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

George Walker testified that he had
lived in Austin all his life. He said
that he knew where Burt lived on Fast
Ninth street and that Warmoth lived on
one side and Rutherford on the other.
He had visited the place the morning
after the murder. July II, and in looking
around he had found several pieces of
paper in the yard Most of them in
front of the house.
The district attorney handed him some
letters. He testified that he had pasted
the pieces of paper together. He tes-
titled that he had found the pieces of
papers in the house and yard
The district attorney here introduced
as evidence the labels on the boxes read
ing u. G. Clark, Houston, from Il. +.
Aines," and handed them to the jury.
the defendant objected to the introduc-
was overruled and they took exception
to the ruling.
The district attorney here submitted
the various scraps of paper us evidence
and the defendant objected, which was
OvoTruled, and they gave notice of ex-
ception.
Cross-eXamination:
Yes, | put the scraps together so as
TO make readable. | will not swear who
wrote them, nor will swear that the
expressions as arranged by myself are
the utterances of the person who wrote
them"
The scraps of paper in controversy, as
pasted together, read MS follows:
II am yours truly,
''E. l.. AINES."
III. & r. C. Freight Office:
| please give bill of lading for these
boxes. The man will pay charges. They
are mark-foliows:
-. G. CLARK,
"prom Houston.
"E. p. AINEs, -.
Austin
''K. C. Miller:
Pay out of money coming to me the
sum of Eleven 25-100 dollars.
Yours,
Re-eXamined:
II went into the back room at the far
corner of the house. l saw the cstern,
but / do not know whether the pump.
handle was on it or not. City Health
Officer Calhoun found the pump handle.
found the washer in the flue In the
south ROOM"
The defense did not re-cross-cxamne.
Vinie Duncan testified that she lived
back of Col. Rutherford's. She knew
Eugene Burt, that he lived in Mrs. Mil
! ligan's house on Ninth street between
Col. Rutherford's and Mr. Warmoth's.
She knew Minnie Simms, who lived with
the Burt family and left there on a Sat
urday afternoon, the latter part of the
month The day that Minnie left, Mr..
Burt also left. She knew, because he
left his three grips with her.. when
he came to my house, Minnie Smms was
with him, IJa COT tho prina down Inv
my bureau. He went on back to his
home, presume. He came to my house
again that right about 1890 and got the
grips. He asked me if knew anybody
who would help him carry the grips. +!
; told him no, and he then SAID
, he would lug them himself; saw Mrs.
; Burt on the Friday evening previous;
noticed nothing out of the ordinary about
! Mr.. Burt's movements.
The three grips were introduced here
! and identified by the witness
Cross examined: Eyes, sir; saw Min
+ ME Simms and the two Burt children
r between and 7 o'clock, and they were
} going toward town, coming from the di-
| rcction of Mr. Burts house | don't
t know how long it was before they return
ed. ] judge it was between I and y
o'clock They were going round toward
I the front way on Ninth street wnen
saw them returning"
Louis Powell testified that he was in
$ the dairy business and was engaged in
g it last July. He knew Eugene Burt last
e July, and he was living then between
4 Rutherford's and Warmoth's. He was
e one of my customers. made my last
{ visit to the house on the day after the
{ crime-a Saturday evening about O y. M
j 1t was the Saturday before the bodies
] were discovered that ! made my last
e visit. / delivered the milk to the back
n of the house. When / called this last
. afternoon ! knocked at the door, and
n Burt opened it. ! noticed that he was
very warm, as though, he had been work
$ ing. When he opened the door he said:
+ oh, it's the milkman; wait a minute
n and III get pitcher When he return
t ed said: L see you are going to move,
He said yes and added that he would
n give me his new address, which he had
g written out on n paper, reading No. Oh
n Rio Grande street. He said that the
: next morning would find two tickets in
/. the bucket, as the tickets had been sent
t over to the other house, and he couldn't
8 pay me. | looked for the house later,
but never was able to locate it, / had
8 not seen Mrs. Burt and the children for
: several days"
a Cross-examined "As rule Minnie
! Simms got the milk or the. bucket was
, | set on the shelf. Burt got the milk from
= me several times. The time that Burt
: said it was the milkman,' was the Sat
, urday afternoon. / judged that he was
,, tired from the fact that he was perspir-
!, ing freely. The parting words had
with him were 4 viii see you at the
, shore store Monday and pay YOU
! Mr.. Robinson, the Houston and Texas
; Central freight man, was put on the
, stand again to produce the freight bill
of lading. The bill of ladns was dated
July %.
Cross-examined: 81 did not make out
the hill of lading myself" Mr.. Ro.in-
son then, at the request of the state, read
out the name Burt Shoe company" on.
the box so that it might go in the evil
dence
The hour of 5:15 p. m. having arrived,
the judge ordered the court adjourned
until o O'clock this morning, and all wit
nesses were brought into court and in
structed not to read any newspaper re
: ports of the trial or discuss 1t with with
! anyone.
PAN-AMERICAN MEDICOS.
: Mexico City, Nov. 18.-The interna-
tional executive committee of the Pan
! American Medical Congress agreed today
. | L. ooann+ Tho ;py;fof;or IF tho Vanazua-