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

was accepted by DOtn SIDES.
Dan Ross, the next man up, was |
challenged by the defense
NJ. II. Matthews, f. Gibson and Full |
ton Jones were all ruled out for cause.
II. h. Winfrey was the next man up |
and proved acceptable to both sides and |
was thus sworn in as the tenth juror.
A. w. Wroe, the next man up. was
ruled out for cause, while NJ Il. Hendel |
was challenged by the defendant.
j. ]. Hildinger, the next man up, was
accepted and w. S. Blue was rejected
by the defendants.
w. L. Davis was ruled out for cause,
and w. A. Matum, the next man up,
was accepted. thus making the twelfth
juror and settling the matter of the
twelve men who are to decide Burt's
guilt or innocence. The balance of the
venire were excused, and after nine chal-
lenges on the part of the Slefense and
six on the part of the state, the jury was
acceptable to all. AS selected, it is as
follows:
]. 4. Duncan.
J. ID. Campbell.
y. B. Walber.
VIM. Wilson.
J. A. Killen.
J. T. Stanley.
S. NJ. Qiuck
VIM. Smith.
s. II. Cloud.
| Il. Il. Winfrey.
j. j. Hildinger
w. A. Matum.
With the selection of the jury, District
| Attorney Burleson read the indictment.
AS he did so he mounted the stand, and,
turning full face to the prisoner, said:
''Eugent Burt, stand up" Burt paid not
| the slightest attention to him. lie re-
peated the request, or rather command.
Burt still paid no attention and did not
| even look as though he knew he was be-
ing addressed. At the third request, Mr..
Burleson said stand up in a loud voice,
at the same time indicating with his
finger an upward motion as an evidence
of the fact that he wanted Burt to stand
up. This time he was successful. With
out saying word or changing single
muscle of his face, Burt placed his hands
on the chair in front of him and slowly
raised himself to standing position,
| facing Mr. Burles0n. He never changed
his position during the reading of the in
dictment, but gazed steadily at the dis
trict attorney like a man who was fas-
cinated. Not line in his face moved,
not muscle in his hand trembled, and
he was outwardly 1000 per cent cooler
than hundreds of the excited people who
| were standing around looking at him.
After the Indictment had been read and
the question asked as to whether the
prisoner was guilty or not guilty, Maj.
| Walton. as attorney for the defense, arose
and plead mot guilty" District Attor-
ney Burleson then went over and read
the indictment to the jury. In the mean-
time Burt was still standing. His face
never changed expression, nor did his eye
falter in the least. He looked steadily at
Mr.. Burleson all the time and his eye
| n
but he did not change a muscle of his
face or show any movement looking to
regaining his seat His attorney, Mr..
George Walton, turned around in his
chair and nodded to him, or rather looked
mt him, and Burt sank slowly back into
his seat.
BY this time Mr.. Burleson had con-
cuded the reading of the indictment to
the jury, and Attorney Buck Walton for
the defense likewise renewed his plea of
mot guilty"
With this complete, the business of
swearing in the various witnesses for
both sides was begun. All the state wit,
nesseS were first collected, sworn in and
placed under the rule and then dismissed
from the court room, while the defense
did likewise with their witnesses. When
all witnesses had been sworn, the news
paper men and the physicians who come
in under the head of expert testimony,
were relieved from the restrictions of the
rule and were allowed to come back
into the court room and listen to the
evidence.
With the conclusion of these prelimi-
nary movements the first witness for the
state. Mr.. Burt Mcdonald, was called to
the witness box at 1850 o'clock. Mr.. Me
Donald's presence on the stand was sim
ply for the purpose of explaining the full
details of map that he had drawn
showing the floor plot of the house where
Mrs. Burt and the children had been
murdered and showing how the various
passage ways connected and how to get
from the upstairs to the cistern, per-
son would have TO so.
Mr. Mcdonald, in reply to questions,
stated that he was an architect by pro
fesson; that he had made the map that
way laying on the floor spread out; that
it was the floor plan of house, No. 207
West Ninth street. He knew where MIR
Warmoth lived; it was next door, Mr.
Rutherford's house was next door on the
east side. and that the house at No. 2O7
is between the two houses. He then de-
drawn it, and explained that if man
was in the upstairs bedroom On the side
next to Rutherford's that he could get
rid of an object in two ways; that he
could either throw it out of the window
or he could carry it down stairs; that
if he did throw it out of the window it
would light right at the window. in the
basement. Mr.. Mcdonald went into an
explanation of the details of the houses
construction for the benefit OF the jurors
He concluded his direct testimony by say
ing that he had never seen the cistern
until about week ago, and that it was
thanked uD then.