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

1t was exactly 8 o'clock when the pris-
oner walked into court, looking the same
as ever. The jury came in few min
utes after. Judge Brooks came into
court at 9:07 and the regular order of
business was taken up.
Erie McCarty, the first witness of the
day, on re-eXamination testified that his
| firm had rented the house to Burt In
January. 1t was on the Doth of January
that he rented the house. Another
party was renting the house with him,
but the second party left for Waco in
June and Burt couldn't pay the rent, so
| | notified him that he would have to get
ont He said he would move shortly.
He told me that he was going to move
| to house on East Second street as soon
| as it could be fixed up" Here Mr.. Nc
Carty read several notes from Burt. One
was from Mrs. Millican, telling McCarty
TO let Burt remain in the house until the
next day. Then second day the sec
one note came of date of July u, telling
them to let Burt have the house until
the following Monday. Then a third
note from Burt saying that he mad paid
the rent up to July "a and that he could
NOT he nut out before that time. The
notes in question were as follows:
, "Mr. McCarty:
net Mr.. Burt remain in my house I'M
| til tomorrow. w. L. MlLLlCaN'
"Covert & McCarty:
LET Mr.. Burt have possession OF my
house until Monday: ,o.1,
June 6, '96. w. l. MlLLlCAN."
"Mr. Golf: ,,,r.
my written contract with Mrs. Milli-
can of July 6, 90 calls for my posses
sion inclusive July "a. '96 AS / am
threatened with expulsion today, please
ace that it is not carried out, as it makes
Mrs. Millican liable. w. e. BURT"
Basing his opinions on the various con-
yersations he had had with Burt, the
witness said he never saw anything the
matter with him save that he was short
of money. AS far as he knew and in
his opinion Burt was perfectly sane.
Miss Carrie Sparks testified that she
was employed at the Racket store; mat
her birthday was on July "a. That she
lived on East Seventh street. Contin-
uing, she said: 81 passed Burt's house
that evening on my way home; gen
orally leave the store about Z O'Clock. 1t
was after 7 o'clock, l think. AS
passed the house l heard a voice. 1t
was a woman's voice. 1t said. L will
not stand this any longer This was the
day. this was the house. 1t was a
woman's voice, clear and high. do not
know Mrs. Burt.
No cross-examination and the witness
was excused.
Attorney Buck Walton for the defense
asked that Miss Sparks testimony be
stricken from the records and withdrawn
from the attention of the jury.
The motion to strike out was over
ruled. -.
Dr. T. D. Wooten was the next W.T.,
ness examined. When sworn he testihed
that he was 81 years of age and was
nhysician and surgeon and had been one
for forty-three years.
That he had treated more or less IN
sane persons at various times during MS
life. not in asylums. but at various times
and places during the years of his prac-
flee. That while connected with the
university as one of the board of mana
gers he had had an opportunity OF ex
lining the insane. (ffere pronounced
filter went around the court room, put
for n few minutes Mr.. Burleson and the
doctor did not see the cause, MI. burle-
son saw it. however, and asked the doc
4or If he didn't mean that he was a
mamher of the board at the lunatic asy-
Inn when he made these observations
, instead of the university. The doctor
FASTENED to say that he did mean that
and order was quickly restored)
Continuing his testimony, the doctor
stated that he had made some study OF
the brain. That he had read about 1t
ali during his life in connection with ms
otber professional studies. Testified that
bo knew Burt. the defendant, and had
been called in to see him on the Thurs
dov before the trial. That in compliance
with the request, he had gone to the jail