davidaulloa/AmericanStories huggingface dataset:
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1898-01-20

evidence Of insanity, and I had not and
would never have expected It."
Or. r.. r. Tally testified for the defense.
II am nearly 60 years old. | have known
the defendant about ton years. knew his
mother aud father we'll. | am double
first cousin OF the defendants mother,
l knew the defendants grand
father. the father OF his mother. aud he
was declared insane BY tho courts OF the
State of Georgia, ana was confined in the
asylum for the insane, but under the laws
OF that State he was bailed out by his fam
fly and a guardian appointed for him FOR
three years he being under restraint out
In the country on a farm. where he finally
died au imbecile. 80 My mother 10
an aunt OF the defendant and she has suf-
fered from hystcria all OF her life In yio>
lent form. have brother. cousin OF
defendants mother, who has epilepsy in a
mild form. | also have cousin who had
epilepsy and he was considered an imbe.
cile--cf this | only know from family his
tory. DR.. Burt told me that the defend
ants mother while she vas carrying Eugene
had very bad health, and was sometimes
very wild and had to be restrained and
causes. and that sometimes she was a
maniac and he had to take great care OF
her. The defendants grandfather suffered
with violent psroxysms and gradually went
down into stupidity and died an imbecile, !"
DR. d. r. Wallace testfieds u am of the
opinion, based on the testimony and sur
roundngs. that the defendant was not In
sane in the ordinary acceptatIon OF that
term, but he was of an unsound mind. IN
that considerations of right and wrong did
not have the same force with him as they
had upon normal mind | re-
gard the defendant as a congenital moral
pervert: that he is n person who has not
the normal amount OF moral scnsibilities
that other people possess.
81 have seen the defendant sitting here
during this trial. II is my opinion that ho
is stimulating. He Is trying 70 simulate In
sanity, | suppose
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1898-01-20

early childhood and was entitled 10 be
clsssed as a degenerate or psrvert This
class = now recognized BY all medical men
who have given the subject special study.
and their responsibility IL questioned by all.
While DO not consider Mir. Rurt insane IN
the common acccptatIon OF the term. sim
consider him y sad victim OF faulty
| mental organization Tho end to he sought
IN this case should be tho protection OF So
ctety and not revenge. and believing that
there IL sufficient doubt MS to his responsi-
biliiy to fully Justify the communication OF
his sentence, most respectfully urge such
a course"
Hon, +. g. Morris, Judge OF the Fifty
third judicial district Of Austin. says In a
letter OF January Z, Uses. being applied to
10 join In the recommendation OF commu-
tation OF the sentence OF w. K, mart, and
not being able to do so upon the grounds
as broadly stated In the petition signed by
others. beg leave to state that q careful
study Of the case has led me to very se-
riously doubt the sanity and legal rcspon-
sibility OF Burt for the crime. so much SO
that should he he hanged | should always
feel that the chances were at least equal
that an Insane and irresponsible creature
had been executed. Hence 1 recommend
tho communication OF sentence a. petltoned
for by others"
a protest has been filed against the COM
mutation.
We have before us man whose grand
father YVES insane aud whose mothers
mind was disordered before his birth. who
In the silent hours of the night inbrued
his hands In the blood OF cultured. Chris
tian, affcctiona,c wife and two sweet inno-
cent babes, to all OF whom he appeared 10
be deyotedly attached, Who shall say
without Il doubt, with tho above facts be-
fore him, that the insanity OF his grand
father had not descended to hun? The
question is no longer one of applicants
guilt or innocence under the facts or his
plea OF insanity. The Inv has settled that
question. But the question before US Is,
shall u man about whose sanity there is a
reasonable doubt be executed upon the sal
lows2 Our law provides thnt the Rriyost
and highest grimes shall be punished by
death or imprisonment for life. The law
does not fix the penalty for murder In tho
first degree absolutely and definitely, but
leaves 1t 10 the discretion OF dhe jury
whether IL shall be by death or life impris-
onment, IL in this case the jury had fixed
the penalty ut life imprisonment there
would have boen no disturbance OF their
verdict by the trial court or The court of
criminal appeals. Surely there Is an equity
In this application with all the lights now
before us, In reference TO the alternative OF
The penalty TO he inflicted that may prom
erly DO determined by the governor, From
close and impartial Investigation of ali
the faots In this ease and from the strong
Endorsements OF this application given
above, ! am seriously impressed with rea.
sonable Doubt OF applicants sanity, and
therefore advise that his sentence b. COM
mnted TO life Imprisonment in the pcniten-
tiary. w C. benson,
Member Board of Pardon Advisers.
january 49, lSas.
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1898-01-20

tected ~ before stated, his upcles had
s ny form Of epslepsy and SO did his aunts;
s ssa MS cousins. male and female. were NJ
t,cteu with epilepsy. rheumatism. ncuta,-
sia, nysteria; do these things have lust
es ss. give you any cause to change your
opinion OF Burt's ssnitysr
no; put desire to say Il Ia true there
az ~. eScsntricities in his early days that
suow weak spot In his general makeup:
me, me cruel feature made manifest IN the
n'lnng OF the rabbit was nothing unusual,
! !uuch as education more than any
eu'pg else would overcome this feature of
cruelty, which was not at all uncommon: .
put with this ami the other qualifications
! nave previously stated I do not think tho
detendant was insane"
On cross-examinntion the defense asked
Dr. Wooten the following hypothetical
question Doctor. taking It to be true that
the defendant was born Of mother who
while she bore him in her womb was yio-
lent, and had TO be restrained and guard-
Cd and that mother being the child OF a
father who had been adjudged a lunauc
uy the courts OF the State of Georgia aud
was placed in an asylum and died an inn
oeciie. and that mother had a brother who
had epilepsy aud died at 20 years OF age,
ana an uncle whose mind was not consid-
cred right and aunts that were afflicted
Win epilepsy and were strange and pccu-
liar, and cousins, male and female. who
had epilepsy. hysteria neuralgia ana
rheumatism. that the defendant In early
cnfidhood ws's thief and very cruel, but
as ne grew UP was reasonably cheerful IN
MS disposition for some years. and then
begun to be more or less reserved and
quiet until the death of his father; after
the death of his father he became more
and more reserved. morose and secretive,
and finally without cause, became estrang-
ed from his brothers, but he finally mar
ried and had two little girls. and between
him and his wife and children there was
great love. devotion and affection, though
as 10 his brothers and other friends he
had without cause become estranged and
looked upon them as enemies. After he
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1898-01-20

married he developed into great liar,
thief. swindler embezzler and forger. and
finally motiyeless, without canse or fea-
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 the
throsts of each of them a handkerchief,
and then envelcped the wite's body in a
blanket except her feet and wound
around her rope to hold the blanket and
tied the hands and feet of his children
with wire and strings and wrapped one Of
the children up in gown and threw all
three of their bodies In an underground
cistern. Was such II man coming from an
ancestry and doing as stated tc you sane
or insane at the time he killed his wife
and children"
I'm answer to that question would say
that the defendant was insane"
DR. b. NJ Worsham testified: II am
superintendent OF the State insane asylum
at Austin. have held this position for
/ was for eighteen months superintendent
Ct the State lunatic asylum at San AN
tonic. and before that WIS for four years
assistant superintendent at the Austin
asylum. | think ! have seen him
(appIicaDt) often enough and have studied
the case sufficiently to enable me to have
an opinion as TO the defendants sanity,
think he is In his normal condition. He
Is in relation TO himself OF faulty heied-
ity, and yet UP 10 this time he has been
considered sane man. ! think him as
sane as he ever was, or, in other words,
he is in his normal condition have
heard all OF the testimony In this case.
In my opinion, as an expert. from the tes-
timcny in this case the defendant fully
understands the nature and character u
his acts and he knows the difference be-
tween right and wrong. | have no op.n-
ion as to whether or not the defendant n1s
the will power TO resist doing an act al
though he might know II to be wrong.
ON cross- termination the witness said:
There are u large proportion OF the pa
tiepts In the asylum who know the diff
ference between right and wrong. The
defense asked the witness the Hypothetical
question given above in examination al
DR.. Wcoten, and witness answered "sueh
a person as your question represents
would say. was insane. but do not regard
defendant as such person"
Drs. Goodall and Joe Wootcn were care
fully examined and testified substantially
as did their father, pr. T. u. Wootsn.
DR.. Nat IL. Smiths testimony was sub
stantially as that Of the Dr% Woosen,
DIR. j. ". Mclaughlin, a witness for the
defense. having had The Hypothetical apes
lion OF the defendant proponnded 70 him.
u would certainly Judge him 10
be morally insane. mean by moral IN
sanity that The person 80 afflicted ~ de-
prayed and has no moral sense, but has MS
reas oning faculties. There are times when
such 4 person would be tempted and could
resist the temptation. and there are times
when he could not. and such person ~
more often tempted than others and ne re-
sIsts temptation less. because his power TO
resist wa weak no matter what ne teinp-
,at,on wss.r on REORGANIZATION this
witness ssE: ~ have never during my in
teryiews with the defendant noticed any
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1898-01-20
g00v OK REFUSES TO INTEPFFp IS

the case has becn very c.r.-
MY and Thoroughly cou.,d.
ered In all It's phases, with FIJI,
spprecintion of Its Importance
una gravity. INN
strnment of public law, 4,
would be n reIier to fee, tb.t
through the influence. ~ az.
isntion and religion sar~
manhood were lifted above
snch deprnvity, hut thi. a. con-
urnry TO human experience,
ana believing TINT defendant
committed this murder when
rational, interference with The
province OF the Jury to assess
the penalty Is unwarra nted
and the application tfor COM
mutation) is denied.
&C. 4. CuLBERsON, Governor.
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1898-01-20
EOS Main ST., Houston.

he had examined The prisoner, had cnre-
fully observed his dcmeanor In tho court
room. had heard NIL the testimony and In
his opinion The prisoner fully understood
tbs nature ana character OF his acts and
knew the difference between right and
wrong.
1.-THE witnes had no opinion rs to
whether or not the defendant had 0hc will
power 10 resist doing an act, although he
might know Ii to be wrong. III the defend
ant was ever sane, which has been estnb-
llshcd TO my satisfaction. then he Is sane
now" N moral perycrt is one who Is an
easy mark for insanity 80 change
In his character would indicate when tho
moral porvert became insane"
Answering to the hypothetical case put
by the defense, embodying counsePs con-
clisions from THE defensive evidence and
the mode OF the killing assumed TO hc
motiycless Dr. Wortham stated that such
a person was insane: but he did not regard
defendant such a person. II see no evi-
dcnce of melancholin In Eugene Burt. I
know ~ no testimony In the case which
would make me believe Burt was victim
OF mclnnchoiia."
Or. Swearingen. practicing physician
for twenty nine years, testified that he
had known the prisoner for years and
know his father; examined him In Jail with
Drs. Wallace and Worsham, heard all the
testimony carefully. noted the demeanor
OF the prisoner during the trial and his
coming In and going out Of the court room.
This witness was OF opinion. taking tho
defendants history. his family history, tho
witness knowledge OF The prisoner and all
his wife and children that the prisoner
-
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1898-01-20
MIR. nuNlIAM.s REPORT.

sail
,inc r,o,,nor =, ~ $3.50
In The Me,tnr 80 w n nnr,
The subject of fhis reuort e. nndc, acn.
tolice of death for wife murder and in has
DchaH an Application Is made TO tho gov
,,',,,, ~" N.Y. Nc 10 in,pils-
,ipon eSpress maIjce n romml,taa hy n
sane pet,sop and tbn ayIdnnrn s,,,,,,n,ta 40
Doubt that tbe annl,cant yns ~ nor,,ot "a
tor. The controyeriod iss,,e In tba trial
court and tho basis of ,he nr.,yer far r.l,nf
bsr, Ia tbnt nj ina time ,,,o shn,,i.,,. ,ya,s
committed the nrlsoner WIS insane or ~
,ngonnd mind IN Thai sans,, which ,,onia
render him legally ,rrexnn,sibIo rio ~.
depee upon this isstp In th, t,.,nI cou,,t (yas
directed In.
tlerodItv
3 Personal biography
a (.haiSctcr and s,biect ~ tbo bor,t
eide
Want ~ motive
Demcanor .Inco Tho hnmlcido
q Exnert t,etfr,ony
There ras evidence tond,ne Ia aboyy
NJ, ,,,4 ,5,.. - 49,. ....,a,,....,. 80.
" Wv " 'sNi'' Ft'''' ~
pregnancy WIN MN was NJ times raNing
maniac and had to be watched and guard
cd. Ilpon this subject one vjtness. ur Y
t< cn,no, to.,t,tad 40, Ia ,r,, a., a,,,.
Years ths Pas'F OF INC ehufeh 70 whieb
The mother and father of the prisoner be-
longed and he was very intimate with
Non, mt Il, oo,tia, ,co 40 ,,,ba. M.
-
p"'l' 'oii nun 'ne npose ana cHutlVhoa MN
not to tel anybody about this, aud that
he bad never mentioned IL 10 any one un-
iii this case came up. This witness fur
iher testified that Dr. Burt told MIN that
his wife's father, the grandfather OF the
prisoner had been adtudped Insane ana
was confined In a inna,ic asylum in Geor.
gia. Another witness. Or. Il +. TailGy,
double first cousin oi the prlsoner's mother.
testified that ~ Burt told him thai 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 neuratic causes; that
sometimes she was a maniac. and he had
10 take great care of her. This witness,
further testified that the grandfather of
the prisoner. the father OF Mrs Dr. Burt
WAS declared insane by the courts Of Geor-
gia. was confined in an asylum was bailad
out by his family; that guardian was ap-
noinied for him for three years. he being
under restraint on n farm. where he finally
died an imbecile. This witness also tes-
,tu.d that an amt m tho nriuonar hid
mothers. sister h now and has been for
wears an invalid. suffering from neuralgia;
that another aunt OF the pr1soner me
no. % une m'urss taioat ,or,o, ,ho"
cousin n, he nrlsoner's mother, The brother
Of the witness, has epilepsy in d mild form:
that this brother lived In East Texas. was
about a. years oia, - mhftiea ana h liz
unnn ana ma ma Ieen linn aimee isfs
The witnefs saw him In Georgia in 1885,
GO and 1861: saw him have cpilepiic attacIs
in which he would stlgger, fall and foam
at the mouth. The witnegp testified Oh
that his nephew. cllf-
ION Talley. lives at Bartlett, In Texps. IL a
sir gle man ~ years old ard II slight epi-
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1898-01-20

70 be one. 20 no thought ha would cut The
rabbit UP to see WHAT Il Noutu 40 ana hod
Il was maus. AZ tns aye cf IL no As&ed
Inc witness II ho knew tnAt the t'athosita
We're gong 70 take this country ana put All
TIE trottstant6 to death. Ho Warned the
Witness 10 take tight or turn CAthoitc. he
cursed and abused the Witness FOR douoting
his vcracity. Two years later ne prvsentea
10 tho witness some papers relating 10 the
removal Of his disabilities az nAtnor. pur-
pcrting to be signed by his brothers. The
witness aftcrward nscertaincd that the
names wore fcrgeries Tho witness, Rus-
Gee Burt. a brother Of the prisoner. ,testi-
fled that he had business relations with
him for twelve years. They were first as
SCENTED IN the cigar and tobacco business.
aftcrward IN the shoe business, that after
the prisoner married he withdrew from tie
partnership and took the cigar business,
tho other brothers continuing the shoe
business; that the prisoner made an assign
uent. and then did some collecting; that
aftcrwaid he became a fugitive from jut
ice, was brought back to Austin, let gu.
ON bond and was then employed by tho
brothers IN their business; that the pris-
oner would tNke money To which he hal
no right. would make faise entries IN She
books and would make false statements
about these transactions, that he nrver no.
ticcd anything the matter with tho pris-
uncr until after his fathers death, when
he became estrangcd from hs brothers,
seemed changed entirely, began to wear a
stony glance and looked down all the Time.
The witness did not know OF any Instance
that Indicated any feeling OF pity on this
part of the prisoner.
s. NJ Hurt. tho Oldest brother. testified
that IN early childhood the prisoner was
very pleasant. but as he grew older he boz
came moruse and secs'etive and that
nftnr his fathers death he became
,,or, .,cr,ityc than49. cvrr and de-
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1898-01-20
|tR or WIFE AND TWO BABIES.
,A,ustiyc Review Of the Testi-
mony as to Insanity.
BOARD WENT INTO CASE
..om This the Governor Con-
.aes the Defendant Was Not
and Is Not Now Insane.

4. Texas, January 10. - Governor
con has refused to commute the
..n,ence Of Eugene Burt, the wanton
I,.r Of wife and baby daughters, and
.ouug man will die Friday unless
j. a stay of proceeding by some one
~ to an affidavit that the murderer
sae.
governor goes into the case at
The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-03-26
For Sale, Cash or Easy Terms.

Is miles 35-pound steel rail, practically
new.
locomotive, 3O-ton, Rogers build, first-
class condition, boiler has been stripped
and thoroughly overhauled with new mas
chinery
/ Baldwin Mogul locomotive. practically
new, frst-class condition. VIII furnish
specifications of both engines by request
Is new logging carts. 7-foot wheels, g.
inch tire, steel axles and rigging completes
II two-horse wagons. in frst-class runs
ming condition
40 miles galvanized telephone wire brack>
cts and lnsulators for same.
s standard telephones, in first-class cons
dItion, used but few months.
Also Is logging cars, 10000 pounds ca>
pacity, frst-elass running order, practices
ally new. tH
l Erie CITY stationery engine, 35-horsa
power, with 40-horse power tubular boiler.
1 portable saw mill. carriage, 40 fees
long, all In first-class running condition.
/ cut off saw attached and stave MAJ
chine, lot of hrst-class betting, mostly new.
] hand car. practically new, sets blacks
smith tools.
Will sell all, or any part OF the above tn
good parties. cash or on easy time, good
security. Address
BROOKS BROS. & CO., f
Molena, Ca, or Traders Hill, Ga.
The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-03-26
NOT FOR MAauIRE's BENEFIT.
His Removal as Chief Might Save
Property Owners S35, OCO to s4oOoO.


Property Owners S35, OCO to $4,000.
Fire Chief Mcguire said yesterday that
he had not yet made up his mind on the
proposition submitted to him by Alderman
krouskoff and probably would not be
ready 70 make reply for several days.
Il do not have any doubt that Council
viii indorse the action of the self-eonsti-
tuted committee in the fire chief matter"
said member of the committee TO a
Morning News reporter yesterday. ut is
not Mr. MaguiFe's interest that we are
endeavoring to provide for. but the inter-
est of the whole city Chief Mcguire is
simply an incident 10 the situation. If
Council can save the people of Savannah
$9oVOO TO $4,000 annually by an extra APP
preparation of $1,000 it rs not a matter to
be considered whether Chief Mcguire gets
the benefit of 1t or who gets It, Neither
, is it proposed to create a sInecure for
Mr.. Maguire's benefit The office of fire
marshai is one the need of which in Sa-.
Vannah has been recognized for some
Time. 1t is an office, which If the duties
are properly performed will be of great
peneht to the insurance men as well as
10 the citizens at large. 1t would be the
uuty Oh the hre marshal to investigate
p N'NiS me- ana examine Witnesses
ana get at the cause of the fire if possi-
bic. Some dirty losses occur occasionally
ana it would be the fire marshaPs dutv
10 probe these to the bottom. In stlch
matters as this am free 10 saw that I
belleVe Mr.. Mcguire would perform his
duty to the utmost. He would also have
charge of the inspection of all fire risks
ana would have authority to compel pror-
erty owners to place their property In
done in this direction by a capable official
The new fire chief, whoever he NAV he
should not be figurehead, but should be
IN authority over the department AT ALI
times in order that the men might he
thoroughly trained to obey his COM
mands."
do you think a new chief can be Sc
lected who will be satisfactory to all par
ues Council Fire Commission and in
surance men,"
81 think So" was the renIv "sra ~
not believe we will have to go out of sa-
Vahnah to find him. We have a man in
VleW right now who already commands
the confidence and respect of the whole
people ana whom l am satisfied would
fulinl the duties of the position to the
satisfaction of all concerned"
capt. II. NJ. Branch is the man referred
to' ana IL seems to be generally agreed
mat IN case Chief Mcguire should agree
70 the proposition made to him that Cant
branch Will be the new fire chief AT
least the position would be rendered him
ana 1t is believed that he would accent
IT, In case of Capt. Branch's election tha
insurance agents say that the recent in
crease in rates of 10 per cent. would he
at once removed and that the city would
oe the gamer thereby to the extent Of
a. NJ Soo,VVO year. To secure this bene-
lit they think it worth while for Connc,l
70 make an additional appropriation of
$o'oVo to the fire department.