The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1896-11-19
IHE BURT TRIAL AGAIN.
THE PLEA OF INSANITY WAS
WITHDRAWN YESTERDAY
MORNING.
The ISSUE NOW IS STRAIGHT MURDER
THE PROCEEDINGS YESTERDAY
MORNING RATHER UNINTER-
ESTING, AS A WHOLE.
The CAUSE OF YESTERDAYS PROCEEDINGS
The Defense Was Afraid 1t Would Do
Their Side More Harm Than Good
and They Accordingly With
drew From the Trial.

Yesterday was the day, and o'clock
yesterday morning the hour, for the trial
of Eugene Burt, the accused murderer,
on the charge of insanity. BY as early
an hour as s o'clock curious lockers on
were crowding into the court room, and
by 8 o'clock the space outside the rail
ing was packed with men eager to catch
every thread of the proceedings. Per
previous notice, Sheriff White had sum
moned u special venire of twenty-four
men from which to select II jury 10
pass on Burt's sanity.
1t was q few minutes past 8 o'clock
when Judge Brooks, the presiding judge,
took his seat, and at the same time the
prisoner, Eugene Burt, was brought into
the court room through the east window,
by the jury box, under the escort of
three deputies. He took his seat as
usual on the left of the lawyers table,
behind his lawyers chair. His appear
ance was. in the main, unchanged.
During the hour that he sat in the
chair he scarcely moved muscle Of his
face. He looked intently out of the
window and apparently paid not the
slightest attention to anything that was
done by any of the attorneys or to any
thing that went on around him. Once
or twice his eyes closed rather YEARLY
and he seemed to be in a drowsy state,
almost to the verge of Indifference as to
his surroundings. but just as it looked
as though he were about to drop off to
sleep his eyes would slowly open again
and he would resume his gazing out of
the window. His face is perfectly
cOlorless, his eyes are barren of any
marked brightness and he is apparently
utterly Indifferent to his surroundings.
Soon after the prisoner was seated
Sheriff White and Chief Clerk Hart
began n roll call of the special venire 10
see if they were all present. This took
some time. and when finally all were
seated they were sworn and the Gus
tOmary questions were asked.
Upon the conclusion of this, the situa-
ton was ripe for the preliminary move
ments of the trial.
AZ lnlS w. M. w III
ton, for the defense, submitted the fol
lowing self-eXplanatory petition to the
court:
The State of Texas VS.. w. Il. Burt. In
the Matter of Inquiry as to Sanity.
And now comes the defendant, by his
attorneys, Geo. $. Walton, II. II. Moore
and Walton a. Hill, and through them
says to the court:
First-That he protests and objects 20
this attempted proceedings as being out
side the law and unauthorized by the
law and that this court has no power,
jurisdiction or authority, under all the
facts and circumstances existing and be-
fore the court, to institute or to order
to be instituted or to entertain this in
quiry or proceedings.
Second-There is no direct suggestion
made to, or information furnished to, the
court by the defendant or by any per-
son authorized so to do that forms or
can form n predicate on which to base
this proceeding or inquiry
Third-That the statute law nowhere
authorizes proceeding or inquiry OF
this character. save only when some
direct or sufficient suggestion is made to.
or like information is furnished to, The
court by the defendant or some one in
his behalf or in behalf of the law or rs
amicus curae of the court, that since
the alleged commission of the Offense on
or for which defendant is sought to be
brought to trial, he. the defendant, has
become insane, and under the law can
not legally be brought to trial because of
that fact.
Fourth-It is not directly nor other
wise suggested to the court by any per-
son, paper or proceeding in any mode
known to the law, or in any other mode,
that the defendant has become insane
since the date of the alleged commission
of the offense. on and for which he Il
sought to be brought to trial.
Fifth-If this proceedings is allowed
to proceed it is calculated to work great
injury to the defendant in ways AMI
manners it is needless to mention, and
will not be mentioned in this place.
Sixth-This attempted proceeding ana
inquiry have already worked harm to
defendant which can not be healed and
is incurable because of public discussion
in an unfavorable manner of the sup
posed defense of insanity in this case,
causing the mind of the public to solidify
against the defendant and prejudicing the
minds of those who may be called to act
as jurors in the case-thus, among other
injuries, narrowing the circle Of jurors
to which resort might be had to form a
fair and impartial jury to try the case
on the plea of guilt or no guilt, even if
that can not be accomplished in Travis
county.
For this inquiry and proceedings to be
pressed to trial under these facts and
circumstances is tantamount to taking
the case out of the hands of the defend
ants attorneys. The defendant there
fore asks that this attempted proceed.
ingg or inquiry be dismissed and that the
law be permitted to take its regular
course GEO. s. WALTON,
II. II. MOORE,
WALTON & HILL,
Attorneys for Defendants.