San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1896-11-22
BURT MURDER CASE.
DAMAGING TESTIMONY OF HIS
EARLY LIFE.
But he Seems to Have Successfully Es-
tablished His Hereditary Insanity.
A Thief and Forger.
Special Wire to Sunday Light.

gan rapidly filling when court opened
at $50 o'clock a. IN. Every seat in
side the reserved space was occupied
by the ladies.
The defense began their testimony
today and had great array of medi-
ical experts who testified as to the
sanity of the accused.
The prisoner attracted the same
amount of attention as he did yester-
day. The same glare was in his eyes,
and he eyed the spectators upon his
entrance just the same as ever.
There is a story going the rounds
TO the effect that the medical experts
for the defense are going to testify
that Eugene Burt is a sane man. His
actions give him away, and during
the proceedings last afternoon. when
vital testimony was going on, he
would appear to be sleeping. Then
when the evidence was light he would
somewhat arouse himself and look
up. This was noticed more closely,
yesterday. When Sheriff White tes-
tilted Burt got very sleepy.
The defense stated to the jury their
half of the case, also the facts they
intended to establish, the principal
defense being insanity. Major Wal
ton stated that the children were
murdered at the same time. He also
said that the defendant always treat
ed his wife with the utmost respect;
that his grandfather was insane,
likewise aunt and uncle, on the moth
er's side.
DR.. Graves was the first witness
called by the defense. when | eX-
amined the dead body of Mrs. Burt
there were two other bodies in the
room. Both little girls. They had
wounds on the side of the head, made
with a blunt instrument. l saw the
bodies; they were nude: rag was tied
around the necks of the children. As
to his sanity the doctor testified he
believed defendant sane and was act
ing part when he appeared to be in
sane.
The undertaken, the female servant
of the Burts, and II. A. Rutherford,
next door neighbor, also testified. The
latter saw Burt on Saturday or Fri
day before the murders, and did not
hear anything unusual that night.
Mrs. Rutherford also testified, saying
Burt was sometimes much worried,
though he was kind to his family,
helped his wife do the cooking and
took the children out walking a great
deal.
Mrs. J. III. Warmoth, also next
door neighbor. testified to the same
facts. She said:
81 saw Burt come from the stable
and enter the basement of the house
near the cistern. Our bedroom is
west across the hall from the MILL
gan house. heard a noise that night.
/ do not know what time it was. The
sound was like a deep hollow sound,
and terrified me. / could not go to
sleep any more. The sound was aw-
full. 1t was not long until l heard a
child cry. and some one moving
around. l thought someone was in
the house. / couldn't go to sleep and
heard the clock strike 4. l heard a
door slam, but l do not know where
the door was. There is door in the
room where the Burt family sleep. l
saw Burt the next day two or three
times. and spoke to him late in the af-
ternoon. | never noticed anything
WTOUS Ill Ills liz '"S
moving out his furniture. He recog-
nized me. and merely bowed his head.
Mr.. Warmoth and Officer Gibson
testified Both had known him well,
and Gibson and the next witness, w.
w. Harris, had been acquainted with
him for many years.
When court adjourned for the noon
hour a crowd of ladies rushed into
the court room for the purpose of get
ting the seats made vacant by those
who had listened through the long
hours. and by l o'clock every seat
was taken. and the ladies continued
to pour in.
A criminal occupies the same cell
with Eugene Burt and every night
Burt tells him what happens during
the day. At one time he told him
that it was a terrible strain to sham
insanity. but that he was compelled to
do it, The story comes from the jail
or. as the criminal keeps him posted.
The hardest blow dealt him this
morning was by City Physician
Graves, when he swore that Burt's
demenor in court was not the same
as it was in Jail.
George Walker, the young man that
placed the scraps of paper together
which he found at the Burt home af-
ter the crime, testified that he visit
ed the house where Burt lived and
went up stairs into the room and
in the fiue hole he found an iron
washer. In one part of the room he
found a piece of plank that had been
taken up. There is where the pump
handle was found.
Rev. DR.. Smoot testified to intimate
acquaintance with Burt and Burts
parents. Burt's father told him one
time that Eugene had stolen a purse
from lady and hid the money under
a rock to have it turn into gold. The
purse was returned; the boy was not
prosecuted. At one time Eugene kill
ed a pet rabbit by driving nail
through its neck and pinning it TO the
ground. He said he was going to be
a doctor and wanted to cut it up to
see how it was made. Ten years ago,