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

ed court room to the house on Ninth
street, the scene changed from day to
night. Many were the pictures that
We're doubtless drawn of the scene en-,
acted there that night. Every one
agreed, doubtless, in their own minds
that it was something strangely peculiar
in the presence of this child at a muir
der trial. Something that seemed to say
something about the living and asking
for consideration of the dead. 1t was
peculiar, it was touching, it was nothing
in itself, yet it was a great deal 1t
turned the channel of thought into that
passage where all the world grew more
akin and all said that childhood is the
carefully guarded.
nine, but only few, when the prisoner
walked in and took his seat yesterday
morning, looking very fierce and with his
hands rather inclined to clinch one an
| other. AS he sank into his seat he fas-
| tened his eye on the writer, who hap
pened to be seated opposite him at the
table, and for the space of minute at
least gazed at him with lowering brow
and cold glitter in his eye. The look
was one that would pierce man through
and through, and was certainly not cal
culated to make any one feel any more
| pleasant. TIe soon settled back in his
| chair, however, and ere long was in a
semi-drowsy state, as is usually the case.
| He continued in this condition of
drowiness all during the morning ses-
| sion, though when his brother was testi-
| flying, he was not quite so sound asleep,
moving his head every once in while
dom opened his eyes, and never looked
around him. Upon the conclusion of the
trial he marched back to the Jail, as
usual under heavy guard. Last after
noon he was more wakeful, but conduct
ed himself quietly throughout.
| At the morning session there was not
quite so large crowd at the opening as
morning, it is highly possible that the
ladies had to look after some family
duties before coming; at any rate there
were not so many there during the .irst
hour as is generally the case. They
came flocking in later, however, and all
the REGULARS" We're ready to answer roll
call by 10 o'clock. While there were not
so many men present at the opening, they
also soon came in and filled the court
room to suffOcation, so that, while tride
| late, all the admirers of murder trials
were soon on hand and ready for bust
ness. During the day the taking of tes-
| timony for the defense was continued,
| The most important witness of the morn
| ing was Roscoe Burt, the full brother of
| the defendant. Roscoe Burt testified, in
substance, that his brother was a thief
and liar and had never, to his knowledge,
shown any symptoms that he knew what
pity was. Mr.. Burt testified that he
| knew his brothers handwriting and, IN
compliance with the request of the dis
| trict attorney, identified quite a number
of notes as having been written by the
| defendant These notes have not been
introduced in evidence as yet and are,
therefore, not for publication. Their in
PRODUCTION was intimated in yesterday S
paper. The statement made in yester-
| days issue to the effect that the sensa-
| ton would be sprung depended ON cir
cumstances. The evidence of the de-
| PENDANTS brother, Roscoe, gave rise to
the opportunity yesterday, and the state
quickly availed itself of it. The papers
were to have been introduced in evidence
| last afternoon, but the attorneys did not
get an opportunity. They will be intro
duced in good time, however. They are
letters written by the defendant to sew
eral prominent parties in the city and
also one or two notes addressed 10
Cooper. Another note is to the people
statement of the defenses on various
matters. These letters were written in
Jail recently. The trial last afternoon
developed nothing new or sensational.
| DR.. Swearingen and DR.. Davis were the
two medical experts of the afternoon,
| and their testimony will be found in the
proceedings below. The only thing that
created a stir last afternoon was the
breaking Of a window pane by accident.
AS the glass fell out. with a loud crash,
| everybody jumped-everybody. No, there
was one who did not. That one was the
prisoner. He paid no more attention TO
the breaking of the glass than if it hadn't
happened.
THE TRIAL. ...
The court room was not quite so full
at 9 O'Clock yesterday morning as is gen
orally the case at the opening hour, but
the crowd kept coming in until soon after
the opening it was packed.
Burt came in at O'Clock under escort,
as usual, and Judge Brooks taking his
seat, the jury came in and the court was
ready for business.
Attorney George Walton opened the
case by presenting the various indict-
ments found against Burt by the grand
jury for theft and forgery, etc. which
he offered in testimony. The first in
dictment introduced in the case was the
one for obtaining the diamonds from
Vredenbrirg and disposing of them.
j. l.. Vredenburg was called to the
stand as the first witness of the day. He
testified that he knew Burt That he
had transaction with Burt about some
diamonds last year. That he had let
Burt have a pair of diamond ear rings
to take home to his wife to see whether
they would suit her or not. The
diamonds were valued at S140 They
were to be returned the same afternoon.
Burt took them away about noon. The
next time ! saw the diamonds. said the
witness. Joe Koen had them. Burt
came up and told me that his wife had
the diamonds and had gone over to Fair
view Park.
Here the witness read several notes
from Burt written to him explaining
about the delay in returning the dia-
monds.
The notes in question, as read, were as
follows:
Mr.. Nredenburgh: Dear Sir-Excuse
me for not appearing in person, but
buggy is waiting to take me over in
Fairview Park where my wife is spend
ing the evening. We will not return I'M
til late, but | will get rings and deposit
them in Mr.. Ecks safe until morning.
we can make satisfactory arrangements
by that time. pledge you my word that
by 10 a. m. tomorrow everything will be
thoroughly satisfactory Yours.
w. +. BURT.