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

That about June or July of last year he
had a. transaction with Burt about some
diamond ear rings 1T was two days
after they were brought there that |
found out that they belonged to Vreden-
burgh.: L gave Burt S25 ON the diamonds.
$40 or 500. Oh, the gold on them was
worth dollar or two. When Vreden-
burgh and l met him that afternoon he
told me that he had bought the goods
from Nredenburgh. Vredenburgh said
he had not done so.
Miss Agnes Powers got sugar spoon
out of my store later. l noticed nothing
out of the ordinary with him."
Attorney Walton mere introduced as
additional testimony the Indictment
charging the defendant with the murder
of Agnes Lucille Burt.
He also offered the indictment charg-
ing Burt with the murder of Ellenor
Burt.
He also offered the indictments charg-
ing Burt with forging in 1894; also an
indictment charging Burt with fraudu-
lently disposing of horse.
w. w. Calhoun testified that as health
officer he was called to Burt's house in
last July. That he went all over the
house. When in the room next to Col.
Rutherford's house that he saw nothing
on the floor. That he noticed where the
plank had been cut out, and reaching his
hand in the hole he had pulled out the
pump handle
Il. B. Robinson being sworn testified
that he knew Burt. That he had had
a transaction with him the later part of
May. He owed for some groceries and
paid for them in a check" Said the
The check was for So. l think the
check was signed by w. G. Mum in
favor of Eugene Burt. The check turn
ed out to be bad. The bank said they
knew no one of that name and would not
take it,
. Cross-examined: 81 did not have any
conversation with him. One of my
clerks waited on him. l think. l don't
remember whether he talked to me or
back to my desk and asked for Il pen
to endorse the check with. This trans
action was in May of '96."
Mr.. Messer testified that Burt had
cashed check with him for $3.50 in
May, 96 Had bought so cents worth of
goods. 80 cents worth of checks and re-
Fceived $3.50 in change for the $3.50
check"
CrOss-examined: He did not talk to
me about the check. just supposed it
was good.
Mr. Davenport testified that Burt
bought a bill of goods from him in July
of this year for $3.50 and gave him n
check for $3.50, signed by l. r. Mum, le
thought. The check was bad. He
signed the check. Several years ago
Burt did some collecting for me. | had
some trouble getting settlement out Of
Burt about the collections"
Cross-examined: 81 have known him
some five or six years. During July.
when the check matter came mp.
noticed nothing out of the ordinary with
him."
G. B. Beard testified that he had known
Burt about six years. That about the
first of July this year Burt had come to
his wood yard with check for 81,
signed by NJ. G. King, on the First Ma
tional Bank of Austin. That he got 81
worth of goods and So in change.
Cross examined: "His wife after
wards settled the check. i went to her
about the matter and she paid it and
begged me to say no more about it."
Il. G. Stanley testified that he knew
Burt. Had had conversation with
was against Mrs. Schmidt for SOL. II
approached the party (AIrs. SchmidN
and had conversation. After this |
saw Burt and he said he would settle
the claim he had collected from Mrs.
Schmidt. Finally, after promising to
pay from day to day, week to week,
month to month, he presented a ven
doris lien note as security for the
money he had collected from Mrs
Schmidt. Up to the time this note was
made he never paid the money he col
lected from Mrs. Schmidt"
Cross-eXamined: ''He simply said he
would settle. it and l believed him.
noticed nothing unusual about him.
E. =. Wilmot testified that he was
president of the Austin National Bank
and said: 81 remember the draft ire
ferring to note relative thereto handed
in by defendants attorneys) 1t was
PAYABLE, to Mrs. W. e. Burt. It was
drawn by the Ladonia National Bank of
Ladonia. Texas. l would presume that
the draft was drawn in April of 1894.
w. D. Burt presented the check. FOR
S3S.5O, at our teller's window He rep
resented that it was signed by Mrs. Burt
and it had her signature on it. He also
endorsed the draft himself, as is Gus
tomary. Later Mrs. Burt called and
asked if we had cashed a check drawn
Later she called and demanded he
money. She denied having received it.
and so did Burt. who came with her. |
took them into my private office, where
they still denied having received the
money and again demanded it. Lafer
| tney called again. L sent for Roscoe
Burt, his brother, who identified the en-
dOrsement on the back of the draft as
being that of w. Il. Burt, his brother.
After this statement from Roscoe Burt
| | excused him and he left, leaving w. Il.
Burt and his wife still in the Office |
asked Burt what he had to say about
his brothers identifying his signature
on the draft. He replied that Roscoe
didn't like him and had it in for him
| and had lied about the signature pur-
posely. After some further discussion,
in which he still denied the signature and
denied having received the money, told
him and his wife that if they would sign
a paper that | would draw up, saying
that they had not received the money,
that | would pay them the money the
draft called for and they claimed had
not been paid them. | gave them to
understand that if they did sign The
paper It might be used against them. rs
| proposed to 90 to law about it. With
this understanding, / drew up the paper
and they signed it-both Mrs. Burt and
Burt. | then went to Burleson, the dis
trict attorney, about the matter, Jnd
after consulting with him, on his advice
] did not make a second payment on the
draft"
Cross-eXamined: 81 did not know him
very we'll | noticed nothing out of the
ordinary in his manners, save that |
was very unfavorably impressed with
him on this, the first time that | had
personal business with him. This was