Butler citizen. (Butler, Pa.) 1877-1922, January 23, 1884, Image 1

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    VOL. XXL
Egtate ot John Cwoper. Dw'd.
lATEor wmrinn twr., BCTi*m CO.. PA.,
Letters testau-entary on the above ear at*
bavin? been granted to ibe und»-r.
figoed, *ll perron* knowing themselves in
debted to said estate will pl«ase make lir medi
ate payment and any bavin* claims against
said estate will present tbeu. duly authenticated
for settlement.
Decry P. 0., Butler county, Fa.
EKtafe ol Win. Park, Sr.
Letter* teetimentsrv In the eftat* of Wm.
FarV, dee d . late of township. Butler
coontv, Pa., ha vug been granted to tbe under
signed all person* knowing themeelven indebted
to eaid estate wli ples®e make immediate pay
ment, aud an j having clsinte uaid »-tate
will yrteeiit them duly authentic*ted for eet.le
WILLI i* Pabk, Jr. a KITS.
jAltea t'ARX I
Baksrstown P. 0., Allegheny Co., Pa,
Estate at Mmuel Yonnf,
LATB or wASHiseTo* m.. DEC'd.
Letters ot administration on tbe estate ol
gamael Young, dec'd, late ot Washington tw;.
Butler couaiy, Pa.. having been granted to the
undersigned, all per-onh knowing their.,, res
indebted to said e*tate will please m ke imme
diate payment ana any having claims Against
said estate will present tDem duly aatbenti
cated for settlement,
8. C. Administrator.
North Hoye P.Butler county. Pa.
Eh I ale of Jo tin O 1 nil. Uec'd.
Letters of aduiinlst ration on the estate of John
Conn, dec'd, late of ashinglon township, Butler
county. Pa., having been granted to the under
signed. all person* knowing themselves Indebted
to said estate will please make immediate pay
ment and all having claims against said estate
will present them duly authenticated for settle
ment S. C. HUTCHISON, Adiu r.
Notth Hope. I'. 0., Butler Co., Fa.
Nov. 10,18*3.
Executors' Male.
By "Virtue ol the provision# of tbe will of »'ll
liara Thompson, dee'd, lat» ol Middlesex twu.,
fuller county, Fa., the undersigned, bis Kiecu
lors, ofler for sale part of the farm ol' ►aid Wil
liam Ihompson, located in Middleeex twp.
fuller conuty, P.i, one mile west of tbe Butler
•tid Pittsburgh Plank Koad, aud four miles
east Of th* F,.\ W Kail road,containing FIFTY
KINE AND ONE-HALF (59>f) A'jßEa, one
hall cleared and in good cultivation, the balance
veil timbered and ail u der fence, is conveuieat
to schools and churches, sad U well wateieo.
For further information Inquire of on the farm
or address,
W. 8. Thompboii, I
W. ». Iho*l-.O*,[ Electors.
Olade Mill P. 0., Butler, Co., Pa.
Ktlale at Marah Mi Her.
(UtT* or CLAT twr„ BUTLER CO., t>KC'»)
Letters of aduilnUtratlon on the above
Bamed eatate baring been granted to the un
dersigned, ail persou* kuowitg themselves in
debted to aaid estate will please make imme
dtate payment and any having claims against
•aid estate will present them duly smhentToated
for settlement.
HENKT MILLER, Administrator,
Coultenvllle P. 0,, Butler Co , Pa.
8. F. Bowsxr, Au y.
Admiat»trator' , i» Sollee.
Whereas letters of adminislration de bonus
son In tbe estate of D. Moore, dee'd, bare been
Issued to me by tbe Register ot the probate of
wills for Butler county. This is to give notice
to sllpartles indebted to said estate to call and
settle, and all persons having claims against tbe
sstne will present them duly prolmted for pay
ment. 8. F BOWBER. Arttu'r of
1> Moore, dec'J, Butler, Pa.
Estate af Ebeneirr Chrlaly,
(LATK or washisoto* TWP.. bctlzk 00., PA.)
Letters of administration h«ving been grant
ed to the undenufaed on the estate ef Kljenezer
Chriety, late of Washington twp., Bntler ooun
ty, Pa., notiee is hereby given lo all parties
knowing themselvee indebted to said estate to
make immediate payment and any baring claims
against said estate will present tbem dnly
authenticated for pavmeut
Mas. Jasc CHRISTY, I
O. W. Ohumtt. f Adm "•
North Hop*, Bailer county. Pa
The lime fixed by tbe fViort for bearing other
basiness than trial by Jniy: such as applica
tions for license to sell Liquors, and objections
thereto by evidence, petition, remountranoe or
Counsel, will be heard Friday. March 7tb, ISH4
Objectors desiring subpoena for witnenres
must file exceptions.
Bottler*'license must be applied for as in
other cases to the Court. Uv THE COCBT.
Butucb Coitbtt m: Certified from the Re
cord this 11th dav of Juitiary, 1894.
W. t DODDS, Clerk.
The 'indersigned ofler* for sale his fine f.irm
situate in Franklin towinlilp, Hutler eoiintv. Fa.,
about two miles east of tlie borough of l'ro*|>ert,
and containing
more or less, of good tilluble ground, having
erected Ihereon two frame dwellings, and all
necessary out buildings. two springs of never
falling water, two orchards, farm In g<>od repair,
etc. Convenient to schools, churches, postofllce,
lio*7-tC Prospect, Hutler Pa.
If Acres of land, with large two-story brick
boose and large barn thereon erected. Oood
orchard; situated in Butler twp , Butler county,
P»., adjoining Butler borough on the sontb, will
be sold cheap and on ca«y terms. For particu
lars luqnire of Lev MrQuUtion. Esq.. Butler, Pa.
35 acres of hod in of Prospect.
flood orchard, hp mg and well. 11 not sold by
first of February will be lor lent. Knqtlire of
jan'Mt Butler, Fa
n »» V »\ \Jour large in page pa-
Wtx-r, filled with charming serials, stories, cnolce
rulscHiany, etc.. is sent a nww. o* tbiai. for*
cents ; and we send KVKKV subscriber KKKfc our
Hew HOLIDAY PACKAGE, consisting of lo nieces
popular music, to Interesting games, i pack of age
and fortune-telling cards, l pack -Hold to Light"
cards. I pack fun L flirtation cards. 1 set chromo
cards, 13 new tricks in magic iurw pnz/les. game
of fortune, the mystic oracle. T< wavs to get rich.
Heller's wonderful delusion cards, etc. etc. ENO
paper for stamp.
Augusta, Me. Jaaa-imo.
The subscriber continues the making of bricks
common, pavement, bay window aud other uuaj-
Itles at his kiln on the Fair '.round road, half a
,a .'i*V. °f Hutler He will keep on hand a lot
of bricks at all times. He will also make and bum
brick in th«* country for anyone fl#**iiliiK to ii»v«
them mail** on tliHr own fann or
As he Intends carrying on the brtek making
business, he invites the custom of all, promising
to give entire satisfaction to all who may patron
ize him.
All orders promptly filled at reasonable rates.
Call on or address.
mart*- *! Bui Itr Pa.
Pnre Bred llolMieln Niorb.
The uiuArsigned have purchased from the
Powell Bros, a j-ure l>red Holstein ball, one and
a half years old and weighs mc pounda, which
can be aeen st t!ie farm of John Weber, in Penn
township, at any time. Terms. *4 cash or #6
chaiged. J. A Patbtkb.
Bricklayer and Contractor.
Estimates given on noutract work. Resi
dence, Washington street, north end, Boiler,
Pb. JaaiUj.
I nature's greatest reme.ls", the only
that hannonuea with the advanced
binm of our modern Physiologists,
> claim th*t no medicine can baveany
. bencfif i«I efftxt on disease unless
early coincides with the tii medico
ruituri a;id n : <ii it in curing the di§-
;. It is conceded that so far PFRI N'A
he only remedy that fills this exact
■ 3|
B Con«nHiptlonj_NeiiraN
) «la, W
■ ruaes ef the Stomneh.
j llterj^RldnfTJ^Jf^rt
organs are the birth-places of all
•asea, hence, by putting these in a
lthy condition and keeping them ao,
liseawt must p*=s au ay. Fur "The
of Life," a boo It evtrv man, woman
I child should read, a->k y..ur drurelst
.ddresaS. B. Hartmnn <4: Co., Colum
, Ohio, and get one gratia. So. 2.
Cures Constipation and Pile*.
Msl per Bottle. Blx Bottles $5.
The only known tptcijle for Epileptic Fits.-®a
ogr Also for Spasms and Falling Sickness.
Nervous Weakness quickly relieved and cured.
Equalled by none in delirium of fever."s*
(rerms of disean and sickness.
Cure* ugly blotches and stubborn blood aores.
Cleanses blood, quickens slngtjUh circulation. •
Eliminates Boils, Carbuncles and Scalds."**
fy Permanently and promptly cures paralysis.
Yes, It is a charming and liei.lthfnl Aperient.
Kills Scrofula and Kings Evil, twin brothers.
Changes bad breath to good, removing caune.
fyKonts biliousness and clears complexion.
Charming resolvent and matchless laxative.tsk
It drivea Sick Headache like the wind."**
Contains no drastic cathartic or opiates.
Promptly cures Rheumatism by routing it."s#
Restores llfe-glvlng properties to the blood.-*#
Is guaranteed to cure all nervou- disorders.
when all opiates fa!l.-»®
Kefreshes the mind and Invlp-orites the body.
Cores fiyspepsla or money refunded."SA
Leading physicians in U. S. and Europe.
Leading clergymen In V. S. and Europe.
Diseases of the blood own it a conqw ror.'S*
Foraaleby all leading druggist*. $1.50. ~&A
The Dr. 8. A. Richmond Medical Co., J'ropt.,
»t. Joseph, Mo. (2)
Cbai. N. Crittenton, Aeent, New York City.
From theuo source* arise Uirec fourths of
the disease* of Uic liUlUUll nice, These
symptoms indicate Uwruutenie: L»>< ul ,
Apprtlte, llawrN costive, Mick fiend*
acht, fullness nltr< i-atniKi aversion to
eaertlou of body or mind, llructatlon
of food, Irritability of Irmiitr, I.ow
spirits, A '•'H'lK of hsvlng urnlrctrd
soma dnly, IHmlkcm, Klutte ring at the
Heart, Hot* beiore Hie rye*, highly col*
ored (Jrlnr, < «\* I IPATIO.V, und de
mand the use of » remedy tlint arts directly
on the l.lrer. ASaUver medicine TI'TT'M
P11.1.h baranoaqnl. TMrnotiononthe
Kidneys and Skin mal-io prompt; removing
all Impurities through those three "«av
• ngrra of the system," pioduclnff uppe
tit*, souiid digestion, regular stools, a clear
skin anil a vigorous bO'H . TCTT'N PIM.K
cause no nausea or griping nor interfere
with dillv work and are u perfect
nr FEEI.it UKE A !».«' MAW.
"I b ivo had Dyspepsia, with Constipa
tion, two years,und have tried ten different
kinds of pills, and TITT'S are the first
that have (lone me any good. They have
cleaned me Out, nicely. My appetite la
splendid, fo d digests readily, ami I now
have natural passages. I fei l Ilk a new
man." W. I). EDWARDS, Palmyra, O.
f olilerorywlin ,j.v, Murray 81., N.Y.
•tnntly toiiGLofßT KLAIK L<V A single up.
plieatlo'i nf llils I>VI. Sold ov litu^glsls,
or scut by < xpress on r< eeipt of I.
Office, 4t Mnriav Stre.-T, New York.
Butler's New Departure
For Pianos, Organs, Violins and other Muai
cal Instruments, call at tbe
•Kleber Bros. & Stauffer,
Main .Street, liutler, Pa.
Hheet Music and Music liooks alwiys on hand,
or furnished to order. Orders f'.r Piano and
Organ tuning and repairing promptly attended
to by John Is. Eyth of Pittsburgh, Pa.
Nov. 14, 'K\ 3m.
Hard Wood Furniture
lor sale at extremely low figure*, A great
variety of Weds, Tables, Cliiirs, Children*'
Chairs, Ladies' Rockers, Krlra ileavy frm
Rockers, Marble and Wood Top Parlor Tables
Hurealis, rtlauds. Double and Hingle l,ounge*,
Hprlnc Mattresses, Ac., Air , at
North Main Nlmt,
B UTLER, 1 J A..,
llcctlon ,\ol !<•<».
The annual meeting of the members of the
Farmers'and Breeders' Mutual l,ive Hlock
Insurance Association of the I'mted Htates,
will be held at olflee of Secretary in liutler,
Pa., on the last Tuesday (2!»th 'lay) of .Jan
uary, IMM, at 10 o'clock A. M ,at which time
officers to serve for the ensuing year will be
Jno. E. BYF.RH, Sec'y.
Union Woolen Mills.
I would desire lo call the attention of the
public to the Union Woolen Mill, Butler, Pa.,
where I have new and improved machinery for
th* manufacture of
Barred and Oray Flannels,
Knitting ard Weaving Yarnn,
and I ean recommend them as being very dura-
Ma, an they are manufactured of pure lJutlei
oounty wool. They are beautiful m color, su
perior ui texture, and will bo sold at very lo*
pnoen. For sample* and prices, address.
jolM. 7<t-ly Butler. Pa
The Question of Emotional Insan
ity Discussed at Great Length
—The Killing of Dukes Justi
fied by Nutt's Counsel.
PITTSBURGH, Jan. 15, 1884.—Court
opened promptly at 9:30 o'clock. The
jury wa- called, and each member re
sponded promptly, tbe effects of the
trial being not yet observable in the
countenances or deportment of the
Mr. Plavford, fur the defense, open
ed proceedings bv addressing the jury
as follows :
I "It has been truly said that prosper
ity is the test of friends and bad fur
tune is the furnace in which they
are tried Ou the altar of
friend-hip I cast my offering
this morning, and I am here to defend
that boy whose father was my friend
before he was killed This is a remark
able case, and it has been conducted in
a remarkable way. We do not dispute
or deny tbe 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 tact that a citi
zen was shot down in tbe quiet of the
evening without a warning cause?
Does it not, gentlemen, show that
there was an unnatural cause, an xnzan
ity ? Tbe Commonwealth, had they
co minded, could have shown you that.
This case has had a fearful beginning.
Tbe Commonwealth could have shown
you that v>ith the terrible disgrace, and
the scenes that had preceded, young
Nutt kuew not at the moment what he
was doing. And that we shall prove
to you. We shall show you by evi
dence, that at the time be did the deed,
the past wrongs and outrages upon bis
family had made him unable to control
his will. Tnat be was pressed into tbe
commission of that act by a controlling
influence and overpowering, is the de
fense in this case. An inflence that he
could not resist, is our declaration of
his part in the deed performed.
.We will show you in tbe course of
our investigation tbe circumstances
that preceded this shooting. We will
show yon his affectionate nature, bis
love of home, his devotion to his father
and his mother aud sisters. We will
show what an interest he took in the
farm and his father's and the family
affairs. The deep interest and love be
bad for all home projects. Then we
will show you bow that boy was
changed by tbe murder of his father.
How he became lonely, melancholy
and sad. His entire life's current seem
ed changed. Hut up to the trial of
Lvman Dukes for killing Mr. •Nutt,
young James knew nothing about tho
terrible letters that Dukes had written,
casting horrible aspersions upon bis
sister, bankrupting the family's honor,
as well as destroying its head. When
the boy heard those terrible letters, the
most damnably horrible that human
hand has ever penned or human
thoughts devised, letters which will be
read here in evidence to show you,
when be beard those letters ruining his
sister, aud forever casting a stigma up
on all his little sisters, his mind gave
way. That we will show you. He
walked the floor nights long, spent in
weeping. His appetite forsook him.
Reason was overthrown. All this we
willlhow you. Gentlemen of tbe jury,
I say that nut in fifty years has a man
been convicted for slaying the man who
bad seduced his wife or sisteh Not in
fifty years, even in cases where strong
men did the deed. Even Daniel K.
Sickles, whose wife had been debauch
ed, a man strong in mentality, was ac
quitted. But there is no case paral el
to this present one in the annals of our
country, Not only did this man Dukes
seduce this boy's sister, as has been ad
mitted, but he also added to hi* damn
able deed by killing that sister's fat her.
Years ago a man numed Carter, who
had seduced tbe wife of a man ijained
Smith, previoua to Smith's marriage to
her, was shot by Smith That case
was tried by Judge Allison, and Alli
son allowed evidence to be produced
that Washington Smith's mind bad
been so affected by discovering his
wife's seduction that h« was not re
sponsible and accordingly acquitted
him. Now if a Judge could adiuitevi
deuca in a case like that to prove men
tal derangement, bow more rapidly
should it be admitted in a case like this
wben tbe sister was seduced and the
father murdered.
No man who committed such a crime
as Dukes should go unpunished
Dukes kuew that He knew there was
the hand of fate awaiting hirn. We
shall show you by the best medical
authority that there is insanity pro
duced by grief and outrage, and that
those causes can dethrone reason and
render the sufferer irresponsible. No
twelve Indians would hang a boy for
taking in his hands a justice that be
longed to him. And you, gentlemen,
of the jury, will not add to a sister's
destruction and a father's murder, the
murder of a brother and an orphaned
son. The test of right and wrong does
not pre vad in a case of this kind We
do not claim that James Null did not
know what he was doing; but we do
claim that his disordered mind no
longer had a control upon his actions.
The test of right and wrong is not to
be taken into consideration in this in
stance "
liy Patterson—"We admit that."
Mr. Plavford continuing, "We will
call Dr. Fuller the physician of the
Nutt family, who has attended the boy
from his birth, and will testify that he
was always delicate aud of a nervous
temperament We will show that af
ter the shooting of his father the liabil
ity to mental disturbances that is he
reditary in James Nutt's family, and
which has afflicted his uncles and his
aunt, took strong hold upon him, and
affected his reason so lhat he did not
poswHH a control of biniHelf up to the
hour 1 • nbot I>uk«H. Meeting I)uk»-K
day nfi«T day, after Dukt-H' Htrangu ac
quittal, neeing him Hiieer in bin lace,
ltcliug Lis tttuuta, drove Liu distracted.
! I gay, gentlemen of the jury, the shoot
ing of Dukes wss the hand of fate It
was society's redress fur the great
wrong it had suffered, and those bul
lets, which sped so accurately, uatil a
single band could cover the spat of
their destiny, were directed by some
other than human agency. We will
show you that the pistol practice with
his uncles, that has been cited by the
Commonwealth, was done with an old
horse pistol, and has no connection or
importance in this case. The pistol
with which Nutt took away-Dukes'
life has a history. That pistol was the
pistol that Captain Nutt carried while
he was cashier of the Stale Treasury,
and was the same pistol found on his
porson after he had been murdered by
Dukes. We will show to you all this
and prove to you that there can be but
one verdict in thi3 case, aud that will
lie one ot acquittal. And so I submit
tbe case to you."
Dr. Smith Fuller, the family physi
cian of the Nutts, was the first witness
called by tbe defense.
By Mr. Brown—Where do you re
side, Dr. Fuller ?
Dr. Fuller—At Uniontown. I have
attended tbe Nutt family for seventeen
years. Have known the defendant,
James Nutt, for that time. I have
treated him when sick several times,
and my acquaintance with him reaches
to tbe present time.
Mr. Brown} —State whether you
think James Nutt mentally deficient?
Objected to by the prosecution.
The Court overruled the objection
and decided that a family physician can
give testimony as to the mental capac
ity and characteristics of tbe family
members treated by him.
Mr Brown—What is your opinion
of James Nutt's mental capacity ?
Doctor—l have always believed him
to be mentally deficient and without
sound mental attributes.
Brown—Would he be inclined to
harbor feelings of enmity for a long
time ?
Doctor—He would.
Brown vv ould it increase ?
Doctor—lt would.
Brown—Would he become a mono
maniac on the subject of avenging his
father's death ?
Doctor—He would probably become
a monomaniac.
Brown—Are weak minded people
predisposed to monomania?
Doctor—They are, sir.
Tbe doctor further stated that in a
person of James Nutt's mentality tbe
brooding upon his father'sdeath would
unsettle his mind and so incapacitate
him for a mental control over himself
Cross-examined—For what have you
treated James Nutt?
Doctor—For a broken limb, heart
disease and other things
Prosecution—What reason have you
to think him imbecile ?
Doctor—tie was a slow thinker, not
logical in bis thoughts. His thoughts
were disconnected He made replies
slowly. 11 is general nature and phys
iognomy made me think so. He was
difficult to engage in conversation, and
gave evidence of a lack of mental ca
pacity. He was weak minded. It
was not idiocy. I believe there are
two classes—imbeciles and idiots. I
would class him as an imbecile, bnt
not as au idiot.
The admittance of this testimony by
the Court destroyed tbe prosecution's
attempt to rule out this line of defense
of emotional insanity, and gavo the
field clear to the defense.
Doctor—His father told me that he
hoped to get James into some garden
ing or something of that sort, as he
felt that James was not capacitated for
ordinary business.
Mrs. Nutt was next callled and
By counsel for the defense—"Mrs.
Nutt, please raise your veil." The re
quest was complied with. "Who was
your husband?"
Mrs Nutt—Adam C. Nutt.
At the mention of the name by his
mother James Nutt commenced cryiug
and bit his fingers nervously.
Mrs. Nutt—under question by coun
sel—stated that her husband hail died
suddenly at the Jennings Hotel, IJnion
Defense—How many children have
Mrs. N.—Nine. The youngest is
four years of age; the second a boy ot
six; the third a girl of eight; the fourth
a girl ol ten; the next a boy of twelve:
then a boy of sixteen, then James,
twenty-one years, and then Lizzie,
who is the oldest.
Defense—Where was James at the
time of bis father's death?
Mrs. N —At Rochester, N. Y., at
tending school. He immediately came
home at the time of his father's death.
Mrs. Nutt testified that her husband
previous to the war taught school, and
that after he returned from the army
they removed to Uniontown, where be
engaged in the law business, antl was
also employed in a bank. That the
family lived in Uniontown about fif
teen years, and then removed to South
Union, where they now reside.
Defense—Was James a good boy?
Mrs N.—Yes, sir; lit; was U good
boy. Ho was greatly uttuched to his
father. There wan more than ordinary
ft flection between James and myself
He was a very quiet boy, and not at
all talkative. When home he attend
ed to the garden and worked around
the house. We have about eleven
aeres in the place. He took ><reat
pride in the garden and wot king around
the yard. lie did not go to school
much. He was not an apt scholar and
did not make much progress.
Defense—Was .lames mentally
strong or the reverse?
Answer—The reverse.
Defense—Was that noticed and
commented upon before lus father's
Answer—lt was. Before his father's
death he told me he would have to
leave Jaines more when he died than
the other children, as Jumea was not
as able to take care of himself as the
Dufeusfa here usked Mra. Nutt to
state the general mental condition of
her son.
The prosecution objected and cited
cases, supporting the objection, from
the Supreme Court.
Judge Stowe ruled that as the cita
tion referred to a mental condition su
perinduced by drunkenness, it was not
pertinent to tbe present case. That
the present instance was to show the
jury the mental condition of young
Nutt both previous to and at the com
mission of the deed, and overruled the
objection, by so doing admitting all
testimony on James Nutt's mentality.
Defense—What I want to know,
Mrs. Nutt, was James of such mental
capacity that excitement would affect
him much?
Answer—lt would greatly affect
Defense—Did you notice this long?
Answer—All through his life.
Defense—Was James accustomed to
the use of the pistol?
Answer—Yes, sir. He had a fancy
for a pistol when quite a small boy.
His father bought him his first pistol,
and he had one when be was quite a
small boy aud often used it shooting at
marks. All the children shoot at
marks. James was a good shot. He
carried his pistol with him all the
Defense—Did be buy a pistol after
the killing of his father?
Answer—He spoke to me after the
trial of Dukes, and asked for his father's
pistol, and 1 consented that be should
have it.
Defense—How did James appear
when he first came back from Roches
Answer—l waß sick in bed and I
can remember him standing over me
aud begging me to get well My
health was poor, but my husband's
(fcath prostrated me and I was confin
ed to bed several weeks.
Defense—Was James at bis father'i
Answer—Yes, sir. I was unable
to go to the funeral
Defense—State how James was be
fore the trial of Dukes?
Answer—He was very quiet and
listless tnd did not tak*» auy interest
iu anything as he did before.
Defense—Did anything occur that
excited him?
Auswer—Yes, sir. The acquittal
of Dukes. James attended the entire
trial. James did not know anything
about the Dukes letters before Dukes'
trial. He there heard the letters for
the first time, and they made an im
pression on him. He grew very
moody, and sat around and cried and
grieved over his troubles. I would
often find him off by himself, sitting
and crying. He would not talk, and
he never appeared 10 want to tell his
troubles. At night he was very
wretched and restless, and I would
often go in his room at all hours of the
night antl ask him if be was not sick
Defense —Did you hear him make
any noise ?
Answer—l often heard him moaning
and sometimes I heard him scream
'murder . It would wake up all in tbe
bouse. He would wake in his sleep
and cry 'murder!' That was a week
before he shot Dukes. Ho had no ap
petite after his father's death and
would eat but little.
Defense—Do you remember seeing
him do anything peculiar at meal times?
Answer—He would often leave the
table and walk around for awhile, and
then come back and sit down. He did
that very often.
Defense—Did the little children make
any communications to James when
they came home in afternoons?
Answer—They would aften tell him
when they came home that they had
seen Dukes. They took their dinner
with thom and ate it in the bank.
When they came home they would be
distressed. The bank is directly op
posite the Jennings House, where
1 Mikes boarded.
Defense—Did you ever talk to your
son about Dukes ?
A nswer—Yes, sir.
Defense—What caused you to do so?
Answer—l told niy son James wben
Dukes came back to Uniontown I
thought it meant harm to him. I was
anxious about .lames, for I kuew Dukes
learcd him and was trying to aggravate
him. I bail beard that Dukes was fol
lowing my daughter Lizzie. I had
heard that Dukes had said James was
the only one lie feared. I told James
these things.
Defense—Mrs Nutt, were these mat
ters talked of in the family ?
Answer—No, sir. My mother, Mrs.
Anna Wells, was living with us. I
think she talked to James on the sub
ject. Tbe effect upon James was notice
Defense—Did James read the news
papers after the acquittal of Dukes?
Answer—Yes; after it be seemed to
be anxious to read tbe accounts of the
trouble He also read letters that 1
and my daughter reeeived from all
parts of the United States. These let
ters referred to tbe killing of my hus
band James read these letters
and tbe papers and seemed to ponder
on them. Il« used to preserve the let
ters arid papers in bis trunk.
Defense —Did you get many letters?
Answer—Yes, sir. The letters were
written by both men and women.
They often contained slips cut from
newspapers commenting on the killing
of Mr. Nutt. I always saw a change
in James when be fame bark from
Uniontown if he had met Dukes. He
went there to the Postoffice twice a day.
lie ami bis brother Joe usually went
for the letters. After a trip in which
be bail men Dukes lie would be very
much agitated though he would say
nothing about it. lit! eame home antl
walked the floor, so I was alarmed, and
I asked hirn what was the cause, antl
he said :
Objected to by prosecution.
A Ufiwer—About a week before the
killing 1 followed him out of tbe room
and a»ked what was the matter, and be
saitl, "Mother that villain—"
Objected to by tlm prosecution
The defense claimed that, the jury
hud a right to hear all that Jtuueti fcutt
said previous to the killing, and also
his acts That it bad been intimated
ihdt he had simulated insanity, ai.d to
controvert that aspersion, the whole
life, acts and moods of the subject
should be heard.
Prosecution claimed that tbe evidence
of w T hat he said as prompted by Dukes
was not admissible.
The court ruled that all such evidence
taken cumulatively as affecting James
Nutt's reasou, was admissible.
Defense—What did James say ?
Answer—Mother, don't you think
that villain Dukes had the impudence
to look at me aud laugh !
Defense—llow did he look ?
Answer—Very much excited.
Defense—How often did this occur ?
Anwer —Several times
Defense—Was his excitement from
meeting Dukes?
Answer—Yes, sir. He did not tell
me at other times that he had met
Dukes, but be was so excited I would
ask him.
Defense—Upon the day Dukes was
shot where was Joe ?
Answer —He was not at home.
Defense—Who went to the Post
office that evening ?
Defense—Who had been with him
that afternoon ?
Answer—His uncle.
Defend?— Did he remain with him ?
Answer—No, sir; they left. James
went after the mail that evening at tbe
usual time. It was a lock box. James
aud Joe both had keys. I saw noth
ing unusual about him that evening.
He brought nie up tbe cows, and I was
out milking when he started for the
Poßtoffice. I did not see him again
that evening I did not know of the
shooting of Dukes until a late hour.
Two letters were shown Mrs. Nutt
and identified by her as letters that h.-td
been shown her by her husband. Tbev
v\cre the two letters that Dukes sent
NuU, which were read at the Dukes
trial. Recess.
The trial was resumed with Mrs.
Nutt on the stand.
Senator Yoorhees arose and stated
that the defense would put in two let
ters addressed to Captain Nutt by
Dukes, and one addressed to Dukes by
Nutt, in evidence. The letters would
not be read at present, but it was
agreed that counsel eould make remarks
upon them previous to their being given
to the jury.
By Mr. Brown—Mrs. Nutt, I sup
pose you have recollection of newspa
per matter published right after the
Dukes trial, and your son had act-ess
to them too Did yoor son read the
account of the indignation meeting and
the hanging of Dukes in effigy?
Mrs. Nutt—Yes, sir.
Where did your son keep these pa
pers ?
In his trunk, in his room upstairs.
Did he spend much time in his room?
Yes, sir.
After Dukes' trial did he attend to
his work around the farm as usual?
No, sir.
Did you speak to him?
Yes, I told him he ought to take
more interest in the work, and he said:
'mother, I have no heart to do any
thing '
llow did he spend his time?
He sat around arid brooded over his
By the prosecution—Mrs. Nutt, was
the paper spoken of one illustrated
with drawings?
Yes, sir
Could you identify the paper?
Yes, sir. (The paper, the I'nion
town Standard, with the cuts in, was
handed to Mrs. Nutt and identified )
■ hat was the one he had in his trunk.
He was preseut during Dukes' trial?
Yes, sir; lit; was.
After the acquittal of Dtikes was
Dukes in town lor some time?
Not for a short time. How long I
cannot say. I can't say when first I
heard he had returned. It was report
ed to me that lie was following Lizzie
Did he follow her out of town?
No, sir; it was when she was iu
town. 1 made no investigation of tbe
truth of the report. She did not go to
town often.
Mrs. Anna Wiplls, Mrs. Nutt's moth
er, a lady 75 years of age. was next
called by the defeuse. She stated that
she frequently stopped with her daugh
ter, and lived with Mr. Nutt the win
ter previous to bis death,
Did James ever live at your house?
He has visited me.
Did you ever notice any thing pe
culiar about James Nutt?
He always appeared very sail.
Mrs. Wells testified that Mrs Nutt
was always a delicate woman, and
that the shooting of her husband pros
trated her, and it was a question
among members of the family whether
she could recover.
What sort of a boy was James?
He was a quiet, but peculiar boy
always. He liked to be by himself,
antl did not mingle much with other
children He was always very fond of
his mother, but was not fond of going
to school. When he grew up he work
ed on the farm, aud when on a visit to
my home be would work out floors
with his grandpa.
Was he excitable?
Yes, sir, he was always excitable
ami nervous.
Ditl you notice anything particular
about him after the death of his father?
Yes, ho could not eat, ami he often
walked the floor at midnight moaning.
Ditl anything occur after bis father's
death and before lit; shot 1 Mikes to ex
cite him?
He was very sad and did not take
interest in things like he did before. I
remember we sent him to town one
time to buy nails to nail up the fence,
ami when he came buck he was very
gloomv, and he came into the room
and sat right down on the floor with
his hands on his knees and commenced
rocking himself and moaning. And
presently he rolled over on the floor
and I said: "Jimmy, what is the mat
ter? Are you hick?" aud bo Bald: ' No,
I am aot sick?" Said I,"You have seen
Pukes to-day?" and be said: "Yes,
grandma, I have, and he looked right
in my face and grinned at me." And
then James shut bis mouth and show
ed me the kind of face Dukes had made
at him.
What else did you notice?
His mother would tell him to do
things and he would*forget it, and
sometimes be said he no longer had
heart to do anything."
Did you ever hear him make any
outcry in the night?
Yes, sir. I heard him cry "murder!"
one night. He cried it so loud every
one in the bouse heard it and woke up.
Was it talked of in the family in the
presence of James about Dukes meet
ing and following his sister?
I don't remember. I often told
James not to go to town any more
than he could help. I heard it said
that Dnkes had said he was "afraid of
that crazy Jim Xutt."
What occured between j*ou and
James before he started for town the
evening of the shooting of Dukes.
He had been workiug around, and
came into the house after he had
btought the cows up for his mother to
milk- He asked his mother first if he
could bring them up, because it was a
little early. She said yes. Ho come
in and sat down to change his shoes
and looked to me aud said, '(irandma,
I m going down to get the mail.' He
seemed to be quiet and calm, and 1
noticed nothing peculiar about him.
He did not come back that night ?
No, sir. I never saw him after that
until I saw him here to-dav.
Cross-examined—Do ycu know of
James being sent to town on any er
rand after Joe went off on a visit and
previous to the killing?
He was sent to town on an errand
on the forenoon of the day of the killing
I thing he was not with his uncle that
day. He did not tell me that forenoon
where he was going. On the evening
he told me he was going to the town
(or the mail. He told me so when he
was changing his shoes. He did not
change any other clothes.
Awful Railroad Disaster in Mc-
Kean County.
One of those disasters peculiar to the
oil country occurred about three miles
from Bradford last Tuesday week,
resulting in the entire destruction by
fire of a passenger train on the Brad
ford. Bordell and Kinzua Railroad. A
tank of oil on the Anchor Oil Com
pany's lease, ou the Buchanan farm,
while being steamed, burst, its con
teuts coursing down the steep hillside
and running iuto the roadbed of the
railroad. At that point the grade is
very steep, and the vagrant oil ran
down the track for fully half a mile.
The morning train from VVellsville, due
here at 10 A. M , consisted ot an ex
press car and a passeuger coach. Every
seat in the car was taken. The ex
press car was also partly filled with
passengers. When the train entered
the river of oil, the engineer, who was
uucouseious of daugcr, was startled by
a loud and deafening explosion, and an
instant afterwards the entire train
seemed enveloped in a mass of flames.
The gas in tbe oil had come in contact
with the furnace of the engine, tiring
the oil. Engineer Patrick Sexton im
mediately applied the air brakes and
reversed his engine. For a brief in
stant the traiu came to a halt. The
engineer said that he was surrounded
by seas of flames, and noticed with
dread that the waves of burning oil
surged ahead of him on the track for a
long distance. To remain in the midst
of the burning fluid meant certain death.
He opened wide the throttle aud the
engine thundereJ ou at a terrible rate
of speed. A sharp curve was ahead.
The engineer reversed his machine,
and with his fireman, Michael Walsh,
jumped into the deep snow bank which
lined both sides of the road. After
running a mile the train was finally de
railed and fell in a heap in ad tcb.when
the work of destruction was completed.
The passengers, at the sight of the
destruction, were terror-stricken, and
the scene that followed beggars de
scription. Locked in and helpless in a
furnace of fire, traveling at the rate of
fifteen miles an hour, their anguish
knew no bounds. Men of nerve lost
their heads. Women fell to tl e floor
in a swoon, and the cries arid lamenta
tions of little children pierced through
the hearts of iron. There was a da.sli
for the door and windows through tho
sweeping flames which cooked the flesh
and singed the hair on the faces and
beads of the imprisoned passengers
within. It was everybody for himself,
and men 'U their desperation jumped
from the speeding train and fell pros
trate to the ground, burned and
mangled to pieces So fierce was tho
heat of the flames that the wiudows
were almost instantly cracked, allowing
tongues of fire to lick the interior of the
coach. v\ onderful to relate only three
lives were lost. There were many
miraculous escapes. The victims were
all women. Mrs L. C. Fair, of Aiken,
was burned to death. When taken
from the ruins the body was found
burned almost beyond recognition.
The ghastly corpse lay in the snow
with both hands extended. Her hus
band, who was in the baggage car,
started to go back to rescue his wife.
At the door he was met by a wall of
flames, the passage of which was cer
tain death. He was forced to jump
from the side door and escape with
slight bruises (Jeorge McCartney, the
news bov, who is badly burned about
the face, head ami hands, will recover.
McCartney could have escaped without
injury. He was nearly out of the car
when he heard the cries of Mrs. Fair,
lie attempted to help the woman out,
hut at the critical moment she lost her
presence of mind and fainted. In order
to save himself when he recovered the
} ouiig man jumped through the window
and landed in a pool of oil.
The death of Miss Katie Morgan, of
Allen, N. V , a small station near
Aiken, was peculiarly Had. She wan a
young woman. Her body, which was
uliuotft buruvd to a crisp, wa» found
hanging onto the frame-work of the'if
Both bands were closed with a vice
like grip upon the window* sash. The
clothes were entirely burned off. It is
evident t h at death was caused by in
haling the flames. The young lady
had managed to crawl out of the win
dow, and while on the very threshold
of escape from death fell back a victim
to the terrible flames. The third victim
was Mrs Libias Jones, of Reed City.
Fa She was burned to ft crisp Mrs.
Connelly, of Reed City, who was re
ported dead, escaped with slight injuries
and was able to go home this ufternoon.
The ten-year-old daugtter of W. E.
Proctor, of Tarport, was on the train.
She had the presence of mind to boldly
jump through a window. Her injuries
are slight. Mrs Thomas Parker, of
Bordell, Pennsylvania, threw her four
year-old child out of the window, and
jumped out. Both escaped with slight
burns and bruises. John Burke, of the
Bingham House, Dunkirk, N. Y., with
his sister Mary, was on the ill-fated
train. They occupied seats near the
center of the car. They escaped with
out injury.
Mr. Burke said : "The train was
runuing at the rate of 15 miles an hour.
Suddenly the car became dark. Jets
and tongues of flame leaped up on tho
sides and through the ventilators of tho
car. The glass cracked with a snap
and the heat became unendurable. I
knew at once that we were passing
through an oil fire. I recognized the
peculiar hissing of the burning oil.
Turning to my sister Mary I said: 'We
are passiug through an oil fire; be
quiet, it will soon be over ' People be
gun to jump through the windows. On
all sides was heard the crashiug of the
glass and the deafening roar of the sea
of flames. The car was a regular hell
in less than three minutes after it
caught fire. It seemed as it we were
all doomed to burn to death. The situ
ation was terrible. The car was filled
with the cries of women and children
and the groans of strong men. Women
aud children were picked up by strong
bands and bodily fired through the
cracking windows. Those whojumped
out of the windows fared better than
the few who dashed through the doom
into the ocean of llame, which surged
to and fro like huge waves upon the
bed ol the road. Those who jumped
from the windows landed in huge
drifts of snow. Those who went
through the doors had their hands,
faces and clothing badly burued and
singed, and some were so badly burned
that they will die.
I started down tho aisle, but tho
heat was so awful that it made my
head swim. It was impossible to move.
The car swayed to and fro like a ship
in a heavy sea The windows offered
the only means of escape. I said to
Mary: 'We must jump through the
window.' I arranged a cloak about
her head. The heat had already crack
ed the glass. I picked hr up bodily
aud mustering all my strength dashed „
her head loremoet through the window.
I then picked up a little girl who was
orving aud throw her out of the same
window, and then I made the jump of
my life, landing in a snow drift. My
moustache and my hair were only
slightly singed. My sister roiled down
the bank,and escaped without aacraich.
It was the most eventful experience of
n.y life. There is nothing so fierce as
an oil Gre, and the ouly wonder to me
is that any of the passengers escaped
with their lives. It seemed as if the
coach was all iu flames in less than two
minutes after it was engulfed in the
fiery sea of oil. The boat was so fierce
that in less time than it takes for me to
teil it the car windows were cracked
and tongues of flame were licking the
heads aud faces of the affrighted passen
J. P. Fletcher, of Bolivar, N. Y. t
was burued about the face and head.
His left hand was bandaged up He
was noar the door. He said : "It
seemed but an instant ere the coach
was enveloped in flames. (Quicker than
a Manh the heat cracked the 'vindowa
aud the flames licked the interior wood
work. I forced open tho door. The
platform ami end of the car were on
lire. A dense black smoke ascended
heavenward. Tongues of flames leaped
out like bolts of lightning, destroying
everything in their path I closod tuy
eves and jumped. I lauded in the ditch
and threw myself into the snow and
rolled down a long bill. It was tho
hottest fire that I ever saw. How I
escaped with such slight burns Is a
mystery. When I jumped I commend
ed my soul to God, as I never expected
to look upon this world again."
An eye witness of the disaster says :
"It was the grandest and yet the most
awlul. scene that human eyes over
witnessed. For a distance of nearly
half a mile tho roadbed was covered
with oil At poiuts it was over the
rails. The moment the gas came in
contact with tho fire box it exploded,
firing the oil. In less than one minute
the cugioe aud carß were enveloped in
flames, (jroat black pillars ol smoke
ascended heavenward. Tho driviug
wheels of the engine, which was dash
ing along at the rate of fifteen miles an
hour, scattered the oil over everything.
With a rush aud roar which m/gbt
have been heard for a mile the flames
leaped fully 5150 feet ahead of the loco
motive which was thus compelled to
run through a veritable sea of lire, such
us is seldom the fortune ol man to wit
ness. It was a terrible race and the
onlv parallel 1 can remember is tho oil
train which burned up near Brocton,
N. Y., n few venrs ago. How the en
gineer, train hands, and the men, wo
men and children escaped is something
that only Providence can explain. It
was a sight to make the strongest heart
shudder. I never want to see its like
This is tho first accident in the
history of the Bradford, Bordell and
Kinzua. No blame is attached to the
officials, as the accident was clearly uo
forseen. Coroner Bannon has impan
nelled a jury, and It Is expected that
tho inquest will coutinne through sev
eral days, as there are a largo number
of witnesses to be exouuued
NO. 10