The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1880-07-30
LYNCEFIELD BURKS.
TWENTY MORE DAYS BEFORE DEATH.
The Waco Rapist OF q Little Child Re-
spited by the Old AIeaIde After
HiggIing over the Matter-A
History of His HeinOus
Crime -The scenes and In.
eidents of the Day
Miscellaneous.

Special to the Herald.
Waco, July 29.--The country people
have focked into the city from early
this morning, until now the crowd is very
large and are congregsted around the Jail
One man, who owns a building overlooking
the Jail yard, is selling standing room on the
roof of his building at two bits head.
PREPARING FOR DEATH.
Burks slept soundly last night, awakening
at 6 O'Clock in the morning. He ate an early
breakfast, and busted himself writing letters
and making arrangements for the future care
of his children, of whom he has three, the
youngest an illegitimate one by Mrs. McBee
He showed more oalmness during the morn
ing than at any time previously. At II
o'clock Rev. B. A. Rogers, an Episcopal
clergyman, arrived at the Jail
accompanied by two vestrymen o.
his church.
| DEVOTIONAL EYKRCIsRs
took place in An anteroom o.
the Jail, occupying about one hour
and closing with administering the sacra
ment. Rev. Mr.. Andrews, a Methodist minis.
ter of Marlin, also arrived this morning snd
visited the prisoner. The military took po'
sition at the Jail OF IL O'Clock.
FIRST APPLICATION FOE RBsPITK.
A telegram has just been sent to Governor
Roberts signed by Mayor Sturges and other
prominent citizens, asking respite of ten
days, that petition for Communication, with
a statement Of facts may be laid before the
executive. Sheriff Ross has agreed to
defer the execution until four O'Clock
to await the governors answer, and everybody
is on the qui vive TO see what the old Alcalde
will do. Bets on the streets are two to one
| that he will show no mercy on account of the
state convention being 30 near at hand.
SENATOR COKE SIGNS THE PETITION
2:30 p. m.-The governor replies, declining
to grant respite. A second telegram has
Just been sent, to which Senator Coke's sigma
ture, greatly TO the establishment of many
citizens, was secured. This latter telegram
asks for a respite also, and the answer is now
being awaited.
REsPITED FOR TWENTY DAYS.
The last telegram to Governor Roberts,
signed by Governor Coke, had the effect of
moving the old Alcsde. He had refused three
times in the last twenty-four hours, to COM
mute the sentence. To the fourth and last
request, with Coke's name signed, he has lust
returned reply, respitiDg Burks, for twenty
days.
THE sCBSIs,
while waiting for the reply, were
interesting. Knots of excited men on the
streets discussed the matter pro and con,
and the crowd around the Jail surged wildly,
as swayed by conflicting rumors. Burks
spent the hours quietly but evidently in
agony.
NEARLY TOO LATE.
AS the afternoon wore on, a thunder storm
threatened to interrupt telsgraphic COM
munication with Austin. This made Burks
uneasy and excited the crowd. The message
from the governor came just as the sheriff
had concluded that it was not worth while
to wait longer. A few minutes later and
Burks would have swung. There is consid-
cradle diversity of opinion among citizens as
to the propriety of the governors action.
Burks received the respite without any ex-
hibition OF feeling, but said he was glad of it.
He is greatly buoyed up now.
BIOGRAPHY OF BURKs.
Lyncefeld Burks was born in jackson
county, Alabama, in 1889, and is in his
forty first year. His early boyhood was spent
in Franklin and Coffee counties, Tennessee,
where his parents removed from Alabama.
Later they emigrated TO Missouri, where
D. Eak. al
federate army, he served through the war,
and at its close came to Texas. settling in
Burleson county in May, 1865. Little is
known of his life in that section of the state,
save that he removed to Bryan, from there
to Calvert, and thence 70 Waco, reaching
here in 1877. Last year he was farming on
rented place near the little village of Robin
son, six miles south Of Waco.
THE VICTIM.
On the same place, ostensibly as his house
keeper, but in reality his mistress, lived the
woman, Mrs. McBee, and her daughter
Sarah, the little victim of Burks'
lust. The child was just nine
years of age when Burks outraged
her. She is rather bright and forward, and
not overly large for her'age.
Mrs. McBee, is coarse, ignorant woman,
sensuous and los. to virtue, and was com
pletely under the domination of Burks, as is
evidenced by the fact that she consented to
the attempt on the child.
HIS CRIME.
The rape was committed on the night of
July %, 1879. The child was 30 sick and
Frustrated the next day that the wretched
mother called in physician, not telling him,
however, what had been done. He discov.
cred at once that a foul crime had been COM
mitted and succeeded in worming partial par.
ticulars out Of the mother and child.
THE TRIAL.
Burks was arrested on the Goth of July, 1879,
and both he and the woman were Jailed.
The grand jury found an indictment against
him, and he was put on trial at the December
term of the district court The woman was
never tried, the state utilizing her testimony
to convict Burks. The jury found him guilty
and affixed the death penalty. The case was
carried to the court Of appeals, and by that
court affirmed, at the Galveston term, this |
year. The prisoners means were limited,
and for some time It seemed that he would |
have to use counsel assigned him by the
l..A