devotion to his father,
mother and sisters. We will show
The Deep Interest Taken By Him
in all home projects, and how, after the
murder OF his father, that boy was changed.
How he became melancholy and said his
entire life's current seemed changed. But
up to the trial of Dukes, the boy knew
nothing about the terrible letters Dukes
had written, casting terrible aspersions up
on his sister, bankrupting the family's
When the boy heard those letters-the most
dsmnably horrible q human being ever
penned-his mind gave way. He walked
the floor all night long and spent the day
in weeping. His appetite forsook him.
Reason was overthrown. Not for fifty
years has q man been convicted for Staying
his sisters seGucsr and there is no case
parallel TO this. No man who committed
such a crime a>iDukes cou j 90 unpunished
Dukes knew il himself. No twelve Indians
would hang boy for taking in his hands
a Justice that belonged to him, and you,
sentlsmen of the jury, will not add TO
sisters destruction and a fathers murder
The Murder OF u Brother and an Or
pbaned Son.
We will call DR.. Fuller, the physician OF
the Mutt family, who has attended the boy
from birth, and he will testify that he was
always delicate and Of q nervous tempera-
ment. We will show that after the shoot
ing of his fsther that the liability OF men
tai turbance, hereditary in James Nuts |
family, which has afflicted his uncles and
aunts, took q strong hold on him and af- |
fected his reason 20 that he did not possess
control OF himself up to the hour he shot |
Dukes. We will show that there can be |
but one verdict, aud that acquittal."
pr. Smith Fullsr, the first witness. testi- |
lied that he had attended the Mutt family
Tor seventeen yeaSs and treated the defend
ant seyeTal times sshen sick that he always |
believed him to be mentally deficient and
without sound meatsl attributes; that he |
would be inclined to harbor feeling OF en-. |
nifty, which wouli increase with time and
probably
Become n nonosaanjsc ON the Subject. |
The doctor further stated that in person |
ike James Mutt mentally brooding upon
IL. sl. .NVAI
and incsparitate Kim for mental control |
over himself. Ths doctor said be consid. |
cred him an imbscile, but not an idiot 1
The admission of this evidence destroyed |
the prosecutors attempt TO rule out the /
defense OF emotional insanity, and gives |
clear field for the 'efense. ,
Mrs. Mutt wss then called: MY |
husbands rame was Allison I.
Mutt" At the rsre Of his faith |
or the prisoner commenced crying. Con- |
tinuirg. Mrs. Nu! said; My husband died /
suddenly at the Jennings House. have
nine children. 1t the time OF my hus- |
bal DIS death jim was at school at Roches-
ter, Y. y, but Cime home Immediately.
De was good by and Tuch attached TO |
his father and myself | always consid
cred him the reverse OF mentally strong
and his father often said Y he died he dis.
liked to leave Jim more than the rest OF |
for himself. Excitement greatly affected
the boy,
He was accustomed to use a pistol for |
wears, shooting at the mark, being favorite
psstime. After his father was killed James
made request for his pistol and the wit |
ness gave il to nim. Before the Dukes |
trial he was quite listless and took little
interest in anything. After the scquittal |
of Dukes, he was greatly excited and grew |
more so when he heard the Dukes letters. |
For a week before the killing of Dukes, the |
defendant often screamed murder" at
night waking up all in the house. One day |
he went to the pOstoffice, and when he re-
turned was much agitated, walked the
tioor and finally left the room. The wit |
ness followed him, and he said: Mother,
don't you think that villain Dukes had the |
impudence to look at me and laugh" Sew
eral other times when IN town he would |
return much excited. This was when he
would meet Dukes. The prosecution OBJ |
iected to the admission OF this testimony, |
but the Court Lyerruled.l The witness |
continued, II saw nothing unusual about |
Jim the night of the shooting" The wit |
ness was then shown letters, which were
identified as those written by Dukes, and
shown Her by Her Testimony.
They were the same letters resd at the
Dukes trial. Court then adjourned
The trial was resumed with Mrs. Mutt on
the stand. Senator VOORHEES, arose and |
stated that the defense would put in two |
letters addressed to Captain Mutt by Dukes |
snd one addressed to Dukes by Nuts |
father-in. law as evidence. The letters would |
not be read at present, but it was agreed that |
the counsel could make remarks upon
them previous to their being given to the |
jury.
Mr.. Brown: Mrs. Mutt did your SON
read in the newspapers the accounts OF an |
indignation meeting and the hanging of |
Dukes in efigy2"
Mrs..Nutt: YES, SIR"