The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1898-01-27

night, each ha
made as II with
kerchief tied tightly
The bodies were put i
Gated in part of theNloL
were discovered someN da.
top of the cstern was clio
up and the handle of tn,
away. On the next day ai
eide. to the casual observe
where the children aud wife
presented no evidence of thu
On that day the prisoner toll
| want not to use the cistern
breakfast. On the same day he
/ the household furniture and shil
! Houston three boxes containing al
Ratchet. bloody clothing of the wifi,
children and many articles stained
blood, On the same day he accoun,
, for NE absence of the wife and ell
| drenI making different statements abol
, theft whereabouts, and late that nigh,
left the city on north bound train.
Fourth-The prisoner at the time of
the homicide was greatly embarrassed
ff99t want of money; he had failed to pay
| to quit, which he had promised to do OH
| tie day succeeding the homicide. 1t
tloes not appear that he had made any
Arrangements for the future of his fam
II lily; he was under indictments for crimes
and penal .servitude seemed a certainty
Minute Sims testified that she had serv-
ed the family as cook for some months;
that she had never noticed anything uI-
usual in the prisoners treatment of his
wife; that he was always uniformly
kind to her; that she took the children
out for walk on the day before the
homicide, starting at about or y
O'Clock p. m, and kept them cut until
between and 8 O'Clock; that she left
Mrs. Burt at the house alone; that
when she returned the prisoner and his
wife were at home together; that the
and carried the latter up stairs and put
her to bed; that Mrs. Burt said to her,
Minnie, our ifs viii stop now, as we
are going to take the Scott house to-
morrow" that Mrs. Burt seemed very
glad everything was settled for moving;
effects sad everything had been packed
ready to be moved, except such as were
needed for general use: that after tho,
prisoner went up stairs with tn,
she gave the other child to Mrs
and that was the. last she saw
Burt or the children; that sh
went away from the house and
cd in about an hour and half; tn.
lights were burning and she wen
bed; that she heard no noises dur
the night; that the prisoner called h,
to get up about Z, told her to go to the
market and also told her that he had
got into trouble the night before anA
sent his family TO San Antonio on the,
. O'Clock train A witness testified that
some time after Z o'clock on the even.
ing before the homicide she passed the
house of the prisoner aud heard wb-.
mans voice, raised In a high key say,
II will stand this no longer" SO far as
the evidence dscloses. the prisoners
treatment of his wife and child was that
of nm affectionate father, and he seems y
to have taken pleasure In their com
pany.
Fifth-Since the homicide the prise
oner hns exhibited no signs of repent.
ahce or remorse. He has never nd-t
| mitted his guilt nor accounted for the
murder. During the trial he sat auiet-
ly, apparently with stolid indifference.
| rs the details were related 10y the many
witnesses.
,Sixth-,Dr d. K. Wallace, II years
Old, physician for forty-fve years. for
ten years engaged in management of
state institutions for the insane, and
since 1881 making n speciality Of ner-
by the defense. He testified that he
had examined the prisoner; had seen
him during the progress of the trial:
had heard the testimony of Smoot and
Ialiey, and that his opinion was that
the prisoner was not insane in
OF tnht
term; but that he was Of unsound
mind, in that the considerations of right
and wrong did not have the same force.
with him as they had upon normal
mind. He regarded the prisoner "a de-
generate or moral pervert," one who
troll ordinary mortals. This opinion was
based upon the family history as related
by Talley, incidents in the life of the
prisoner his many crimes and the killing
of his wife and children. Such an act
as the brutal killing of wife and children,
with or without reason, cause or motive,
would be IN harmony with moral per-
vert and il he had a motive il would be-
with reason, and II he did 1t with a mo-
tive he had the will power to resist doing
1t. A moral pervert has not the normal
amount of moral sensibilities that other
people possess 'The defendant during
| the trial is Stimulating acting natur-
al-acting, or trying to act, part-tryipg
70 simulate insanity" IL the supposition
OF the witness. The crime was evidently
committed deliberately and after contem-
platoon, 1t was not the result of sud-
den outburst. The prisoner is as sensi-
PIE ut one time as another. He has no
fits. I'm my opinion" continued the wit.
ness, Eugene Burt, on the night of the
homicide, understood the nature and
character Of the act he was doing when
ne was doing it. He knew that
nc was uoing wrong at the time, and he
had the will power to desst from the com
mission OF the act after he had determined
TO commit it," DR.. Worsham, for more
than hye years in charge Of state asyIums
Tor the insane, was called by the state.
and testified that he had examined the
prisoner had carefully observed his de-
meanor in the court room. had heard all
tDe testimony, and in his opinion the Dris-
oner fully understood the nature and
character OF his acts and knew the diff
witness had no opinion as to whether or.
not the defendant had the will power TO.
resist doing an act, although he might
Know IT to be wrong. "If the defendant
ed TO. my satisfaction, then he Is sane
now "A moral pervert is one who Is
an easy mark for insanity - A
change in his character would Indicate
Wnen tne moral pervert became insane.''
Answering to the hypothetical case nnt
by the defense, embodyipe counsel's CON