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

| DR.. II. NJ. Swearlngen testified for the
defense. Taking The DEFENDANTS history
and his family history and my knowledge
OF him personally and all the testimony In
the case. and assuming that he is the au-
thor OF the massacre of his wife and chill
dren, ! say that no was undoubtedly insane
and lunatic when he committed the deed.
OF that have not the slightest doubt. The
defendant Is what we call or class as a
congenital moral pervert. and his mind Is
of mat clasn OF disordered and diseased
minds
The court charged the Jury on the fea.
lures Of insanity as follows; "a safe and
reasonable test in all cases would be that
whenever II should appear from all The
evidence that at the time of doing the act
the defendant was not OF sound mind, but
was affected with insanity. and such af-
lection was the efficient couse OF the act,
and that he would not have committed the
act but for the affection, he ought to bt
acquitted Although a man may
be laboring under partial insanity II he
still understands the nature aud character
Of his act and It's consequences; II he has
knowledge that II is wrong aud criminal
and mind sufficient to apply that knoHl-
edge to his own Gaze, and to know that II
he does the act he will do wrong and de-
not sufficient TO exempt him from RESPONSE
bility for his criminal act IL Is
not necessary that the insanity of the de-
PENDANT should be established beyond d
reasonable doubt: IL is sufficient If II be
established by the weight or preponder-
ance OF evidence" This charge OF the
court is no doubt perfectly fair and cor
rect. and yet under IT the jury In this case
are left without an alternative for IL GER.
tainly did not appear from all the EVIL
dence that at the time OF doing the act the
defendant was not OF sound mind" etc,
nor perhaps was the weight or prepondcr-
ance OF evidence" In favor OF his insanity.
The verdict OF guilty was inevitable--the
facts Justify and warrant H.
Petitions for the Communication of appii-
cant's sentence TO life imprisonment are
signed by few prominent citizens OF Aus
tin and Houston. Several prominent ply
sicians OF Austin say I'VE are more or
less familiar with the circumstances con-
nected with the case, and while we are not
prepared TO say that We are satisfied that
he was positively insane at the time OF the
deed circumstances and the opinions OF u
number OF witnesses throw a very strong
dbs,bt az least OF his sanity. and in view OF
that doubt we feel that he rs not a proper
subject for the death penalty We there
fore humbjy petition your excelIency 10
commute the seaience 10 life imprisonment
In the name OF humanity"
Dr. -. 81 Worsham says 10 letter
dated January T. 1898 II was requested 10
sign a petition asking for the Communication
Of the death sentence TO that of life Inn
prisopment In the case Of Eugene Hurt on
tho ground OF total insanity This l re-
fused 10 do, but In justice 70 humanity
beg to submit the following statement and
int In la GFfn al of
the condemned man: I examined SIR Burt
before and after his trial ard heard Gil OF
the testimony. both lay and expert The
consensus OF opinion o. all competent 70
give an opirion IA such caHes Was ffsi Mr.
Burt had been morally delinquent from