The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1897-12-23

aeon right and justice in protesi;n Ia,
al this wrong peipe!I"I''
= his life taken from MN = d.fansr
..sit- ~ protests that ms qcI a ,So
;,,Sanity and he ifresponslbIe toi Al
-, fnr YAM of mind. if n iact ~ o!,i
t,,r5arnus act charged 20 MN; a.. 49,,
g u"L.., -. m right. justice anu IN
e. coA'i io,,: IN force in Texas ana u
nm. NM states on this subject nut
,,.as raCuired to prove tnal ~
y.be1 ne was on his tFiaI l''
- burden not 20 be placer y" ~ ~
a. declared by the supreme CO"''
He saws that the rule put Oh .i.id tt,'a an.
me rnle Of savagery. OF suptLslI'',yr-a Hr
mat which was in vogue " i IN. live
we're burnt as witches III"
were taken as sOrceTeIS. ,,.rsod oui
"Seventh-That the rue e IN case re-
affirmed by this court y M TINS r;z mat
n-e7v man Shall prove that ne Is clS ri
l. renrires that Intelligent action S''"''
az rom an uniutelligent source, ;o,,r.
HV .Tr;abLTth-The court being intellisGiHii'
I'D sane requires proof from uhln! .;n
anu AMI insanity 10 guide It's acton;
-.o,nsirion that sets reason aslue al.
. - itse'f ON the throne OF unreason'
l. ro+ believed that this propos!tioIs W" ~
stsnd the test Of the CIVILIZATION Vi '"0
day. shot under the
laws Of Texas that he has the risul -
in fifteen days 10 file MOTION lot ~
ING on the new points decided o. ~
court, in its opinion handed gov - ~
81 instant in this case: and ne luTl
-,-o-asts that he is deprived of ya.ua pc
righr when the court passes an order w
he shall prepare and present II VIII
six DAYS: and he protests that !! mn
rasrect the order OF the court Is Wl,houI
authority Of law and is against poth Ihe
letter and the spirit Of the law.
"Terrb-He protests against the court
o+tribmting to him objections 10 the ties,
rimonv OF Witness Sparks on the ero9hi
that II proved or tended 10 prove sahlt!'
because no such objection was maue' ~
such contention was made: no such
gument was made: the record anu w
briefs are appealed 10 for the dlSpro I.l-
T1ha objection was, and the contention
was. and the argument was that sara Us
rimonv afforded the jury an opportunity
ro uriawful,v use il 10 attribute motive
for the alleged killing. when the whole
case was otherwise absolutely barren OF
motive 10 DO the murder.
"Fleyenth-He protests against the
court asserting that the testimony shows
that Mrs. Burt ithe deceased eNclalmcd'
Il will stand this thing no longer, the
evidence being that il was q woman :
voice. pitched in high key. but that It
was unknown whose voice il was. ani
il was not shown from any source that
Mrs Burt was at that time IN the
house.
"Twelfth-He protests that the follow
? - : l.i
the court OF last resort. when he was
on trial for his life, viz:
"'As to medical experts. they may
state their opinion upon the whole ev.-
dence. if they have heard it all. or upon
a hypothetical statement which Is con
formity with the whole evidence.
1T is inadmissib!e TO permit an expert
70 give his opinion OF anything short Of
the whole evidence in the case whether
he has personally heard il. or it is stated
To him alphabetically. % CT. Grim.
App. 5nI. Williams v. State: 80 :. W.
Rep. 691-2l
He protests that this law was with
held from him on his trial. and the opin-
ion of experts given against him. based
on broken and partial statements Of the
facts embracing but one side, one color
Ing. one view OF the evidence. He pro-
tests against the Withholding Of the cur
tent law from him, uujust.y approved
by this court. and the following law pro-
pounded III its place. viz:
The state has a right 70 select its
theory OF the evidence and 10 have a
hypothetical case upon that state OF
facts which the state thinks to be true.
He protests that he was tried while
the first named law was in force. and
he i made to suffer death on the enforce
meut Of the second rule. adopted after his
conviction. He protests that the sec
Ond rule, under which he is to suffer
death. revulutioniZeS the whole law and
makes the officer Of the state who pro-
pounds questions To experts the judge
of the truth of the items Of evidence. in
place Of the jury. He protests that I'M
der that rule jealous prosecutor and 4
dishonest or ignorant expert can rob an
innocent man OF his life under the forms
of law. He protests against placing his
life in the hands of the district attor-
ney and expert witnesses and ignoring
the functions of the jury to pass on the
credibility OF witnesses and the weight
TO be given 10 the testimony.
"Ihirteenth-He protests 10 being sub
Jected 10 conviction for murder in the
hrst degree under the direction of the
trla! court: that if the jury find his guilt
- az Ns-t SCNpAl Nt-4tt. lutN HAY
return their verdict. that he Is guilty OF
murder in the first degree and assess
his punishment at death; and he protests
against this court approving such mis-
direction as to what the law is by the
trial court.
ADu now ending his protests this ap-
pelant demands. as he has a right to DE-
mand, that this court give to him law
time in which 10 formulate a motion for
rehearing, in which shall be brought di-
rectly TO the attention of this court the
matters propounded in his case that are
not the law thereof; and he also de-
mands according to circumstances, a rea-
sonable time in which to prove and sus-
tain his good grounds for a rehear!ng
and the reversal of this case. to the end
that the law. as law, may be Upheld. and
justice, rs justice. melted out to him. as
II should be to all good citizens
If he may not have reasonable time
in which to answer the powerful but IN
sound arguments of the court. it is bet
ter to say nothing and submit to the
death an onerous Interpretation of the
law brings TO him.
If the court, in a case like this. in
which the very gravest of the grave
questions are involved, would permit
motion for rehearins 10 be fled IN Jaw
tine and t.eA let the case 20 to the