A t i ;:1 , i : ,!! I The Somerset Herald. EDWARD 8CTJLL, Editor end Proprietor. VtDimDiT. ..Inucris, UM. The Republican Legislative cau cus of Iowa, laet week nominated Senater Allison without a dissenting voice. Lancaster claims to be the larg est tobacco producing county in the United States, the crop of one jear haying been sold for the snug sum of 3,000,900. Ges. Campbell has introduced petitions in the House for an appro priation to pay the rebate on the to bacco tax, and from the Temperance Union of this State, urging a restric tion upon the sale f alcohol. At the election held in Massachu setts last wk, for a congressman to fill the vacancy created by the choice of Mr. Robinson as Governor, Frank W. Rockwell, Republican, was successful over his Democratic competitor by a large majority. The New York Timrs, though a lree trade paper, concedes that if the Democrats in Washington Uke any step toward reducing duties, even if they do not go the leneth of a tariff for revenue only, that State ill vote Republican with a whoop and a hur rah from all parties. Is the Republican Congressional mucus, held at Washington last week, Senator FJmunds,of Vermont, the chairman of the caucus, gave it us his opinion that the outlook for the Republican party in 1884, is bet ter at this period of the campaign than it was at any corresponding time in the past fifteen years. The Democratic Senatorial dead lock at Annapolis, Maryland, has been broken by the election of Judge Wilson, of Worcester county, to suc ceed U. S. Senator Groome. The "Faster Shoa" in the erson of Judge Wilon, furnishes an abler man than Grwme, and to that ex tent the country is to be congratu lated. Hox. Hesry B. Payne, the Dem ocratic nominee, was elected U. S. Senator from Ohio to succeed Sena tor Pendleton, on Tuesday of last week. Notwithstanding all the bit ter things said during the canvass, everv Democratic member of the Legislature opened bis mouth and swallowed his dose of oil without a wry face. Mr. Asthosy, the senior member of the U. S. Senate, was last week piloted President pro tern of that bodv, but declined the position on account of his feeble hea'th, where upon Senator Edmunds, of Vermont, was chosen. This is an' important matter, as in case President Arthur should die,there being no Vice Pres ident, Mr. Edmunds would succeed him. Little Fulton, at this date, we believe, the only county in the State without railroad facilities, is aVout emerging into daylight. The South Pennsylvania runs through herbor ders from east to west, and engineers are now surveying a route for a new road from Burnt Cabins, on the South Pennsylvania road to connect with the East Broad Top road in Huntingdon county. Hon. Daniel J. Morrell last week declined a re-electioa as Gen eral Manager of the Cambria Iren Company, at Johnstown, and Mr. Philip E. Chapin, hitherto Superin tendent of the Gautier Department, was chosen o succeed him. The Cambria Iron Company sus tains a severe loss by the withdrawal of Mr. Morrell, to whose cieat ability much of its success is attributable. Gks. Jacob M. CiMrBEi.L was last week selected by his Republican colleagues, as Pennsylvania's repre sentative on the Congressional Cam paign Committee. General Campbell w ill make an acceptable, energetic member, in whom the great manu facturing and mining industries of the country will have an intelligent and active friend, and the entire party an able and conservative rep resentative. Senator Hill, of Georgia; is the most effective distributer of our sur plus revenue yet heard of. His plan is to pat up a United States build ing to every town in the country with one thousand inhabitants and aver. Rraida divine each town a handsome building for a pogtofficj . .,. ... 1 and other public purposes, this1 would effectually dispose of any sur plus we are likely to have for next fifty years. There is nothing wuall about Hill, whea it comes to scattering a troublesome surplus of money. . The pother that is being made by certain eupereervicable papers sad politicians, over the coming Chicago Convention and its probable nomi nees was quietly rebukedby Sena tor Edmonds in his remarks on tak ng the Chair, at the late Republican Conpeeaeional caucus. Said the Senator: "The dutjr of the Chicago Conven will be (fee et lection ef candi- '!. o fit thy.and not an "effort 4 make the party J5t the can didate. - Then there will be co dif "ficulty about the rest of the wooV. "for every member of the party will "thfw all bis teal into toe contest ""and we will have and old time vic-"tory." The whoop with which the Free Traders hailed the election cf Car lisle as Speaker, has now turned into a quaver. The protectionist press of the country at once took up the gauntlet thus defiantly thrown down, and soon the swelling echoes of the cry for "Protection to American In dustry," reverberated throughout the capital. A halt was suddenly called, and now comes the gentle assurance that, a moderate bill will be reported from the committee. For so much thanks. No thanks for the concession, but thanks that a lively sense of,fear has extorted it fear of the result on the coming Presidential election. It is a conces sion begotten of policy, not of con viction. It is a temporary retire ment from the front, of a settled purpose, not an abandonment of it Democratic success at the coming election will re-habilitate it with tea fold the vigor it possessed when it dictated the nomination of a free trade speaker. It is this which pro tectionist must remember, it is against this which they must guard. With a Republicam Senate and Pres ident there is no present fear, but with a return of the Democracy to power, free trade is certain, is inev itable. Deny, it, evade it, disguise it, as the Democrats may and will, it is the fixed purpose of the con trolling element of that party, when ever they obtain the power, to estab lish a tarifl for revenue only. It is on this iesue that the election of this year will mainly turn, and the sooner the people prepare for ft the better. At the Republican delegate elec tions held in Philadelphia a few days since, William 15. Smith was nominatea ior mayor, iucic over thirty thousand votes polled at thiselection, being more than double the number usually cast at the Re publican primaries. Notwithstand ing the fact that Mr. Smith was nearly the unanimous choice f the voters, the Committee of One Hun dred, the wreckers, and the guerilla press have united in the attempt to defeat him and re-elect Mr. King, the present Democratic Mayor. Mr. Smith ability, integrity and purity of character are not denied, and the only charge made against him is that he entered into an active canvass for the nomination. In at tempting to cure some minor evils, and to break up the influence of so called bosses, the Republicans of the city a few years since, constituted this committee of One Hundred, and it now turns ut that, like the frogs in the fable, in removing King Frog they placed in power King Stork, whose greatest delight consists in devouring his own subjects. It matters nothing to this Reform Cummittee that so large a mass of Republicans declared in favor of Mr. Smith, he is not the man they want ed, and therefore these professed Re publicans strike hands with the Democrats to defeat him. This election for officers in the second city of the Union, opening as it does, the campaign for 18S4, is of vast interest, not only to the Repub licans of this State, but of the entire country, and we trust to see the reg ular ticket come out victorious. This self constituted, self righteous One Hundred, who assume righteousness is obtained only through them, need to be taught a lesson, and we will be disappointed if they do not receive it. Reform is a very good thing, and genuine reformers are commendable, but arrogant dictation, be it by one or a hundred bosses, is not to be en dured. GL.KAMXGS. A correspondent of the Cincinnati Commercial Gazettee&ya that the stars and 6tripes are never floated over the State House of South Carolina, but that, when the Legislature is in session, the flag which floats over it is "a tattered rag of dark blue ground, with the representation of a palmetto tree and a rattlesnake coil ed at the bottom." And yet they say they love the old flag. Congressman Price, of Wisconsin, got pretty close to the truth when he told the Chicago tribune that the Democrats are a hypocritical lot of cusses and are not sincere in any thing they go about They wish to create the impression that they are revenue reformers, but at the same time they will be very careful not to antagonize the industrial elements, who representso many votes. Hence, they will try to carry water on both shoulders and satisfy all interests."' Pnt. A novelty in temperance experi ments is that of a rector of a church in Warwickshire, England, who, seven years ago, bought the only tavern in the village and hired a man to manage it Nothing stronger than j beer u sold, and the profits pay the salary of the church organist and leave a considerable sum to be di vided among local charities. He would be a brave minuter who should dare in America to engage in a similar enterprise, ITaf Va vt 1 m a ,n 4nn(jiAfuii j office at Columbus. Ohio, is filled by I a Democrat The only exception in any grade is one member ot the Board of Public Works. From the time of William D. Morgan, elected State A aditor in 1851, there had beenaa unbroken line of Republican Auditors until the election of the Democratic candidate last October. Ttvere had been ups and downs in the other office, but never a clean sweeD on the part of the Democrat un jil now. The Louisiana delegation to Con gress is composed of Democrats to the last man, but it ia solid and stalwart in its apposition to any J Z7 rUZrZZ protection is an excellent thing so far as sugar is concerned, and yet the domestic production of sugar ia ao small compared with the foreign imports, and the article is in such extensive aud necessary use. that it is one ot the things front which if from anything the duty should be removed. But there is a discourag ing amount of selfishness in this world. A suwerserviceable Democrat from Kentucky has introduced a bill to repeal the Civil Service law, and now his xflsrjerated colleasues are mov ing heaven and earth to prevent it from going any further. 1 hey are not willing to put themselves on record upon this question at such an inconveniently and unnecessarily early date. Their feeling is intelli gible, but there is no occasion for their anxiety. It will make no dif ference if they are forced to vote on the Kentucky man's bill. The country knows exactly how they stand, vote or no vote. They-would make short work of civil service re form if they could have their way, The Ohio State Journal does well ia calling attention to the three cognate facta that the Southern re bellion was inaugurated to carry out free trade, that it adopted into its constitution a clause forbidding its government to establish a protective tariff, and that its rebel commission ers in waiting upon Lord John Rus sell told him: "It is not the desire of the South ern Confederacy to perpetuate sla very, but it is their choice and de termination to have free trade with England if possible." And this was supplemented with a statement of what a large amount of cotton England could thus receive in exchange for her manufacturers. It also adds that it was a distin guished rebel soldier who said that the greatest blunder of the Southern members w ho were in Congress at the breaking out of the war was that thev did not. bv the aid of their Northern allies, before leaving their seats to ge into the rebellion, repeal all tariff laws, so that the country would have been left bankrupt and defenseless when treason struck its deadly blow. This was no blunder ; it was mere inability. The Southern members e-f Congress repealed all the tariff laws they had the power U repeal, until in 1S-j7 nearly every duty was scaled down to 25 per cent and the total revenue reaped in the year they went into the rebellion was les than three-fourths of the amount now obtained from 6ugar. Of course they did not then declare that their motive was to paralyze the govern ment in order that they might rebel against it successfully. They talked loudly of "relief," "reliel. nat they "relieved us of was 1,000,000 lives and 89,000.000,000. The pres ent House of Representatives con sists of the lineal intellectual succes sors of those who seceded in 1SG0. It got in by stealth. The country looks upon it with distrust. It has the marks of the teeth of this partic ular dog deeply indented on its shinbone, and it proposes, it lie ia peaceable, to watch him, if he3narls to kick him, and if he biies again to admit that it serves him right for his clemency, but at the same time to shoot the dog. Inter-Ocean. A FilANK. REPLY. Our esteemed contemporary, the Courier Jaumol of Louisville, pro poses the Hon. Joseph E. McDon ald of Indiana, as its candidate for President Listen to its enthusiastic words : "Under McDonald weshall march to victory. We shall have the cour age of our convictions. We shall have a chieftain worthy of Jefferson, Jackson and Tilden. He is an issue in himself, and a man every inch of him. The people will rally to him. The party can trust him." "What say you. brethren ?" We say frankly that Mr. McDon ald cannot carry the State of New 1 ork. N either can he carry Connec ticut ; and with him as the candi date New Jersey would be doubtful. Nevertheless, if the Democracy are to nominate a man for the purpose of getting beaten, McDonald is as good as anybody else. All the probabilities in favor of a Democratic President ia 1884 hare Ween knocked in the head by our friends the free traders. With an impracticable issue respecting the tariff raised into the very highest importance, and with a war cry of a Tarifl for Revenue Only as the slo gan of the canvass, nobody need ask for any better candidate than Mc Donald. But if the Democrats are not bent on suicide, if they have wisdom and resolution enough to repudiate an absurd and impracticable issue, if they mean to hgbt their battle on ground where success is not only possible, but probable, why, then, McDonald will not do at all. He can't carry New York. Xeic York Sun. What Senator Beck Think. Washington, Jan. 1G. Senator Beck says concerning the threats of the protection Democrats, Let them try it on. I believe in making them show their colors, and if they bolt, as they threaten,! believe in driving tliem out of the party. It looks as if these people would rather defeat the Democratic party than reform the tariff. I 6y, let them go and join the Republican party, where thov hplonir " The internal!) of the Democracy are evidently in a com- motion if Beck represents the feeling of the free traders of the party. Shaken by an Earthquake. Wilmington, N. C, Jan. 13. The shock of earthquake was felt ia this city about 8 o'clock this morning. A number of families at breakfast report it as being very perceptible, shaking the crockery on the tables. Telegrams from Fort M icon report that the shock was felt at Beaufort a little earlier at this place. At that point the jar was sufficient te shift a stavepipe from position and un latch a door. CoxToocoog, X. C, Jan. IS. A violent earthquake shocit occurred here about 2 o'clock this morning. It was felt throughout this region. The Sunday laaws In Maaaacbnsetta. Boston, January 16. A decision was rendered in favor of the defen dant, in the United States circuit court to day. in the case of Theodore Ducher un. Chosire Railroad Com pany. The plaintiff was injured while traveling on Sunday, and the court instructed the jury that by the state lav the plantiff could not re cover unless lip showed he was traveling on a mifgee of necessity or charity. HAOK!sr, Pa., Jaa. It. Puring the wedding fastivitea of Miss Annia Zupah and Gustarus Kline fait night a quarrel aroae between Jacob Donjrusky and Anthony Konosky about a dance." Atto hot words 1 Doneuskv whinned out a kniGs and stabbed Konosky in the abdomen, I arm and back, fatally injuring him. NOT GUILTY TRIAL OF JAMES NDTT TIIE ALLEGHEMY COUNTY COURTS FOR THE KILLING OF . N. L DUKES! , PlTTsni'RG, January 14. The tri al of James Nutt for the killing of N. L. Dukes, the slayer of his fatht ;r, commenced this morning in t he Criminal Court before Judge Edw in S. Stowe The large crowd eeekii ig admission to the court room beg in assembling as early as 8 o'clock. While the crowd was awaiting t he opening nf the doors young Nutt was being examined by Dr. Rig gs, j who will probably be called as: a witness during the trial. He decl'in ed to give any expression as to (;be result reached. The Court opened at 10:30 o'clock, after which the names of the jurors; were called. Out of a panel of sixty only sixjfailed to answer, and some of them reported later in the session. During the preliminary arrange ments the crowd was kept waiting outside, but it was now admitted. In five minutes the number was so great that the doors were closed. Nutt was brought in from the jail and took his seat in the dock. He was dressed in a new suit of black ' and looked very pale from bis long confinement The prisoner was arraigned in due form, and in put ting in his plea answered in a firm voice: "Not guilty. Major A. M. Browne, M. Swartz welder and General Blakeley were present as counsel for the defense, while Messrs. I. C. Johnson, ex-District Attorney of Fayette county, and John Boyle, son of Hon. C. E. Boyle, and A. F. Patterson, of Pitts burgh, appeared for the prosecu tion. The work of impanneling thejury then began. David Jenkins was the first kalled. He had read about the case, but the impression such reading had formed would not pre sent him from rendering a verdict in accordance with the law and evidence, He had no scruples against capital punishment. After a protracted discussion he was ac cepted. At 1...0 P. M. fortv jurors had been ex a mined and four accepted. There was no adjournment taken lor din ner. While one juror was being questioned a large bouquet was sent down from the gailery and placed on the table in front of Nutt, Be fore the paper was removed Judge Stowe said: "There must be no more of that If I observe any per son bringing a bouquet into the Court room I will have them com mitted." The bouquet was allowed to remain. At 2 P. M. ten jurors had been accepted and the panel was exhaus ted. The Court then took a recess until 3 o'clock to allow the Sheriff time to summon sufficient talesmen to complete the jury. The Court reconvened at 3 o'clock when thf Sheriff announced that he had procured thirty talesmen, out of which the last two jurors were selec ted before five had been examined. An adjournment was then taken until y.30 o'clock- to morrow mor ning. The jury, as a whole, is considered an excellent one. They are as fine looking a body of men as ever satin judgment on so important a case in Allegheny county. General Blakeley one of the counsel for the defense, said: My work is done. It was my duty te see that a good jury was obtained. A echoolboy could con duct the defense with that jury, and obtain an acquittal." The names of the jury and their occupations are as follows : David J. Enkins. steel worker; J. W. McCulIy, collector; William G. Lee, coal deal er; Thomas Fair, bricklayer ; Thomas Graham, farmer: James Jenkins, engineer; Louis Emanuel, druggist; James Carson Grassel, merchant; Charles Havis, policeman; Robert D. Nicholson, clerk; John A. Mc Gowan, steel smelter. In politics thejurymen are all Republican ex cept Mr. McGowan, a Democrat It has transpired to-night that Charles Grassel, one of the jurors, served in the war with the late Cap tain A. C. Nutt and also on a court martial case with him. This was not known until after he had been accepted. A young lady from Uniontown, an intimate friend of the Nutt fam ily, now attending the trial said to day that she hoped that Jim Nutt would be convicted and sent to the penitentiary, as she fear ed that, in the event of his acquittal, Dukes friends would kill him. Mrs. Nutt and her daughter Liz zie hav6 arrived here, but were not present at the trial to-day. evidence for the prosecution. The second dav of the Nutt trial j made no diminution in the num ber of persons seeking admission. When the Court opened the prisoner was brought in and took a seat be side his counse'. Mrs. Nutt and her daughters were present, closely veil ed. Senator Voorhees was also on hand, and will assist counsel for the defense. John Boyle, Esq., of Fayette coun ty, made the opeuing argument for the prosecution and outlined the case. The first witness, John D. Boyd, testified that he was a civil engineer. He presented plans of the ground where Dukes was killed, and, by permission of the Court, explained the point likely to be brought out in evidence and thus saved time. The plans were closely examined by the jurors. Wallace Mella waa the next wit ness. He was a resident of Union town and an intimate acquaintance of the prisoner. He described the manner of the shooting, and express ed the belief that Nutt fired the fatal shot He told how Dukes was shot, and the appearance of the body when the effects of the bullets were discovered. Thomas S. Bell testified that he witnessed the shooting, and knew Dukes and Nutt He told the story of the killing as already published, and pointed out the localities nec tary to be known in order to make the testimccy intelligible. After the first shot Dukes started to run, closely pursued by Nutt. Officer pegg, of Uniontown, who arrested Kutfc after, he had shet Dukes, said he saw Pukes and $utt Mme around the Post Office corner walking fast r rvnning. Hi heard one shot and saw the flash before he saw Dukes, Nutt following with a revolver in his hand pointing at him. A second shot was fired as Dukes came around the corner, and a third shot as he entered the Post Office. When he arrested Nutt the latter said : "Here, take it, and take me to jail as quickly as you can." After starling to jail Peg said : "Jim, you have killed Dukes and I think anoth er man." "I am sorry for the other man," said Nutt, "but Dukes Icould not help." He gave Pegg another revolver, a self-cocking and very large one, . Ex-Coroner Sturgeon said: "When I arrived the . body of Dukes was lying in the Post Office with three bullet boles in the back. One ball lodged in the heart" He extracted three balls from the body, which were produced and shown to the jurymen. Witness said the bullets no doubt produced death. John Wyatt and Alfred Ansell were also examined, but their testi mony did not materially differ from that of the other witnesses. The; latter said that when Nutt was ar rested he did not struggle, but quiet ly went with the othcers. Henry Meyer testified to seeing Nutt shoot Dukes. The testimony, however, was substantially the same as had been given by those preceding him. Henry Diffenderfer testified that when Nutt was arrested he looked wild with passion. He was colorless and much excited. George Senton, Luke Frazier, Ar- J thur Strickler, Samuel Gold and Charles H. Bierrer supported the other witnesses as to the maimer of the shooting. John Messmore, a little pale-faced boy, said he was f years old. He knew how to read, but did not go to church. He said telling an untruth would send him to the bad place. He was sworn by the Judge himself. He said he remembered the killing of Dukes; on the afienuon of the day of the killing he was at Nutt's house, playing with Willie Jsutt, a boy of his own age. He saw and heard seme shotting dene ; saw Jim Nutt shooting at a board, with his Uncle Steve. The board was against the carriage-house door. They were a short distance away. Some other man the boy did not know was with the uncle and Nutt. They had two pistols. Both men used the same pistol. They shot four or five times and hit the board shot at After toey got through shooting Jnn went into the house and his Uncle Steve went home. Juit before leaving the Uncle, Steve, told Jim not to fail. This was all witness heard. The boy's story was told very straightly and without a break. He was not cross-examined. George Grimes said he owned a strawberry patch opposite Nutt's residence, and on the afternoon of the day Nutt shot Dukes witness heard shooting on the Nutt prop erty. Messrs. Play ford and Swartz welder objected to this evidence, but the Court thought it entirely compe tent Witness said he saw James Nutt, a small boy and a man. James and the man were examining some thing. Anderson Craft also heard shoot ing at Nutt's on the afternoon of the killing of Dukes. Upon going to Nutt's spring for water witness noticed some men and little boys there. Harvey Coburiv heard shooting in the neighborhood of Nutt's stable, and, upon looking up, saw two or three men antl'a little boy. After the men shot they would go forward and examine the effects of the shots. Ex-Sheriff Hooyer said he had a conversation with Nutt in jail the night of the shooting. Nutt asked if there was much excitement and if anybody else was hurt. Witness told him no other person was hurt. Nutt said he was glad of it, as he would have been sorry il any other person but Dukes had been injured. Nutt continued: It had to be done. I did it, and was prepared to do it." The Commonwealth here closed its case, and upon request of counsel for the defense the case will go over until to-morrow. Court was then adjourned. The prosecution agreed to hold the case over provided they were permitted to produce four or five more witnesses, who were not present to-day. During trial the prisoner indulged in an occasional derisive smile as certain witnesses testified regarding young Nutt's pistol practice just prior to Dukes death, lhe cause of the derision was the care taken by the prosecution to prove that there had been no attempt to con ceal Nutt's intention to shoot Dukes. During the afternoon something in the evidence of young men some of wham are James Nutt's friends touched his sister, and for some time she cried quietly. The defense claim to be well sat isfied with the case made out by the 'prosecution, lhe proof of the kill ing is regarded by tnem as more a matter of form than anything else, and the circumstance surrounding the killing they consider they have in as favorable a light as they possi bly courd be. In allowing their witnesses to tell how James Nutt told the police officers that he shot Dukes because he could not help it, the Commonwealth is generally re garded as having mad a great blun der, as they have :hown the exist ence of emotional insanity and un cotitrolahle desire to kill, which will be the line f the defense. The target practice by Nutt on the day Dukes was killed, which was referred to by several witnesses to day, was explained to-night bj' James Wells, an uncle of James Nutt. Mr. Welis says the late Cap tain Nutt always took great interest in markshooting, and that before and after his death a party would gather in the back yard at Nutt's house and indulge in target practice. The words "Don't fail," spoken by Stephen Nutt, had no reference to Dukes. Dr. Ayers, formerly of the Dixmont Insane sylqrn, who examined Nutt last Sunday, says Nutt's mind was undoubtedly unsound. THE PEKEN8E. Pittsburgh, Pa., January 16. A cold crisp atmosphere probably had somo influencein reducing the usual crowd at the opening of the Nutt trial this morning, and the fact that none were admitted without tickets undoubtedly kept away the assem blage that has thronged the hallway and vestibules since the trial began. There waa a larger number of ladies present than heretofore and of per sons in attendance as spectators all ot evidently well-to-do classes. Mrs. Nutt and daughter were early on hand and, ttofupied. their acpus toined seals. Hon. p. W. Vorheea, who was also n bjs place, wU dq the suencning up for the defense. Promptly at U.30 o'clock the Court I opened- Mr. PJayford, for the de I feose, began (n nVoceedings by ou lining their case. He said: "It has truly beeu said that 'Adversity is the test of friendship.' On the al tar of friendship I cast my offering this mornintr. and am her tr Afe.n that boy whose father was rnv friend belore he was killed. Thin, is a re markable case, and it has been con ducted in a remarkable way. We do not dispute or deny th "killing. Has it occurred to the jury that it would be singular if 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 a moving tt-use? Does it not, gentlemen, show that there was an unnatural 'cause an insanity? The Commonwealth, had they so minded, could have shown you that Thev could have shown you that with the terrible disgrace and the scenes that had preceded it, young Nutt knew not at the moment what he was doing, and that we shall prove. We shall show you by the evidence that at the time he did the deed the past wrongs and out rages upon his family had made him unable to control his will. That he was pressed into the commission of the act by a controlling influence that was overpowering is the de fense in this case. An influence that he could not resist is our de claration ot his part in the deed per formed. We will show yon the cir cumstances that preceded the shoot ing, his affectionate nature, love of home, devotion to father, mother and sistere. We will show the deep interest he .had taken in all home projct8, and how, after the murder of his father, that boy was changed ; how he became melancholy and said that his entire life current seem ed changed. But up to the trial of Dukes the boy knew nothing about the terrible letters that Dukes had written casting terrible aspersions upon his sister, bankrupting his family's honor as well as destroying its head. When the boy heard those terrible letters the most damnably horrible that a baman being ever penned his mind gave way; he walked the floor the night long, weeping ; his appetite forsook him; reason was overthrown. Not for fifty years has a ni:in been con victed for slaying his sister's seducer. .and there is no case a parallel to this. No man who had committed such a crime as that of Dukes could go unpunished. Dukes knew it himself. No twelve Indiana would hang a boy for taking in his hands a justice that belonged to him, and you, gentlemen of the jury, will not add to the sister's destruction and the father's murder the inurder of the brother and the orphaned son. We will call Dr. Fuller, the physi cian of the Nutt family, who attend ed the boy from his birth, and lie will testify that he was always deli cate nnd of a nervous temperament. We will show that after the shooting of his father the liability to mental disturbances, hereditary in J:tmes Nutt's family, and which has afflict ed his uncles and aunts, took a strong hold upon him, and so affect ed his reason that he did net pos sess control of himself up to the hour he shot Dukes. We will show that there can be but one verdict that of acquittal." Dr. Smith Fuller, the first witness, testified that he had attended the Nutt family seventeen years, and had treated the defendant several times when t ick ; that he always be lieved him to be mentally deficient and without sound mental attributes, and that he would be inclined to harbor feelings of enmity, which would increase with time, and would probably be a monomaniac on the subject Dr. Fuller further stated that a person of James Nutt's tem perament, mentally brooding upan liia father's death, would unsettle and incapacitate him from mental control over himself. He consider ed him an imbecile not an idiot. Mrs. Nutt was then called and testified: "My husband's name was Allison C. Nutt." At the mention of his father's name the prisoner burst into tears. Continuing. Mrs. Nutt said: " My husband died sud denly at the Jennings House. I have nine children. At the time of my husband's death Jim was at. school in Rochester, New York. He came home immediately. He was a good boy and much attached to his father and myself. I always considered him the reverse of men tally strong, and his father often raid if he died he disliked to leave Jim more than the rest of the child ren, as he wa3 not so able to take care of himself. Excitement greatly affected the boy all through life. j He was accustomed to use a pistol for years, shooting at a mark being his favorite pastime. After his fath er was killed James made a lequest for his pistol and witness gave it to him. Before Dukes' trial he was quite listless and took little interest in anything. After tht acquittal of Dukes he was greatly excited and grew morose. When he heard Dukes' letter, and for a week before the killing of Dukes, defendant often screamed 'murder' at night, waking up all who were in the house. One day he went to the postoflice, and whea he returned he was much aci tated. He walked the floor and fin ally left the raom. Witness follow ed him, and he said : 'Mather, don't you think that villain Dukes had the impudence to look at me and laugh ?" Several other times, when in towu, he would return much ex cited; this was when he would meet Dukes." Mrs. Anna Wells (Mrs. Nutt's mother) was next called. She testi fied to the prisoner's peculiarities. She said : ' He was always sad, and did not mingle with the other child ren. He was very excitable, and after his father's death often walked the floor at night, moaning. Fre quently his mother would tell him to do things and he would forget them. One night I heard him cry 'murder' so loudly as to awaken ev ery one in the house. He told rue that he met Dukes one day and that he looked in his face and grinned I did not notice anything peculiar about him on the aflernoan when he shot Dukes. He came in to change his shoes, and said : 'Grand ma, I am going down to get the mail.' He was very quiet. I neyer saw him after that until to day." Stephen R. Nutt, an uncle of the defendant, said : '"James was always melaneholv, and preferred being by himself, i was visiting my sister in law, Mrs. Nutt, on the 13th of June, and upon going to the stable he discovered that 1 had an English bulldog pistol with rat. I pulled it 1 out and showed it to Jim, and, know ing that he was a good judge of pis tols, having handled them frequent ly, asked him what he thought of it. j hen I started for home 1 do not recollect making the remark. 'Jim, da pot fail.' never anticipated thftt J,iu) intended tq &tioot Dukes; on the contrary, I urged him, to avoid Dukes, for I kney the hoy's djspasitjon. Jim appeared ta ho in esce)ent humor that day." James Wells, Mrs. Nutt's brother, said: "Jimmie lived with me toe largest portion of the time his father was in the .iruiy. He was a quiet bov, but very excitable. I talked with him about his father's death the day the l itter was buried, but he turned away from me and did not appear to want to talk on the sub ject. When Dukes' name was men tioned he would shudder so palpa bly that it was very noticeable to me. At this point the Court adjourned until to-morrow morning. The prisoner was in tears during the greater part of the t;me his mother, grandmother and Uncle Stephen were testifying. FOLLWIXG UP THE LINE OF DEFENSE. Pittsburg, January 17. Six rep utable physicians under oath gave it as their opinian to-day that James Nutt was insane when he killed N. L. Dukes. The Commonwealth at torneys, who had prepared them selves for just such testimony, la bored hard to break it down, but only made the doctors more positive. They certainly carried.the spectators with them and their statement seem ed to make a strong impression on the minds of Judge and jury. This and the absence of Lizzie Nutt from the court room on account of sick ness were .he chief features of the day. THE I'ISTOL PRACTICE EPISODE. James Wells, an uncle of Janoe3 Nutt, the witness last examined yes terday, resumed his seat in the wit ness box and the examination re commenced on behalf of the defense. The witness said : On the afternoon of June 13 1 was in Nutt's stable saddling a horse. I heard shooting and went out and saw Stephen Nutt and James indulg ing in target practice. The latter said : "Uncle James, you shoot." I took the pistol and tried once. Ste phen Nutt tried to shoot with his pistol, and it would not go off, and James said : "Never mind, Uncle Stephen, I will go to the house and get a pistol that will shoot." He then brought a pistol out of the house and we fired at a board with it. Af ter several shots, we started home, laughing and chatting. I did not hear Stephen say; "Now, Jim, don't fail." I don't remember of hearing him say anything. Stephen had an old hull-clog pistol which would not shoot at all. Stephen had been talk ing to James about gardening. I did not hear Jim say anything about Dukes and I never spoke to him on the subject, because Dukes' name used to affect him so much. THE TAINT OK INSANITY. Captain Nutt's father was married twice. By his first wife he had Stephen, Joseph, Jamps and Moses, full brothers of Captain Nutt, and William, George and Jackson, half brothers. Captain Nutt also had a si.ter Mary. She was a full sister. Her mind was affected. A commit tee was appointed by a court to takf charge of her. George Nutt died an imbecile. Janieiand Moses, his full (brothers, were both deaf muUs. There were court proceedings in the case of George Nutt also, he being mentally incompetent Young Jim was peculiar, and when talked to would get excited. He was always a nervous boy. I told Jim that it was said Dukes was following Lizzie, and it excited him, but he did not say anything. I have talked to him about Dukes and told him to keep awny from down town, that it would be best- After Dukes' trial he would shudder when Dukes was named and lost all interest in things, and thpy could not stir him up. CLARK BRECKENRIDCE ON THE STAND. Mr. Breckenridge. cashier of the Peoples Bank of Uniontown, told the story of Captain Nutt's death. After Dukes' trial Captain Nutt's pistol, which witness had taken from the deceased, went into tn posses sion gf Mr. Boyd. Witness was ad ministrator of the Nutt estate, and one day young Nutt came to his office and stated that his methor had said that he could have his father's revolver. Witness told him that he would like to keep it, but young Nutt said : "No, I would like to have my father's pistol," so witness sent him to Mr. Boyd's office and the latter took it from his safe and gave it to him. James was in the habit of carrying a revolver. He came for the revolver about three weeks after the acquittal of Dukes. The prosecution attempted to show that Captain Nutt had gone to the Jennings House with felonious intent, but the defense objected and the Court sustained them, ruling that the Captain Nutt case could not be tried over again. '"The witness, continuing, said : "I have seen . him shooting and once shot at a mark with him." YOUNG NUTT3 MENTAL DISTRACTION. James Junk, another uncle, said that Jim would sit with his face in his hands for hours, rsrely saying anything. Sometimes he would commence speaking, then get up and walkaway without finishing. Wit ness ate dinner at Nutt's house on the day of the shooting and was with the prisoner four or five hours. The prisoner did not talk much and seemed more reserved than usual. Vitne93 remarked the change to his wife, but said nothing to Mrs. Nutt. Dr. Sturgeon was next called, but was ubsent, and the prosecution suc cessfully resisted the motion to have the testimony of this witness read, to bliow that at the time of the shooting Dukes was armed with a revolver and bowie-knife. At the afternoon session Leonora Philips, school teacher, saii James Nutt was one of her pupils in 1879 and 'SO ; that he was slow at learn ing and that when he stopped school he did not show much improve ment She said he was a good hoy and tried hard to learn. "James Nutt's mental capacity was much lower than that of the other chil dren." DOCTORS TESTIFYING IfOH THE DE FENSE. Medical expert testimony was then called. Dr. A. M. Pollock, the first witness, said he felt competent to give testimony as an expert in cases of mental difficulties. A hy pothetical case was put to the doctor by Mr. Swartz welder, embracing all the points in James Nutt's case, con stituting a synopsis of what had been offered in relation to his men tal incaj acity. ''Assuming all these points to be true' said Mr. Swartz welder, " what is your idea of the mental condition of Nutt's mind at the time of the firing of the pistol ?" Dr. I'ohock replied: A person with the ancestry cited would be al most certain to inherit insanity. I should think the pf;uu under the condition cited would be insane." The prosecution detailed, the ac tions, of young Nuttfrora the time he left home until he killed Dukes and asked the doctor if he woul.l judge Nutt to, have been ojf aauncj mind at the time. ''Such actions,"' replied Dr. Pol lock, would not be incompatible RED LETTERSALi OVERCOATS! There is now in progress at our store a great S' Sale Of Overcoats. We want to dispose of 11$'- Before the Season Ends, and have reduced our prices from 10 to 20 )Cv Some Overcoats will be selling at Cf' Less Money Than They Cost. The object is to get rid of our Winter Stock to make foa other goods. r Those requiring Overcoats will get real genuine har v Calling On XJs. This is no humbug sale. left on the sroods and the marked in red ink underneath, everything is straightlorward. YOU WILL MISS IT If you fail to visit us before making your purchases. L. M. WOOLP 77? One-Price Clothier, Hatter, r;VT. TSTE-W STORE, J olmstown, Pa, with the idea of insanity advanced if during the day and up to the mo ment of the killing there was no manifestation of unsoundness of mind. After killing Dukes Nutt asked to be taken to jail. Basin; my answer upon the hypothetical ques tion I would say the act was that of an insane mind." Dr. Ewing, a practicing physician for eighteen years and an attendant at the Dixmont Insane Asylum, an swered the hypothetical question by saying: '"The probabilities are strongly in favor of unsoundness of mind at the time the act was com fitted. A predisposition to insani ty being presented, I would say that an overt act was the outgrowth of it." Mr. Daly, a physician of twenty years experience, said he was not much of a beliover in inherited in sanity, although he believed it did exist Assuming the hypothetical case to be true, there is, tee said, a strong probability that the killing was the result of an insane impulse. Dr. Wylie, Of the Dixmont Assy lum, said tbat in his opinion, when James Nutt fired the shot he was laboring under an irresistable iin pnlse. Dr Riggs, who had handled many cases of mental disease during his career, consider James Nutt of un sound mind at the time he commit ted the act Dr. Smith Fuller heard the hy pothetical question and gave the opinion that Nutt wan laboring un der a delusion or was a monamaniac; that he felt compelled to take the life of Dukes. -I think." said he, "that James had made up his mind to take Dukes' life. The murder of his father and the traducing of his sister had created this desire until it had became a dominant desire with him. He was crafty and all ma niacs are crafty. His condition was due to an hereditary taint. The act sprang from the mania that wa3 pos sessing him at the time and not from the opportunity. I have no doubt that he designed and contemplated the killing of Dukes for a long time.'' The court adjourned. THE DEFENSE ALL IN. Pittsburg, January 13. This morning w9 the most exciting and dramatic period in the Nutt trial. The testimony of the various ex perts was crisp and very definite, and the testimony in each instance as the hypothetical case was given to the witnessing physician that James Nutt was insane when he shot Dukes had a very visible effect not onlv on me jury, but the audience. A - . . j portentous hum preceded the offer ing of the three fatal li tters in evi dence ly the defense. The vfllow and much-fingered documents lay in iue nanus 01 iJounse or P .iirtm-.l with a mysterious. awe-insiirin. look. " Mr. Playford. with the in hand, squared himself before the twelve, and in slow, distinct accent proceeded to unfold the mvsteries of the pages he hld. As Duies' tut letter was read, with its hirlemw charges aud vile criminal suggestions the expression of the jurors changed ,,uiu -u3iu3uj inuignauon. As cool, cold, heartless sentence after sentenee dropped from Playford's lips all faces wore an anxious look of indignation and disgust while none stirred. It was like ' digi;ins the bones of dead men from "their graves and flaunting their rotten cerements in the face of the living. nie eviuence presented by the proseeuuon, in rebuttal had ex.-tlvi tne opposite eBect of what was in tended. The witnesses could not have been examined in advance, for with one accord they testified to va rious peculiarities of young Nutt His counsel ruhbH fh;, gleefully as one after another of the voiuiuouweaun s standbys t-trength-ened the theory of irresponsibility. Nutt smiled broadly and frequently. The spectators laughed outright, and Judge Stowe covered his face with his hands a number of times, in a suspicious manner. Mr. Brown then aroseand address ed the court saying that letters would now be reid of a character improper for ladies to hear, and asked that the ladies retire. An in ryaI,wa3 gen for tha purpose, , -ter3 that have Kvn the Uukes-Nutt case such fearful ptomi. nence were then produced by the defense. Senator Voorhees spoke the Court and; then called James up. ana be was. led from thecaurt room it being evident that he eould not stand the re&diag of 4h documents. X he letters were then read. HEADY FOR THE SPEECHES. Interesting as the Nutt trial ha been from its inception, the scene OIF1 1 i $ The old tickets and old j)r;r,.. new and creatlv rednf.,i . so that the simplest ran i STREET, of Saturday were, it anything j exciting than any of those thl;""-" preceded them. There wa. r, particularly sensational or. star', the con! bluff made tv Mr. S-i,'-welder coming clwsest'to a p.?.-' under this head, hut from t:je . ment Court convened ari l t time it adjourned ths spec' were kept in a constant i e:;:;:,' endeavoring to g-t over oi.e - ;r before another would he ti.ro.v' on them. Al! the iTii.cjj:, V present, Mis Nut;, who kid ered from her iiidi.-positiun. as during theeurlier parUi tu:r on her mother's riuht hand i prisoner locked worn and di-t:- although he had slept fairlv i the night before. During ti.e'c part of the session there was c..;, arable to excite the laughter 0; ::' spectators and the tipstaves, had ; end of trouble U maintain o::--When Mr. Patterson called an::;,, over to him and talked to l.::u f.,. . 1 . iuic ij niis permuted 10 pi tin :: stand there was an intereiar.. knowing looks and mare than whispered comment that the 1-a in the Commonwealth's !i-L: i. decided upon knowing wh.it ,r:. ammunition had been pn-parrd his use. In less than an hour i: half the testimony in rebutuii L been finished and the lamx : weuuu was uone. me (lefcaw u fered no sur-rebuttal ; presume uccause iney uia not neea 1;. then too it would have been ali as hard to have discussed than:. mony in rebuttal a.s it would h leen for Dr. Kirker to teii what : thought of moral insanity, when ; didn't believe it had an ixi-tea.e SEVEJI ACCEPTED, OXE RKJKiT.I. Of the eight points at law salmi: ted by the defense, but on w.is jected by the Court. It was : "It . not necessary that the proof ot ;; insanity should be conclusive tor-j move the doubt. li the evii! creates a reasonable dou'.t ot tin ti fendant's sanity at the ti ne 01 :':. killing, such a doubt is the pmiH-r:- of the defendant, and slioull seer ) his acquittal.-' Judne Stowe said that if tle 'i fense meant that the Commonwei must establish the fact of tiie it;: oners sanity beyond a ryusor.u doubt, that he would concur. Ji had ruled in the Ortwein case.au the Supreme Court had su-tair-him, that the evidence of in.-.n ; ' need not be established beyor.i resonabltt doubt, but not that Commonwealth is bound toestaMi-l his sanitv bevond a r?.isn.i';'i' doubt. Major Brown thought t!i- n'i ; of the Supreme Curt abs-ird. '' ing hot and cold in a br-'ath. H was proceeding to amue the p -when Judge Stow interriu.ted h:"' "M-i-s-t-e-r Crown, "said" hi H ' or, and every letter in the miv"' seemed to dance before the ev- - a:. : burrow into the rirs. "thm- i- " use t ) arue t.'ie point. It the r; prtMue Court has settled it in ti State the evidence of insanity x:-' fairly preponderate. If the Si:pre: Court had not so decided I wM'1 until reversed." There was no further d:setis:. on the law points. The others w'f admitted, ind the none to offer. prosecution TO-DAY'S PROGRAMME. This morning Conrt will open a; '.) o'clock, an hour earlier tli.ni ur.i-; on Monday mornings, and a hour earlier than on oth-r d.' There will be nothing but sneevh Mr. Johnson will open for ifse i0"'' mon wealth and will speak. ir hour and a half. He will f"'l ' i d by Major Brown for tli d- t'1 ! Tho wiil -take UP the vl the morning session. There w;o a recess of an hour and then Con' will open for a sitting of four and mora. The first two hour 1 be the property of Senato: Voiheef and his speech will probably c,r tain matter that few people exp-'1 t' hear. .Mr. Patterson w him and will have two hours which to make theCoiai!-1'1""4 position plain to th iv- rtit Judge- Stowe wilt charge the W they will retire, and the- waiting K the verdict, the lieaviest cross oi V trial, will begiu. At PJ o'clock this, Tuesday, ing a telegram was received n nouncing that the jury ia he u" case had just come it. Court '-3 a verdict of NOT GUILTY. The verdict, although expectrd, w5 : cei-sod wilh rejoicing and mark1 jt annrobation on al) sides
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