The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1898-01-27
Member Board Pardon Advis
JUDGE DUNHAMs REPORT.
He Advises That the Law Tie Above
to Take It's COuraeA


to Take It's CourseA
In the Matter of w. Il. Burt re sub
ject of this report is under sent, nee of
death for wife murder and in his be-
half an application is made to the lkov-
ernor to commute the sentence to NNp-
prisonment for life. The homicide wax
clearly upon express malice il committed
by a sane person, and the evidence sug-
gests no doubt that the applicant was
the perpetrator. The controverted issue
In the trial court and the basis of the
prayer for relief here is that at the time
the homicide was committed the prisoner
was insane or of unsound mind in that
sense which would render him legally ir-
responsible. The evidence upon this is,
First-Heredty.
Second-Personal biography. T.
Third-Character and subject of the
homicide.
Fourth-Want of motive.
Fifth-Demeanor since the homicide
Sixth-Expert testimony
First-There was evidence tending to
show that the mother of the prisoner,
during her pregnancy with him. was at
watched and guarded. Upon this sub
ject one witness, DR.. II. X. Smoot, tes-
tilted that ne was for many years the
pastor of the church to which the mother
and father of the prisoner belonged, end
he was very Intimate with them; that
In confidence the father, DR.. Burt, told
him the above and cautioned him not to
tell anybody about this, and that he
had never mentioned It to any one until
ts .tsNn Vii VII ftrrf hA
testified that DR.. Burt told him that
his wife's father, the grandfather of the
prisoner, mad been adjudged insane and
was confined in q lunatic asylum in
Georgia. Another witness, DR.. II. +.
Talley, double first cousin of the
prisoners mother, testified that DIR.
Burt told him that the prisoners mother
during her pregnancy had very bad
health, was sometimes very wild and
had to be restrained; that her health
was bad from neurotic causes; that
sometimes she was maniac and he had
to take great care of her. This wit
ness further testified that the grand
father of the prisoner, the father of
Mrs. DR.. Burt, was declared insane by
the courts of Georgia. was confined in
an asylum, was bailed out by his fam
lily; that guardian was appointed for
him for three years, he being under re-
an imbecile. This witness also testified
that an aunt of the prisoner, his
mothers sister, is now and has been
for years an invalid suffering from neu-
ralgia; that another aunt of the prisoner.
the mother of the witness, has suffered
all her life with hysteria in violent
form; that a cousin of the prisoners
mother, the brother of the witness, has
epilepsy in mild form; that this brother
I.1..
old, is married and has children. The
witness could not recall his postoffice
and had not seen him since 1876. The
witness saw him in Georgia in $4,000
and 81; saw him have epileptic attacks.
in which he would stagger, fall and
foam at the mouth. The witness tes-
titled on cross-examination that his
nephew, Clifton Talley, lives at Bart
lett, in Texas, is single man. 80 years
old, and slight epileptic. The. witness
saw this nephew have an attack of cpl
lepsy about twenty years ago; he was
blowing and whipping his horses and
when his father threatened to whip
him, looked silly. This is the evidence
upon which the witness based his state
ment that the nephew was an epileptic.
The witness disclaimed personal knowl-
edge of all but three of the persons
about whom he testified, and related
history mostly from the prisoners
father and brothers. The evidence OH
the trial does not show when the grand
father died, nor when he became in
sane, nor his age.
Second-The prisoner is about % years
old. According to the testimony of DIR.
SmoOt. the prisoner at the age Of Z stole
purse with money in IL and offered
to sell it for % cents. The witness
bought the purse and went in the back
yard and took from under rock few
dollars in silver, put them in the purse
and delivered it to the witness. Being
questioned, he stated that he put the
money under the rock so that 1t would
rot and grow to gold. During the same
year the prisoner killed a rabbit belong
ing to his brother, by driving nail
through its body. He confessed that he
had done It. and being asked why, stated
that his father was a doctor and he
would cut the rabbit up to see what ii
would do and how it was made. At the
age of 10 he asked the witness II he
knew that the Catholics were going to
take this country and put all the Protes-
tants to death? He warned the witness
to take flight or turn Catholic. He
cursed and abused the witness for doubt
ing his veracity. Two years later he
presented to the witness some papers
relating to the removal Of his disabili-
ties as minor, purporting 10 be signed
by his brothers. The witness after
wards ascertained that the names
were forgeres. The witness, Ros-
coe Burt a brother Of the prison
er, testified that he had business re-
lations with him for twelve years. They