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

to the transportation once 1OE Shipmeht
from fictitious person to fictitious per-
the boxes were written in feigned\ hand
writing by defendant. During the day
he had various money transactions with
different persons, wrote various notes,
tore some up, and others were delivered to
the persons to whom written. He was in,
or about the house the greater part of the
day. In the evening the milk man came,
whom defendant met at the door, and said
this if the milkman, got a pitcher for
milk, land told him the family had moved
to 81, Rio Grande street There being no
such Istreet number), and that the next
day he, the milkman. would find in the
milk pitcher two tickets instead of one.
At that time he appeared weary, as if
having been hard at work, in shirt
sleeves, breathing hard and face flushed.
He lacked three valises and put them in
the back premises of the next house dur
ing The evening. Later in the evening,
per- went to barber shop and was
shaEed; returned to the hotel and play
ed checkers until toward train time. Did
not conceal the fact that he was on the
eve of departure; to one he said he was
going to Dallas, to another San Antonio,
to another Georgetown, to another Dali
las or Fort Worth. At the time named
he went to the places where he had de-
posted his valises, obtained them, and
and around the depot until the train came
in at about II 40 p. m. Did not buy
ticket to Chicago; boarded the train, rode
ON it in seat with party whom he
knew and who knew him. converted on
Indifferent subjects. He was apprehend-
ed in Chicago about thirty days there
after, and extradited for trial on charge
of having murdered his wife and chill
oren. AT the time of the murders he was
out Of business, without any ready means,
judgment of forcible detainer had been
rendered against him for the possession
of the house in which he lived; process to
GUST him was in the hands of an officer,
and the oath of July was the last day he
had permission of the owner to remain on
the premises. At no time anterior to
said oath of July, nor on that day, nor
the day subsequent thereto did he to
many friends and acquaintances and those
with whom he transacted business, pre-
sent demean0r, appearance, habits or
conversation different to what was usual
to him; On the foregoing hypothetical
case, the prosecution put the following
question to the witness: Taking the
foregoing recitation of facts to be true,
you will please state whether in your
opinion the defendant, w. e. Burt, was
s sane 1U or insane IsSe,. on the 24th day
ion on the fact stated the defendant, w.
u. Burt, was sane on the night of the
24th of July, 1896" The state then pro-
pounded to the witness the following n.y.
pothetical question: Doctor, in addi-
ton to what l have stated to you in my
last question as facts, take the following
facts to be true also, that the defendants
mother in the latter part of her preg
nancy with him was violent and had to
be restrained and guarded, and that his
grandfather on his mothers side was
adjudged insane by the court and was
confined in an asylum, but was bonded
out and had a guardian for three years
and died an imbecile; that while he was
child about years old he stole purse
with S4 or IS in it, put the money under
a rock so it would rot and turn to gold,
and afterwards sold the purse and money
for % cents; and short time after that
he took a white rabbit belonging to his
brother and. drove 2O-penny nail
through it and pinned the rabbit to the
"r"""a but did it because he wanted to
the rabbit was made, and when
ned about these two acts did not
to deny them but confessed that
10Th. In his life after that he
,rful. but later became morose
anu eretfye up to the death of his
father When he was about 16 years
old he went to see DR.. Smoot and told
him the Catholics were going to take
this country and wanted him to flee or
join the Catholic church; that after he
got to be a man he stole, lied, forged
notes and drafts, swindled people and
embezzled money; that besides his mother
and grandfather, who were affected as
before stated, his uncles had mild form
of apilapcy and CO did bic aunto. opJ b;o
cousins, male and female, were afflicted
with epilepsy, rheumatism, neuralgia,
hysteria, do these things l have just de-
tailed give you any cause to change your
opinion of Burt's sanity" mo, but |
desire to say it is true there are eccen-
tricities in his early days that show a
weak spot in his general make-up the
cruel feature made manifest in the kill
ing of the rabbit was nothing unusual,
inasmuch as education more than any
thing else would overcome this feature of
cruelty. which was not at all uncommon
but with this and the other qualifications
| have previously stated | do not think
the defendant was insane On cross-ex-
| animation the defense asked DR.. WoOten
the following hypothetical question
Doctor, taking it to be true that the de-
PENDANT was born of mother who while
she bore him in her womb was violent
and had to be restrained and guarded,
and that mother being the child of u
father who had been adjudged II lunatic
| by the courts of the state of Georgia and
was placed in an asylum ant died an
| imbecile: and that mother had a brother
who had epilepsy and died ut 20 years
| of age, and an uuc.e whose mind was
not considered r;ght, and aunts that
were afflicted with epilepsy and were
strange and peculiar. and cousins, mae
and female. who had epilepsy. hysteria,
neuralgia and rheumatism. That the de-
PENDANT in early childhood was thief
and very cruel, but as he grew up he
was reasonably cheerful in his DISPOSE
ton for some years. and then begun to
be more or less reserved and nuiet until
the death OF his father; after the death
of his father he became more ana more
reserved, morOse and secretive, and
finally, without cause, became estranged
from his brothers, but he finally married
and had two little girls and between him
and his wife and children there was great
love, devotion and affection, though as to
his brothers and other friends he had.
without cause, become estranged and
locked on them as enemies. After he
married he developed into n great liar.
thief, swinder. embezzler and forger and
finally, motiveless, without cause or rea-
son, this man, on the night of July "a,
1896. killed his wife and two little girls
by blows on the right side of each of
their heads and by tying tightly around
chief and then enveloped the wife's body
in blanket except her feet, and wound
around her a rope to hold the blanket.
and tied the hands and feet of his chill
dren with wire and strings and wrapped
one of the children up in gown and