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


ing from outward appearances.
He was always busy. / have seen him
cooking in the kitchen, breaking the ice,
etc. as well as mailing around the place.
Cross-examined: He was only doing
the usual and ordinary duties around his
heme. There is rock fence between
the two places. The rock fence is about
two feet high in front and seven feet
high behind and A plank fence six feet
high is ON top of this. ! had the fence
put on there some time ago for self pro-
lection, there being some neighb0rs next
to me. | could see Burt's front gallery.
| was at home on the night of July a.
| did not hear anything at all Il dont
know whether l saw him out with the
with him about anything that happened
to come up. Nothing out of the orqi-
nary. While | was talking to him lie
appeared to be a sane man.
Mrs. II. A. Rutherford testified that
she lived in the house adjoining Burt's
that he had moved in there about Feb-
ruary. Il never visited in the family
but | never heard them address one an
other save in the very kindest tone.
have seen Mr.. Burt in the kitchen cook
| ing and helping his wife,
| Cross-eXamined Il noticed during his
| residence there that he was worried
No. it is not an unusual thing for mar
ried people to be worried. | talked with
him occasionally about the weather or
| any ordinary subject"
Miss Lizzie Rutherford: Il knew Eu-
gene Burt and his wife and children. /
was not personally acquainted with his
| wife, but knew his children. | saw Mr..
and Mrs. Burt together. l never saw
anything happen that would indicate
any trouble between them. | have seen
Mr.. Burt playing with the children often.
| have seen Burt helping his wife around
the house,
Cross-examined: Il never saw anything
out of the way about him. saw him
late on Friday afternoon. | have seen
him helping his wife about the house.
have talked with him several times. |
believe | talked with him several times
about the children. There was nothing
out of the ordinary in our conversation.
however. | never saw anything out of
the ordinary with him at any time.
never heard any noises on the night OF
July 3"
Mrs. ]. H. Warmoth testified that she
knew Burt and his wife and children.
Il lived Just west of them, and my house
is probably five feet distant from theirs.
There are windows on the east side of
my house next to his There were four
windows in the Burt house next to mine,
| There are six windows i'll my house on
the side next to Burt's. L have seen Mr..
Burt and his family together He al
ways seemed very fond of his wife and
children as far as l could see | never
heard anything unpleasant take place. be,
| tween them. He seemed to be very fond
of the children. | never heard of him
treating the children or his wife harshly.
| Cross-eXamined. II talked to him on
ordinary matters. l don't know of his
having any business. He was Mt home
most of the time. He was almost al.
ways around with the children and
doing little ordinary things that Il man
would do around the place. / was at
$50 on that evening, but returned be-
fore II o'clock. Before left that even
ing | saw Mr.. Burt and his wife sitting
on the front gallery. During that day
| noticed nothing unusual in his manner.
did not see him going into the stable.
Several days before the 9th | saw him
| coming from the stable with a sack iii
| basement with it, where the cistern is.
My bedroom is on the side next to their
house, but they were in the east bedroom
of their house. which is across the hall,
and made the hallway in their house and
the west room in their house between
my bedroom and theirs. l was disturbed
during the night but | don't know what
| llIllp IL was. ouE SlTlkpS Oh
half hour, and don't know whether it
was at $50. 1 or 1870. / heard the
clock strike one three times. l don't
think l was asleep any during the time
| heard a deep horrible sound. 1t was
simply horrible. l went across the hall
to the room where a friend of mine was
sleeping and then went into the room
where my children were. | afterwards
went out on the gallery to see if !ould
nj o,,tx hat Int
couldn't and went back to bed. After
l had gone back to bed l heard a child
scream once, only once. | became very
nervous; oh, so nervous, and got up
again. l thought somebody was in the
house. | heard tip, tip. like somebody
was tip-toeng across the floor. l finally
thought that it was a cat out on the
gallery. | heard Il door shut soon after,
but L can't say in what house the door
was was awake until about 4 o'clock,
but did not hear any more noises, and
finally went to sleep. The next day |
saw him on the front gallery. He bowed
to me. | noticed nothing unusual in his
looks. When | got up that night |
didn't strike a light"
! Mr. ]. H. Warmoth testified that he
knew Burt; lived next door to him,
| There was, about six or eight feet be-
tween the two houses; '.As far as
could see. Burt and his family were
agreeable to one another. | saw him
frequently passing about, splitting wood
and doing such other things as a man
would naturally do about his house. /
have seen him with his children. IIe
always seemed very pleasant" ,
| Cross-eXamined: 81 never knew
whether he was in business or not.
never noticed anything out of the ordi,
nary with him. | never talked to him
much. He was not inclined to talk
much, l didn't think. l was
at home on the night Of
July "a | think | saw Burt that day
l went to bed about $50. did not hear
anything that night. l didn't wake up.
o. ii. Gibson, e-cross-eXamination
81 do not recollect the date during July
that | was called to Burts house. II
might have been on the oath. | went t.
where the cistern was. | don't know
what room it was IN. The ciStern wa.
| cOvprnl IN plumh tipht | don't know