The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1896-11-26
Excused as NOT cross-examined.

Excused as not cross-examined.
DR.. Joe Wooten knew Burt. Exam
ined Burt twice. First time at the re-
quest of Burt's brothers, and did it with
the firm (his father and brother); the
second time at the instance of the dis
trict attorney. One of the brothers of
defendant was present at the first exam
| nation. That was for the determination
of the symmetry of Burt's head. Took
| fourteen measurements. Tested his pu-
pills as to light and accommodation and
his eyes reacted in both instances. Also
explained other tests as told in DIR. II. ID.
Wooten's This father testimony. Result
of Investigations was that his head was
| average and in some instances above the
average. Volume of the brain was with
in the physiological variation. Found no
evidence of organic brain disease.
| At the second examination he was ac-
companied by DIR. Matt Smith. At last
examination he repeated all the tests as
at the first, except the measurements.
Burt could not stand up with eyes shut
and heels together like he could at the
first trial or test, and his writing was
very bad and he could not carry out
continuous thought. Was an hour and
half with him on second examination;
was half an hour at first examination.
| He thought Burt not insane.
| Not cross-eXamined. Excused.
DIR. Goodall Wooten. Graduate of
Columbia college, New York. Knew
defendant and had made an
examination of him with his father and
| brother. Detailed the incidents, as did
his father and brother. His Uranium was
a good normal head. Found no evidences
of organic disease of the brain or ner-
vous system. He made a second exam
nation, finding DIR. Matt Smith there.
Remained with him that time about
| forty minutes. AS to standing up the
second time he simulated and could not
stand straight. He knew it was simula-
ton, as the muscles in the calf of the
leg were lax, when they should have
been tense if the man was not sham
ming and was really trying to stand
straight In every test beyond his con-
troll the test was the same as at the first
time; in the tests within his control the
results were very different from the first
time he examined him. From his study
of Burt he thought that the symphonic
so far as they Indicated insanity were
feigned
Cross-examined by Maj. Walton:
| He did not find every measurement I'M
der the average. Three of them as in
drawing were under the average A big
brain is not less subject to insanity than
a small one. Questioned at length to i'm
peach his diagram of Burt's head and
his acquaintance with foundational char
shaken particle. Excused.
DR.. Matt Smith: Graduated in medi-
cine in 1891. Had known Burt ten or
fifteen years. Was requested to make
an examination of Burt by the district
attorney. Made two examinations-two
hours with him first time and one hour
last time. He asked the jailer to let him
stand so he could see defendant and not
be seen by him. Objection by defense
that nothing could be testified in this
way against the defendant unless he had
him in the trial. State held that asking
experts their opinion Of defendant was
not making defendant testify against
himself. Objection overruled. DIR.
Smith looked through the lattice and
watched Burt for an hour. Saw him
sitting in a chair, leaning on his hand
and then looking down on the ground
Then got a cup of water from hydrant
and spit out mouthful. Then picked
up bottle and the Mexican in the eel
with him told him nothing was in it and
took it from him and pushed it out OF
the cell. Then tried to strike a match
twice, and then Mexican lit it for hin
and Burt set fire to piece of paper and
warmed his hands over it. Then he put
his foot on table and climbed up side OF
cell. Then sat down again; then go
another drink of water. Then Dr. Smitl
got him out of the cell and then DIR
GOodall WOOten came and they examined
him together. Then, the second time
he examined him with DIR. Joe .Wooten
The second time, asked him the SAME
questions as before. Questions exclud
ed.) Subjected him to the STANDARD
tests in matters of insanity. His opin
ion was that Burt was not insane. liz
considered Burt was Stimulating. H'
gave as his reasons for this: One after
noon he sat with eyes shut and with legs
hardly crossed and head resting on til
of fingers for thirty minutes and yet he
did not nod nor did his leg slip off, as
would have been the case had his mus
cles relaxed in sleep. He did not thlnF
he was asleep. But he always closeC
his eyes and seemed to be asleep at the
most critical times during the trial, al
when the boxes were opened and the
bloody clothes displayed. Then he woke
up of his own accord at Adjournment
lime and walked well to the
window and bowed his head tt
keep from striking it against the bot
, tom of the sash.
Cross examined. Sometimes he would
! sit longer than others at the table in the
| cell. DIu HUI nv 49, =
nervous in the Jail. Did not have his
ewes closed in the Jail. Did not make
much of the different actions OF DEFEND
ant in his CELL He went over the den
milton Of moral pervert and degenerate
for the most part as other medical experts
had done. and showed the difference be,
tween the two. A degenerate could not
acquire same after birth, if you exclude
accidents, disease, privations OF life; etc
AS a rule, there is an inherited tendency
in the degenerate-but cold, want, nun
ger. sickness and accident could produce
degenerate Had treated two insane
patients in the city hospital. One OF
them was Henry Purnell. He had mel
anchoIa. Then Maj. Walton put his
hypothetical question on the defense
) testimony ard theory Of tie case-then
the author of the killing, was he sane
or insane? DR.. Smith said he must have
other facts to give an opinion-facts
about family. etc. Could not give sat
isfactory answer to the question, as there
were conflicting facts in it.
!, Redirect He thought on the night OF
July "A Eugene Burt was not insane
Excused.
Jack Hughes, the jailer, was next called.
But adjournment time, 3 o'clock, was zen
minutes past and court adjourned to y
o'clock this morning.
A QUEER INCIDENT.
A queer incident occurred just after ad-
l. t...,t svs.I ttts