The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1896-11-12
ASK FOR Change OF VENUE
THE LAWYERS OF EUGENE BURT
FILE THE NECESSARY
PAPERS THEREFOR.
DIST. ATTORNEY BURLESON'S REPLY
The Lawyers of the Defense Spent Some
Time With Burt Yesterday Morn
ing, Mapping Out Their
Line of Defense.

AS was anticipated, the Burt case
took new turn yesterday in the filing
of a motion for change of venue. This
motion was filed about noon, and before
the ink on it was hardly dry. District
Attorney Albert Burleson and Sheriff
White had their answers filed to offset
the petitions, and both will now have n
hearing the first thing Friday morning,
as soon as the case is called. The petit
toner, Eugene Burt, backed by four wit
nesses, w. II. Stacy, w. G. Eyres, JAS
Nj. Hall and Walter B. Corwin, claims
that he can not get fair and impartial
trial here and asks for change of
venue. This charge of the defendant in
the case is offset by the district attorney
and sheriff, who claim that the petitioners
are not in position to make such state
ments, and that they are without foun-
dation.
This petition for change of venue
will have to be considered the first thing
Friday morning. and in case it is
granted, the case will have to be tried
in Georgetown, that being the nearest
court house to this, and out of this
county.
While the case is being considered in
the light of the petitions filed yesterday,
it is we'll to note that the defendant is
preparing to make fight for his life. As
stated in yesterdays issue, on Monday
morning corps of physicians called and
examined him as to his sanity, and while
it is generally believed that that will he
their main defense, some seem to think
that possibly an alibi defense may be
brought into play, Yesterday two of his
lawyers, namely, Maj. Buck Walton and
Geo. Walton. the other being w. s.
Crawford of Dallas, spent several hours
in close confab with the prisoner and
they spent some time outlining their
plan of defense.
1t is understood that quite number
of witnesses will be brought in at the
proper time, and it may be possible that
they have something under cover that
will be interesting.
A Statesman reporter, who has mildly
intimated several times of late that ne
would like to see Burt, was again
turned down yesterday with the assur-
ance that no one could see him.,
Burt is in good health now and has
actually gained in weight since his con-
finement.
The petition of Burt and his hackers,
asking for a change of venue, is as
follows:
The State of Texas VS.. Eugene Burt. In
the Twenty-Sixth Judicial District
Court of Travis County, Texas.
And now comes Eugene Burt, the de-
PENDANT in the above entitled cause and
states upon oath that there exists in
Travis county, Texas, so great a preju-
dice against him that he can not obtain
n fair and impartial trial of this cause
in said county; wherefore, he asks the
court to change the venue of this cause
to some county that is free from this and
other objections.
(Signed) EUGENE BURT.
The affidavit of the applicants of Burt's
reads as follows:
We do solemnly swear that we are
residents of Travis county, Texas, the
county where the prosecution of said
case was instituted: that we are IN
formed of the contents of the applica-
ton for change of venue, this day filed
by the defendant, Eugene Burt, in the
above entitled and numbered cause, and
we are cognizant of the matters therein
stated and that there does, in fact, exist
in said Travis county, Texas, so great Il
prejudice against him, the said Eugene
Burt, defendant, that he can not obtain
an impartial trial of said cause in said
county.
(SgneO w. II. STACY,
w. G. EYRES,
JAS. M. HALL.
WATTER r. CORWIN