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

in, was sworn and stated that he was
employed in the furniture business under
Miller. Knew Burt and had business
transaction with him in July at his home.
He went there in reply to message
from Burt. When he arrived at the
house Burt and a colored woman were at
the house. when 1 arrived at the
house first saw Burt upstairs" said the
witness. He put his head out of the
window and said come upstairs. When
L approached the house l heard some
saving in the room upstairs. l went
upstairs and noticed Burt with his slee res
slightly rolled up, as though he had been
working. When l came into the room
| saw that the furniture had been taken
to pieces as though he was going to move.
l saw one mattress only. took an in
ventory of the furniture, assisted by
Burt. When the inventory was COM
pleted 1 asked him what he wanted for
the furniture. He replied, $3.50. | told
him l couldn't pay that much. no.
ticed some boxes in the room upstairs,
but can't say how many boxes there
were. After some talking | made him
Il figure on the goods, which he de-
clined, but later | agreed to pay him a
price which he finally accepted, and l
paid him part of it and he receipted for
it: sent for the goods that afternoon.
There was no particular time agreed on
to send for the goods. l offered to pay
him $50 for the furniture. 1 gave him
81 of the $50, for which he receipted. l
did not see his wife or children, but, if
remember Alright, he said they had gone
to Waco. Mr.. Miller paid Burt the bal
ance of the money in my presence. MIR.
Miller and Mr.. Austin went after the
furniture. Mr.. Miller paid him all the
money, save some $11 due Mr.. Galloway.
| noticed nothing out of the way in
Burt's appearance at any time while he
was near or around me-"
Cross-examined. About week before
this Mr.. Burt told me to come up and
look at some furniture, and / went and
Mrs. Burt showed me some carpets and
told me that they were thinking of
selling. everything. and if We paid them
a good price for the carpets they might
let us have everything. Burt and 1
selected the furniture he wanted to sell.
@. X. Galloway testified that he worked
for Dahlich; that he had known Burt for
two years and knew him during the
month of July; that the store had sold
him a machine, and he had to take it
away from him in July. He had pawn
ed the machine, and after some trouble
he finally gave me some money to get the
machine, and l went and got it. | Sc
cured the money at his home on July
20. The 25th was Saturday. No, l did
not get the money from him. He gave
me an order on Miller, the furniture man.
when l came to the house Burt came
across the street to the buggy, and l
told him l understood that he had sold
his furniture, and l wanted my money
He said that he would pay me at 5
o'clock. 1, told him to give me an order
on Miller as l wouldn't wait until 5
o'clock. Finally he did give me the or
der. He wrote four orders. He wrote
one order which 1 asked him to tear up
as my name was not in the order. He
then gave ME another order to Miller
| lost the order to Jackson and had to
go back and get second order. / knew
him casually. l had seen him frequently
during the past two months, because
was pressing him for money.
II never had any conversation with
him about the machines being pawned
before this day. noted nothing out of
the way with Burt on this day."
n. J. Macarthur testified that he lived
in Austin and was here during the month
of July; that he had seen Burt here dur
ing that month; that he saw him on the
Saturday before the discovery of the
murder. II saw him about II o'clock
that night. He was standing on the west
side of the Avenue at Ninth street, and
a cOlored girl was standing near him,
but l don't know whether they were to-
gether or not. I saw three grips. l
don't know how long they had been there.
| was standing across the street when
L saw them. l walked on across the
street and spoke to Burt. walked on
up slowly to Bursh's corner. Just at
boarded the car. Burt placed the grips
on the car and the woman got ON and
seated herself at one end of the car and
Burt sat at the other end. They went
down toward the International and Great
Northern depot"
No cross-eXaminatiOn.
Martha Ward testified that she lived
at Moses now, and was living there last
July and was the cook there. She knew
Eugene Burt; that he lived just behind
the Moses. She remembered seeing him
on the Saturday after the Oath of July.
81 saw him at the depot. | saw Burt
first at his front gate. He had some
grips in his hand. l was going to the de-
pot to meet a friend that was coming
over to the campmeeting." Here the dis
trict attorney asked her for her friends
name. She hesitated for some time, say
ing she could not think of it, and then
finally gave it, but no one caught it, and
she was not asked to repeat it.
when l met him asked him how
Mrs. Burt and the children were. He
said they were all right and he was 60
ing to Georgetown to take them some
clothing We waited on the corner for
at least half hour before a car came
along. The first car that came by was
a belt line. l asked the conductor and
he told me that it was the belt car.
When l went out to the middle of the
street to ask the conductor Burt was just
behind me. The next car that came
along we got on and went to the depot
The car stopped at Tobin's corner to let
on and did not stop again until
we arrived at the depot When we got
to the depot we went in the
lunch room, and he took his grips into the
waiting room and opened them, and he
had some papers and revolver in the
grip. When the train came Burt got on
the car between the sleeper and the first
class coach, but did not see him enter
either coach. 1 do not know whether he |
bought ticket or not
Cross-examined: have known Burt |
since was quite young. The first thing |
we talked about on this night was my |
sister. / told him she lived in Kyle and |
was cooking for Mr.. Hellman. | asked |
1im about his wife and children, and he |
,aid he was going to Georgetown to carry |
hem some clothes. He remarked about |
low pretty the children were. We went
lown Ninth street to the Avenue and |
,rossed over. We stayed there, l think,
lbout half an hour. Yes, there was
ome one else standing on the corner but
did not notice who they were. At the
Ali l. l.. 4