The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1898-01-20

Irer Of wife and BABY uaugnters, anu
sung man will die Friday unless
!, a stay OF proceeding by some one
,ns to an affidavit that the murderer
sae.
governor goes into the case at
oving is the report of one member
hoard of pardons on the case:
,,cant is under sentence OF death to
ecuted on January 81, 1898. for the
n At his wife. The facts in this case
show that applicants two children,
RESPECTIVELY and years, We're muir
at the same time and place with thei,
er. An application is made for the
mutation of the death penalty to i'm
bment in the pcnitentiary for life on
round of applicants mental unsound-
There is no claim in this applica-
81 applicants innocence. In the trial
resulted in the death penalty the
bf insanity was raised and full and
ugh investigation was made. Learned
clans, who qualified as experts on in
and other persons who by their re-
bs with applicant. socially and in bust
were qualified 10 express an opinion,
carefully examined.
X. 5. Graves, city and county physi
testified: Il think he is perfectly
and just as sane us he ever was. !
believe his mind Is In such condition
he can not understand what is going
ERE in the court room. / believe he
5 the difference between right and
as well as any person"
]. A. Davis testified that he has
about five years experience in the
ment Of insane persons at the Austin
m for the insane; that he knew APP
bit well and had conversed with him
y every day for four or five months
including July of that year lthe
b Of the homicide). The State then
bundled TO this witness an hypothetical
embracing all the facts brought out
be trial. commencing with the homi
and including his subsequent conduct
Is arrest in Chicago, and asked his
uu. utStu OIL lulS IcCitdl VI ldtto,
her applicant was sane or insane OH
ith day of July. 1896. (the day OF the
ride). The witness answered. In my
pa, on the facts stated. the defendant.
Burt, was sane on the night of July
bss."
cross examination this witness said:
IN the history. of defendants family
etailed to me. Insanity may affect
OF the members thereof. and may
and may jump several generations and
crop out. the intermediate genera
showing no evidence of the disease.
If there had been no faint of in
v in the defendants family the possi-
Is he would have been a better bal
man than he is now with that faint
ln coming from tainted ancestry would
ore likely TO go into insanity than one
lre BLOOD
Redirect examination the witness
II see no evidences about the de-
lnt indicating that he is congenital
|btic. nor do see any physiological
prmations showing him to be moral
ut"
T, D. Wooten testified that he, to-
fr With his two sons, Drs. Coodall and
Nooten, made thorough examination
4plicant in the Jail by taking the meas
tents of his head. and by other tesfs,
that he had compared the measure
Is Of his head with 1909 normal CRAM
and found that applicants head was
rmal ore. After a careful examination
9 witness on the matter OF moral per-
I'm and congenital moral pervers'on,
|id you ask, Is the defendant de-
Pate? Well, yes: there are some fea-
10 think that he is: but that Is hard
oct to determine | think there must
weakness of the will power and OF
|rdgment In the defendant. but there
evidence of any form Of INSANITY
him that is laid down In the books.
past l could discover none"
State then put to the witness ~
ping hypothetical case: Suppose the
|dant was a married man with wife
Two children, the children being about
years, that on the night OF the 4
of July, 1896. he and his wife were
me at half past or 0 o'clock, when,
y nurse, the younger child was de-
Z 10 him and the elder to the wife: !
after the lapse OF little while he
70 the dining room, filed a bottle
MIX for such younger child, then
me younger child UP in his arms and
'ne bottle Of milk went upstairs to
Dom where his wife and the children
leaving the wife, the elder child and
srvant in the lower room; that this
~ last ever seen of the younger child
AFTER a time the servant departs
'oes not return until II o'clock. All
= IN the house at that time. A day or
'as this he was seen coming from
s with grass sack in his hand
synlaihed something. At some hour
,,isnt In their bedroom. the Defend
.neu MS wife and two children by
I, - eacn OF them in the right temple
: Vi the face with Ratchet. crush
oones OF the face and fractuf4ng the
.aat ne than tightly tied around
Sal OF each q handkerchief, suffi- I
80 10 produce strangulatlon and
:, 'h. tnen enveloped the body o.
eAcept the feet, in blanket, and
n 'uuha the blanket ropes 30 as to
~ uianket In place and the body |
s ySa be tied the hands and feet OF the I
ureh with wires and other llga- ;
~. sney being In their night clothes.
~ conyeyed the bodies by some
~ ms arms Tor b. the lowering at
s svn window. or through IL. casting
AZ Az, from the upstairs room 10 the
4 ~, ana thence transporting them
z aihicult and circuitons route to
hsaound cistern in the basement
a'nse and cast the three bodies
I. eno lfen nailed dnnrn the tim az | ]