The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1896-11-26
BURT Trial STARTED.
EMPANELLlNG OF THE JURY
BEGAN YESTERDAY MORN
ING AT 9 O'CLOCK.
ONLY EIGHT JURORS WERE SECURED
THE SPECIAL vENIRE OF 100
MEN FAILED TO BE ENOUGH.
ANEW VEN|RE OF FORTY ORDERED FOR TODAY
Much Interest Was Attendant Upon
the Case Yesterday, and the Court
Room Was Packed, Many La
dies Being Present
THE SPECIAL VENIRE OF 100
MEN FAILED TO BE ENOUGH.
A new VENIRE OF FORTY ORDERED FOR TODAY
FROM THURSDAYS DAILY.

FROM THURSDAYS DAILY.
Yesterday was the day on which the
regular trial for murder against Eu.
gene Burt was to be tried. As on pre-
vious days on which this case was to
he heard, the court room began to fill
up as early as o'clock, though the case
was set for 8 o'clock. BY $50 o'clock
a big crowd had gathered, and among
the number of spectators who occupied
prominent positions on the front row of
seats just outside the railing were no.
ticed a number of prominent ladies,
though in close proximity to them there
lowered quite a number of the colOred
women, who have manifested consdera-
bic interest in this case since its in
cipiency. In the rear there was a mot
ley though very orderly crowd, and when
Judge Brooks assembled the stand, at
9:15 o'clock, the court room was fairly
alive with interested spectators.
AS soon as Judge Brooks took his
seat Sheriff White opened the court with
the usual cry, and District Clerk Hart
called over the list of the special venire,
though of the original 120 men about
one-third had to be excused for various
reasons, and therefore only about seven
ty-five names had to be called.
AS soon as this was completed and
the judge signifed that everything was
in readiness, Maj. Walton, for the de-
Tense, filed Il motion charging that de-
PENDANT complained of a defective in
dictment, and took exception to a prose
cution of the trial. The motion reads
as follows:
The State of Texas VS.. w. Il. Burt:
And now comes the defendant and
through his undersigned attorneys, says
to the court that he demurs, objects and
excerpts to the indictment i'll this case
for the following reasons:
First-It does not clearly charge an
offense against the laws of the state OF
Texas.
Second-It is duplcitous. 1t is I'M
certain. 1t is ambiguous.
Third-It uses copulative allegations,
whereas they should be alternative.
Fourth-The cause of death is not eX-
plicitly set forth.
Fifth-The instrument or instruments
of the death cause are not clearly, ana
definitely set out, nor the part each IN
strument played in causing the death
GEORGE S. WALTON,
Il. II. MOORE,
WALTON & HILL.
Defendants Attorneys.
The exception was overruled.
The defendant then stated that an ap-
plication would be made for continuance;
signed by some of the parties who signed
the previous application, and that lhe
reasons for continuance would De uus
set forth in the petition. Inc state'
through its attorney, objected 10 thls'
saving that unless defense coulu slule
who would make the application tna' NJ
would object to deiayinS, the ttlai f for
an introduction of it. The moti9n ior
cnntinuance. as then made by the de-
fense was oyerruled and the defense
took execution and gave notice to tha'
effect. .,oo o,,dorod
that both sides should make ready 1oi
trial. u... - tho do.
ooosed Mrs. Burt, came in ana TOOK
scat behind the states attorney, "nert
she will remain during the trial to ASSIST
the prosecution. about 20 daclore
,,oody District Attorney Burleson as,
covered that Minnie Simms, one VI .ne
nrincipal witnesses for the s,dte VIE
missing. He made several pupilc ,E FL,
for her and met with no response i n ;,'
he made several special appears !" no
diyiduals and ascertained tnat ho Iore
had seen Minnie since Mohq Hs,rrhodv
was a little bOmbshell. Eee VIZ he bc-
looked at everybody else, anu fau SHnI davs
,s5.han witnesses were locked away III q mi
'rnons to keep them from testlfyins. In.
eeourt was Mt rest for the next nan nour'
waiting for Minnie to put IN an r. aP I,t,;
ance In the meantime Sheriff WIZ wiz.
rnt cevaral of his deputies out husti III
e.. Minnie and as time rolled by tne
4 toi crew General that Minnie had taken
Ia.M Ieaye At 1910, however, NH.
,,io came into the court room' en.iiJ ~
n l of breath. and explained tnaI Sne
had ba been detained. and the triai pro-
ceeded. oro,;no n Jury
,,,as tho first order of business, anu ~
M roc more rapidly thah was '
pected. Ill, s> John Ross,
,nd after the customary eAa tnr,so and
bn was challenged by the delehse anu
had to step aside. .ho next man
g. w. Strickland was tne dnr the de-
up and he went down ais also A unagd ' Klein
tbe third man up for Investigation cause
'ns Sta STANLEY was ruled out f da,v gau for
md ID n H Oberwetter went DOWN i''
Jacob OFT said that he was aps iiddsu'
and i he likewise had to step step d hT chal
le1se iff Duncan was the first man ann ag,eih in
oh J,c to both sides, and he was S"oin ~
a aud seated a in the jury box. Cor cause
vS 5he' j. T. D. .O Campbell was accepted anu
sworn in. .r,od ont for cause.
= R r., was placed on the nni S,amc
f ana s he had read Of the crime eod in an Ge
rilu. but whenever ne aei,p turn
NEW thin sp IN newspaper he generally E;on o in
tmng So III and formed his conclusions b M
ee n the opposite directlofat ~ rfu Waking