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

Roscoe Burt had pet spotted rabbits
One day one of them disappeared and
DR.. Burt went out to look for it. He
came back and called DIR. Smoot. who
was at the house, out to the back of the
lot. where they found the rabbit was
fat on its belly with a 20-penny spike
driven through it into the ground. Eu
gene confessed that he had done it and
did not attempt to deny doing it. When
questioned, Burt said he was not mad
with Roscoe and did not do it to hurt
him, but said his father was doctor
and he wanted to be one, too; so he
thought he would cut the rabbit up to see
what it would do and how it was made.
Dr. Smoot did not think this an indica
ton of insanity, but it was an exceeding
ly cruel act.
He had in recent years for n long time
considered Burt a very bad man and
had had no use for him. Before he was
married he went to DR.. Shoots house
and said he wanted to see him. He
asked DR.. Smoot if he knew the Roman
Catholics We're going to take this coun-
try and put protestants to death. He
said he had gone to his house to warn
him so he could take flight or turn Cath
Ole. But DIR. Smoot thought he was in
toXicated and told him to go away from
his house Burt became very angry when,
DR.. Smoot would not believe him about
lllt SulHullCS, anu Sult Ht COulu lulusHa
him, as his yeracity had been doubted
DR.. Smoot told him to go or he would
give him the best spanking boy ever
had He went away mad and abusing
him. This was about ten years ago,
shortly after his fathers death. Next
he came to DR.. Smoot, asking him to
sign papers to have his liabilities of
youth removed so he could attend to his
own business. He showed DR.. Smoot Il
tn tbpt pffpnt SiupaI nv hath his
bothers. This afterwards proved to be Il
forgery of both his brothers names.
He got into other forgeries later on.
Then his wife and Eugene came to see
DR.. Smoot to get him to sign paper so
he could get counsel through it and the
interest of his father with the lawyers.
DR.. Smoot refused to sign and advised
that he employ a lawyer. Burt became
abusive and DR.. Smoot asked his wife to
take him away. DR.. Smoot had not re-
ceived Eugene Burt's children into the
church, as his wife was a Catholic. After
the visit of Burt and wife to him he de-
cided to have nothing more to do with
him. Had nothing to do with the bond
for Burt when he was put in Jail for for
geries. After he got out of Jail DR..
Smoot tried to get him a situation, but
was met with a universal refusal. The
morning after the murder. Saturday
morning, at 8 O'Clock, as he got about
Bosche's laundry, on the Avenue, he met
Burt. They spoke. Burt said: %Good
morning, DR.. Smoot.' DR.. Smoot replied:
Good morning Gene" He said: How
is Mrs. Smoot? DR.. Smoot said: "She
is well, how is Mrs. Burt and the chill
dren" Burt said: "They are very
WELL"
Mr.. Burt had told DR.. Smoot a great
many things in confidence after the
purse and rabbit incident. DR.. Burt said
while Mrs. Burt was pregnant with Eu-
gene, at times she was a raving maniac,
and had to be watched and guarded.
Hence he was the more solicitous about
Eugene. DIR. Burt cautioned him not to
tell anybody, and he had not referred to
it until this trial came up. Dr. Smoot
had not betrayed DR.. Burt's confidence.
Cross-eXamined by Mr.. Burleson: Burt
stole the purse, did not deny it, and
seemed to have no shame about it.
Could not say it is common thing for
children between and II years of age
to steal; but many Of them do it. He did
not accept the rabbit incident as an evil
dence of an unbalanced mind but he re-
garded it as very cruel act. Admitted
that great many children at that age
Is years. are very cruel. Impression
made upon him by that conduct was that
he was very abnormal child-he talked
so unblushingly and indifferently as to
the suffering of the innocent rabbit
The Catholic incident he believed ex-
plainable by Eugene's being drunk Many
people have the same thought about
Catholics taking the country. A politi-
cal party is now based on that fear. Burt
attended DR.. Shoots church as a bap-
| tized non-communicant up to the time of
his fathers death. The disability mat
| ter impressed him with the idea that
Burt was a confirmed rascal"
An attempt to elicit a repetition of
| what DR.. Smoot said to Mr.. Burleson as