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

Ply .hS iorsery cases against Burt, was
'ooJected 10 and the court ruled it out.
redirect examination by Mai. Wal.
Ton: DF. Burt told him that Bnrt's
mothers. father had been ad.
Judged insane and been in lunatic
asylum IN Georgia. A brother of his
wife had been in a lunatic asylnm and
asylum. VI an
Re-cross: At first such conversation
with DR.. Burt were apologetical but of'
forwards they talked very freely. Ex-
'cused. LA
DIR. TALLY.
Or. Tally of Temple said he was nearly
60 years old. Has known Rnrt toy
gears; Knew his mother and father
,Nas his mothers double cousin. Did NOT
know Burts mother while she was meg
nant with him. Knew the father of
burts mother, and he was declared in
sane IN Georgia; had guardian for three
years. hnew, slightly, Burt's mother
SISTER She was an invalid several years.
ana is SO now to some extent. Tally's
life in a violent form. Has a brother, n
cousin of Mrs. DR.. Burt, who has epilep-
'sy:, Has a nephew who suffers with
epilepsy. A cousin of his had epilepsy
and was considered an imbecile. From
family history: He had heard from DIR
Burt that Eugene Burt's mother while
she was bearing children, her health was
not good and he had to take great care
of her. From neuratic causes her health
was not good. DR.. Burt's grandfather
suffered with violent paroxisms and grad
ually went down into stupidity and died.
Cross-examined: His cousin lived in
nv, 4
twenty years. His name was Jeptha
Palmer, was about so years old when
he died. Was single man. Tally had
been in Texas thirty years. Had seen
him have fifty attacks of spasms was a
mere boy then. Did not know what
caused that epilepsy. His nephew vas
Clifton Tally and lived at Bartlett,
Texas. Is 80 or 33 years old, is single.
He is a slig Int epileptic. Saw him have
a fit about twenty years ago. Did not
know what brought on the attack. He
described an attack which he had in the
field. His brother is N. w. Tally; lives
in east Texas, and is AZ years old; is
married and has several children. 1t
had been twenty years since he saw him.
Has seen him once since he was married.
Saw him last time in Georgia. In 80,
go and '61 and during the war, when
he came home from the army he saw
him have the parOXysms. Described
his brothers symptoms during attacks.
He did not have the violent form tf
spasms. He did not know if he had had
a fall or what brought them on or what
induced them. Mrs. Dr. Burt's brother
died during the war. He only remcm-
bered that it was family history that his
mind was not all right. Eugene Burt's
grandfather on his mothers side, Silas
Palmer, is dead, but did not know how
old he was when he died. Did aot die
in an asylum, but died demented; but has
no definite knowledge as to just how he
died. At one time he, for three years,
had some one appointed to conduct his
business and farm for him. Did Tot
know how he lost his life Mrs. DR..
Burt's blindness and deafness-he did
not know what caused them. Her eyes
became infamed and she finally became
blind. Had heard that some mistake
was made in the treatment of her eyes,
or there had been some neglect. Tx
cused.
DIR. D. r. WALLACE.
He said he was suffering from neil
ralgia and had taken q half grain of
morphia, but would make himself as
clear as possible. He was Il years cid
on November 10, 1896. Had been
doctor forty-fve years. Had been en-
gagged practically in lunatic asylum man
agement from "a to 70 at the Austin
asylum. Went to Terrell in 1888. 1t
was opened in 1885 and he remained
there in charge of it, until 1891. Now
makes a specially of nervous diseases
and insanity. Practiced general medi-
cine for twenty-one years, up to 1874.
Has not practiced generally since then.
Saw Eugene Burt for the first time
casual, cursory examination of him, such
as is possible in Il visit to a man III
prison. He was with him for half an
hour, Had seen him during this trial,
sitting in his chair; had not seen him
come in and go out of the court room.
He was then asked, from what he had
seen and heard during the trial, cs-
pecially the testimony of Drs Smoot and
Tally, what his opinion was as to Burts
sanity. His opinion, he said, from The
testimony and surroundings, was that he
did not regard him as insane in the ordi-
nary acceptation of the term; but he was
of an unsound mind in that considera-
tons of right and wrong did not have
the same force with him as upon nor
NAL mind He regarded Eugene Burt
"a degenerate or moral pervert. Cribs
created tremendous sensation al
through the court room, and hushed eX-
pressons were heard everywhereD lie
explained that by moral perycrt' he
meant "a person not actuated by such
motives as control ordinary mortals.'
In making this statement Dr. Wallace
wanted it distinctly understood that he
said nothing about Burt's responsibility
for his acts under the law; that was a
question for the jury. He said he made
up his mind not alone from the family
history, as given by DR.. Tally, for Burt
could be a sound man in spite of that;
not alone from the incidents as detailed
by DR.. Smoot of his early weakness and
and later crimes, for men nave
been known to do much worse, and ,
worse children to have lived: and, finally, |
not alone from the terrible crime of kill !
ing his wife and children, if he did it, |
for men have committed worse crimes:
but he made up his mind from all these
things combined. So upon all OF these
things he declared his opinion was mat
Burt was moral pervert. lie was
asked if such an act as the brutal killing
of wife and children, with or without
would be in harmony with q
moral pervert, and he replied that 1t
would. saying if he had a motive it
would be with reason: and, if he did It
with motive, he had the power of will
TO resist doing it. He regarded Burt IS
Il congenital moral pervert, who had also
In further explanation of
what he meant by moral pervert, DR..