The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1896-11-26

of the defense were that Burt was in
sane when he committed the deed and
| was now. That the greatest love eX-
listed between him and his wife. mat
the defense would try to show that while
his mother was bearing him that she was
so wild that she had to he restrained
| prior to and at the time OF his birth. mat
| the uncle and aunt on the mother S sac
| were afflicted with insanity. He SAID
| that the defense would show that the de-
| fnndant was born into the world a thief
! and liar and that he had since gone
| from bad to worse. That he was ever
susnicious and secretive and that he had
estranged himself from his brothers.
| DR.. II. S. Graves was the first witness
of the day and on re-cross-eHaminatlon
testified that in examining the body of the
supposed Mrs. Burt that there were other
| bodies in the room. They were the bod
| les of children. These children had
| wounds on the right side of their
| heads and were apparently made with
| the same instrument. Here the state S
| attorney asked to know what the drift
of the testimony was to be. The attor-
ncys for the defense stated that they
| wanted to show that all the bodies had
| been mutilated alike, showing the act of
| an insane man. Continuing MS testllho-
ny. DR.. Graves said:
| "The bodies were uncovered when l
got there. There was a handkerchief
fled tightly around the neck of each child.
NV opinion is that the children were those
of the defendant"
| Redirect examiraticn-"I have known
| Burt about eighteen or twenty years. l
| have known him as wen as anybody. be-
| ing a friend of the family. l am a ply
sician and | have been fol. something
| like thirty-five years. During all the
time that | have known defendant,
have never known or seen anything in
| Ills bearings that would lead me to think
| that he was crazy. | have seen him
about twice Il month since he was placed
| in the jail. l was never but one time
during this time that he said anything
to me about his mind. | examined him
| this time and | think he was Stimulating
this time. I don't think he was crazy.
| have not examined him since the 9th
in the court room and | think he is sim
uating. / think he is perfectly sane
| don't think his mind is in such condi-
ton that he can not understand what is
going on. l think he knows the differ
ence between right and wrong"
oss-eXamination-"I don't remem-
Der to have examined the brain of the
child that was found under the river
bridge. referring to the r"se some time
ago. where tne touS SIl uloppeu lhe
dead child out of the window l did not
examine the brain of this child. | have
never examined the brain of any dead
man. | examined him physically. l
supposed it took me fifteen or twenty
minutes to examine him. / treated
him several days for indigestion.
At last he told me it was
Indigestion. l found his tongue coated
when | examined him, which Indicated
that his liver was wrong. When | was
treating him he said that he had pains in
with his brain. / treated him for his
liver. / did not think that anything was
the matter with his head. He was eat
ing too much, and | told him so. |
never examined his head. When l was
talking with him he said he was think
ing about his trial so much that he
couldn't sleep. He was talking his in
sanity all the time. which attracted my
attention. | examined him as to coun-
tenancc. When | was waiting on him
he was calm and seemed hopeful as TO
the result of the trial. He told me he
was restless. | didn't believe him. |
think that he is Stimulating, because ne
is acting part that insane people do
not do. l do not know the different
kinds of insanity. | have read Il book
on insanity, but have not made n study
of it. | have read book on "Mean-
chOly." | do not know the name of the
author of the book. | have been in the
jail since this trial began. | saw aim
and spoke to him. He did not bear
himself in Jail as he does here.
Robert C. Ehlert. on rc-cross-cXamina-
ton, testified that he took the bodies in
question to Miller's undertaking estab-
lshment. That they were wrapped up
whom tnly nnt Of bn nict 'rbn
womans body was wrapped in gray
blanket, the smaller child had nothing
but diaper on. and the oldest had Il
gown on. The hands and feet of both
children We're bound. The feet and
hands of the smaller child were tied with
wire. The oldest child's hands We're
tied. All had handlerchiefs around
their necks. The bodies occupied very
little portion of the space in the cistern.
Redirect examinations | saw ne
opening of the cistern. There was big
opening was the only place that the
bodies could have been put into the els
tern. I have known defendant for some
eight or nine years. | never noticed any
thing out of the ordinary with him.
Minnie Simms, further cross eXamina
ton. Yes, I worked for them from
February to July. During that time l
slept under the same roof with them.
Whenever | was present they seemed to
be very pleasant and agreeable toward
one another"
Col. r. A. Rutherford, the defense's
first witness. testified that he knew
Eugene Burt and his family. 'They
lived in the next house to me on East
Ninth street. The front part of !he
house was about twelve feet from me
and the back part about eight feet. They
had lived there about five months. | no
ticed the relationship between Mr.. and
Mrs. Burt and the children. The win
dows and doors were all open in the part
of the house we slept in. Sometimes l
saw the windows in Mr.. Burt's house
open, but not always. AS far as know
their Relationship was very pleasant. 1t
was n habit of his to walk around The
yard with the children every evening.
He generally carried the smallest child
in his arms. Sometimes Mrs. Burt was
with them. | frequently saw them all
together in huddle. They We're
as happy as they could be, judg-