The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1896-11-19

borhood, and believe he can get fair
and impartial trial in this county"
Mr.. d. A. Todd testified that at the
time of the murder he heard it discussed
great deal, and generally it was assum-
ed Burt was guilty.
Cross-examined, he said: Burt can
receive fair and impartial trial in Travis
county: l am satisfied of that"
MIR. E. e. Wintry of Webberville had
heard the crime unfavorably discussed
as 10 Burt.
Cross-examined: II believe Mr.. Burt
can have an impartial and fair trial in
! this county,"
Henry Radam testified that he lived at
st. Elmo and had heard the case talked
about To a suggestion, he said: "All
guilty."
Cross-examined, Mr.. Radam said Mr..
Burt could get air trial. "He can get
lit in my neighborhood."
This ended the testimony, and Judge
| Brooks quietly said:
The motion is overruled."
The state announced ready.
The defense then called their list of
| witnesses as follows: Rev. II. X. Smoot,
DIR. r. M. Swearingen, DIR. Worsham, DIR.
| Daniel, DR.. ]. w. Mclaughlin, Col II.
| a. and Mrs. Rutherford, Miss Lizzie
Rutherford. Mr.. and Mrs. ]. w. War
moth, w. Nj. Harris, X. G. Miller and
John Nelson.
| All had been served except DIR. Ne.
Laughln, and were either in the court
room or city and could be brought into
court at any time.
DIR. Mclaughlin is in Mexico and had
not been served
Counsel for defense consulted briefly
and asked for time to prepare a motion
for continuance, stating that DIR. Nc
Laughlin had assisted at n medical eX'
animation of the defendant and that his
testimony was important.
Time was granted, and after about al
hour and a halfs absence, the applica
ton, sworn to by Mr.. s. NJ. Burt was
read to the court. 1t says:
1T is expected to prove by the witness
that he was the family physician of Mr.
Eugene Burt and family, and had beer
for long time, and that he knew the
relations existing between Eugene Bur-
and his wife, Anna Burt, and between
Eurene Burt and his daughters, l.. Bur-
and II. Burt, and defendant also expects
to prove by said witness that the rela
tons existing between Eugene Burt ant
the several members of his family wer,
the most kindly and affectonate, ant
that there was not existing in said family
any hard feeling or trouble and that this
affection had existed between the mem
bers of said family ever since Eugene
Burt married his wife, Anna, and sale
children had been born.
"And it is expected to be proved by
said witness that he has carefully ex
amined Eugene Burt since he has beer
confined in the Jail and that from sale
examination he, the said ]. w. McLaugh
lin, was of the opinion that Eugene Bur
was then and is now of unsound mine
and is now and was then morally ant
intellectually insane. 1t is further ex
pected to be proved by said witness tha
he is a physician of many years prac
tice and large experience and that thu
said Eugene Burt's mind is so defective
or diseased that he does not and cal
not distinguish right from wrong"
An affidavit by the attorney for thu
mind was and is in such condition tina
they have not been able to consult will
him about the case.
The court held that the case had beer
filed on the 18th of October and thai
the evidence showed that the subpoena
for DR.. Mclaughlin had not been issuet
until November g. and therefore due dill
igence had not been exercised, and thu
motion for continuance was overruled.
The roll of the special venire was thcl
called and several were excused
Court then adjourned until this morn
ing at 10 o'clock, at which time the worl
of securing jury will begin.
Hon. e. II. Moore last afternoon en-
tered the case as one of the attorneys
for Mr.. Burt.
Hon. w. L. Crawford of Dallas is moi
in the case, nor has he been.