ANYLEGAL EX#CUTIONS OF SLAVES THAT MIGHTRespect £
sad AveEasTt/ N= CooSNTY, TExIS
July ?0th, 19898
Our research into the history of capital punishment in our country is the
first time that’ a serious effort has been made to chronicle all of the legal
executions to have occurred in the United States from the earliest Colonial
days down to.and including the present. At this time, we have confirmed,
with various degrees of documentation, approximately 12,750 legal executions
and, in the not too distant future, we hope to have the manuseript for the
first volume,. containing listings of the executions in the Southern States,
with certain background and data, as available, concerning those executed
and their crimes, ready for publication.
The appropriate state department or agency in your state has provided us with
a list of those executions which have occurred since 19?) , when the state
took over the function of executing condemned felons at the state prison.
- Prior to that year, persons executed there were put to death locally, in the
county of their conviction, generally with the sheriff acting as executioner.
At this time, the £oLtnicins executions prior to 192 have been confirmed
jn San augustine County:
Ben Lane, hanged there on March 19, 1886,
John Dodd’ Price hanged on March 24, 1920. No details.
If your organization has any record of any other legal executions (we are not
interested in lynchings for the purpose of this work) that might have occurred
in your county prior to a , we would certainly appreciate it if you would
provide us with the names, dates of executions and crimes. Additional. information
such as the races of those executed, their ages, occupations and any other
pertinent data would also be appreciated.
We are enclosing a prepaid, addressed envelope for your convenience in replying
and you will, of course, be given credit in the work for your assistance.
If you cannot be of assistance to us, we would appreciate it if you coulda
provide us with the names and addresses of any local historians, officials
or other organizations or individuals who might be of assistance.
Naturally, we hope to provide as complete, comprehensive and accurat listing
as is possible. Even.though crime and executions are a somewhat sordid part
of our history, they are, nonetheless, an ingredient, and we feel that as much
data as possible should be collected and preserved for the benefit of future
historians of the. social ‘structure of our society and country.
Thanking you for your cooperation and kindness, I am,
PLEASE NOTE WE ARE ALSO ENTERFSTED IN
HAVE OC CURREDIN SAN AUGUSTINE COUNTY
PRIOR TO OR DURING THE CIVIL WAR.
THANKS AGAIN -
tapital Punishment Research Project
Law Library - Box 6205
University, AL 35486
2-17-78
- Smith County
en istorical Society
Mr. Watt Espy
C/O Law Library P.O.Box 6205
University, Ala. 35486
AND HISTORICAL
SURVEY COMMITTEE
TYLER, TEXAS
Thank you, Mr. Espy, for the letter of 2-10 explaining your
interesting project. I do hope you will send me a notice when
the TEXAS volume is ready for sale.
I ran across recently the following from a story in the Tyler
Daily Courier-Times, Thurs, Feb.1,1912. In an article on TOM
TATE who was sentenced to be hung for turder here in Smith County:
The verdict of the jury in the Tate case naturally recalls
the hanging of a negro man in this county in 1893. Chas.
Scott was the name of the negro hung, and he was charged
with the murder of a well known citizen named Curtis.
The crime was committed in the eastern partion of the
county. It seems that the trouble came up over a water-
melon deal of some kind when the white man was killed.
The late John P. Smith was sheriff of the county and
Judge F. J. McCord was district judge. The hanging took
place in the jail yard. So far as we can learn the hanging
of this negro is the onlylegal hanging in Smith County
within the past fifty years, and if Tate should hang,
he will be the first white man ever hung in the county.
Tate did not hang, but escaped while being held in the Ft.Worth
jail. He was never recaptured.
If there were other legal hangings or executions in Smith County
I have not personally run across a mention of them. Our pre-1900
newspapers are practically non-existant for the city so doing
research on that is difficult!
Good luck with the research, and please keep us posted.
REGARDS,
Ooi he
ICRAES Sarre (EAIe
eebeild ViELANS
es :
Smith County Wletariea! Crrt
wSTdELES County record! whey
Dyiblinndiaqnn
ruoucaans
1 ms pan ory BLE on
COMPUT eS
POA Woriuiancd Tytee vae FEI
2924 Wynewood, Tyler, Texas 7570
NX _
4
ORGANIZED 19359
if
DAERNA al
Watt Espyy Jro
Box 67
Headland, Ala. 3635
February 26, 1977
The Clerk of the Sherman County Court,
The Sherman County Court House,
Stratford, Texas 7908).
Dear sir or madam:
Currently I am engaged in research on Capital Punishment in our Country which hopefully will
culminate with the publication of a work which will contain a brief biographical sketch of each
person to have been legally executed in the United States as well as a brief account of the
crimes for which each was put to death,
According to the records that I have received, no persoh sentenced from Sherman County has been
put to death since Texas began executing its condemned felons at the State Prison in 192,
However, prior to 192, those sentenced to die in your State were hanged locally by the Sheriffs
in the Counties of thsir convictions and no S tate Departments or A gencies maintain a list of
those earlier, local executions.
If your office has any record of any legal hangings in Stratford or Sherman County then I shall
appreciate it if you will provide me with the names and the dates of executions as a basis for
further research, If there has never been a legal hanging in Stratford or Sherman County and
you can confirm this fact for me, please do so. A notation to this effect on the bottom of this
letter, returned to me, would be sufficient notification,
If you cannotthalp me, please provide me with the names and addresses of your local Historical
Society or Museum, a local Historian or someone knowledgeable on local History, your County
newspapers or some other organizations or individuals who might be of help.
Enclosed is a prepaid addressed envelope for your convenience in replying and you will, of
course, be given credit in the work itself for your assistance,
Thanking you for your cooperation, I am,
Respectfully yours,
py Pe
WATT BSPY, JR.
As far as we know there have not been any hangings in Sherman County,
Perhaps you would like to write to Mrs. Selma Pendleton, Stratford, Tx.
79084 as she is quite active in the local Historical Society.
SCHLEIC7F.R = Co > dT
26 August 1982,
Pe
$2 Our research into the history of capital punishment in Our country is the
ee first time that a serious effort has been made to chronicle all of the legal
executions to have occurred in the United States from the earliest Colonial
days down to and including the present. At this time, we have confirmed,
with various degrees of documentation, approximately 12,750 legal executions
and, in the not too distant future, we hope to have the manuscript for the
first volume, containing listings of the executions in the Southern States,
with certain background and data, as available, concerning those executed
and their crimes, ready for publication.
The appropriate state department or agency in your state has provided us with
a list of those executions which have occurred since 192), + when the state
took over the function of executing condemned felons at the state prison.
Prior to that year, persons éxecuted there were put to death locally, in the
county of their conviction, generally with the sheriff acting as executioner.
At this time, the following executions prior to 192), have been confirmed
in Schleicher County: None at this time,
If your organization has any record of any other legal executions (we are not
interested in lynchings for the purpose of this work) that might have occurred
in your county prior to 192); =, we would certainly appreciate it if you would
provide us with the names, dates of executions and crimes. Additional information
such as the races of those executed, their ages, occupations and any other
pertinent data would also be appreciated.
We are enclosing a prepaid, addressed envelope for your convenience in replying
and you will, of course, be given credit in the work for your assistance.
sell ee
If you cannot be of assistance to us, we would appreciate it if you could
provide us with the names and addresses of any local historians, officials
or other organizations or individuals who might be of assistance.
Naturally, we hope to provide as complete, comprehensive and accurate a listing
as is possible. Even though crime and executions are a somewhat sordid part
of our history, they are, nonetheless, an ingredient, and we feel that as much
data as possible should be collected and preserved for the benefit of future
historians of the social structure of our society and country.
Thanking you for your cooperation and kindness, I am,
PLEASE NOTE: WE ARE ALSO INTERES TED Respect
IN ANY LEGAL EXECUTIONS OF SLAVES THAT
@@™, MIGHT HAVE OCCURREDIN WHAT IS NOW
i: SCHLEICHER COUNTY PRIOR TO OR DURENG
‘~~ THE CIVIL WAR. THANKS AGAIN™=
y yours,
Ps say att Espy
_ Capital Punishment Research Project
a Law Library - Box 6205
aa University, AL 35486
(Dare ctuney MLVOR/ Or: amu we sral an wc) Are Ak cba
dof eta = 4 pw FRY Canale ,
“ya” A i “eg
i | LW) / 1 SOA Let -
oes ~ TEXAS STATE LIBRARY
i sh - LORENZO DE ZAVALA STATE ARCHIVES AND LIBRARY BUILDING
< BOX 12927 CAPITOL STATION
AUSTIN, TEXAS 78711
DORMAN H. WINFREY TEXAS LIBRARY AND
DIRECTOR AND LIBRARIAN HISTORICAL COMMISSION
July 31, 1979
Mr. Watt Espy, Jr.
Law Library
Box 6205
University, Alabama 35486
Dear Mr. Espy:
Mrs. Jody Gregory, District Clerk of Wilson County, referred your letter of
March 5, 1979, to me for reply.
For the expediency of explaining the reason why I am answering your letter,
please find the enclosed brochures for information concerning the Texas State
Archives regional programs.
In reference to your inquiry, I found the following information:
1) Criminal Case 741. State of Texas vs. Nicanor Elizondo: (6/20/1892),
charged with first degree murder; (6/23/1892), received a guilty ver-
. dict, punishment assessed at death; (12/12/1892), sentenced to be
\/ hanged by the neck on January 27, 1893, between the hours of 10:00 A.M.
and 4:00 P.M. The court adjourned on December 19, 1892, until the
next term on June 5, 1893. There were no court minutes recorded for
this period.
2) Criminal Case 972. State of Texas vs. Maximo Martinez: (6/24/1897),
charged with first degree murder, motion for a new trial overruled,
received a guilty verdict, and his punishment was assessed at death
by hanging from the neck on July 30, 1897; (6/25/1897), a death war-
rant was ordered by the court to be issued to the sheriff to carry
out the court's orders for the execution. The court adjourned on
June 25, 1897, until the next regular term on December 6, 1897. There
were no court minutes recorded for this period.
Wilson County District Court case papers and Sheriff's Docket and Fee Books for
that period, unfortunately, have not been accessioned and they still are in
Wilson County Courthouse. I telephoned Mrs. Gregory to see if these records
could be checked. Mrs. Gregory stated that the courthouse is being remodeled,
and the attic, where these records are stored, is unaccessible at this time.
She reassured me, however, that she would do her best to help us as soon as
possible.
Sincerely,
Ch uch $B%
Carmela Leal
Institute of Texan Cultures
801 South Bowie St. ;
San Antonio, Tx 78205 An Equal Opportunity Employer
VAL YERDE COUNTY
HISTORICAL COMMISSION
P.O. Box 175 Del Rio, Texas 78840
OS) np fO, SIS 2
: _ fetta dalek
rey ie Lacareh fragt Ke é a ; 9 148 +
a i eS - [Sel G20F° Eck ag ae 148 2
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4 wh g ew sae Aap dene £X: aT ool Moe..
jo, igo) Die S aaah fond tena verbal Meaurliny ar
ants f J awl Creche ¢ ~(#Lertd
LvU-ag Fee Nelllerner7 rs ee yy, Boner hat
RUBY HEALD
DISTRICT AND COUNTY CLERK
Plain Texan
P. O. Box 486
Phone 806 456-8696 April 15, 1977
PLAINS, TEXAS 79355
Mr. Watt Espy
Box 67
Headland, Alabama 36345
Dear Sir:
Yoakum County has never
organization on September 7,
Luna moved to Yoakum County.
one but then I called some oltimer's
I hope this will help you in your research.
With every good wish, I am,
603 North Ave B
Phone 806 592-3622
DENVER CITY, TEXAS 79323
had any legal hangings since the
1907 nor since 1903 when Mrs. M.w.
I knew that I had never heard of
and got this confirmed.
Very truly yours,
Ho otde
Ruby Heald-District & County Clerk
Yoakum County,
Texas
Nt Sle A,
had LA ni Lid NN G
ETECTIVE
J USTICE was short and sweet in the
Old West. Many a county had
neither courthouse nor jail, on the
general theory that such modern re-
finements would only encourage crime.
Court was held under the trees. And
when the judge pronounced sentence,
the condemned man stayed under
them—hanging.
Then squeamish souls insisted that
justice be stretched before necks.
Money was found for courthouses but,
didn’t go far enough for jails. As a result
prisoners had to be transported to the
nearest county having a hoosegow while
awaiting disposal of their cases. ;
In this way the Lubbock County,
Texas, jail served as the barred board-
ing house for prisoners from a dozen
‘South Plains counties. At one time the
sheriff of Yoakum County, ninety. miles
‘ away, had housed in the jail a dozen
toughies he’d rounded up. A district
court had sentenced them to hang, but
in the meantime they were gorged and
guzzled—at the expense of the sentenc-
ing county.
ty. days before the hanging
date, the sheriff of Yoakum County
got the board bill from the sheriff of
Lubbock County. The dozen outlaws
had put away $7,000 worth of grub, and
fine smokin’ during their six months in
. the lockup. And before Lubbock County
could hang them, Yoakum County also
had to fork over $900 for a gallows.
‘The Yoakum County treasurer figured
up what was in’ his kitty—$2,004.08.
Almost $6,000 to raise for a county with
only five hundred people, or the Lub-
hock sheriff would turn the outlaws
loose.
But the sheriff of Yoakum had a
couple of brains in his head as well as
a couple of notches on his gun. He had
the county commissioners declare his
barn the official county jail. He rounded
up twelve men as a grand jury which
sent an order for the sheriff of Lubbock
County to return the prisoners for fur-
ther questioning.
The sheriff of Lubbock County
grumbled at losing his only security for
the board bill, but nevertheless he
surrendered the prisoners. A Yoakum
County posse took the outlaws to the
barn of the Yoakum sheriff where
twelve greased ropes hung from the
rafters. Yoakum County eventually
80
rf
paid the board bill in installments.
Sometimes, jails were so crowded
with guests from outside counties that
little room was left for local boarders.
Which caused some sheriffs to parole
the “visitors” on condition they not
leave the county. The practice caused
one Arizona sheriff a big headache in
the days when the territorial legislature
was cutting up big counties into little
ones.
An area where one of his paroled out-
Jaws was staying became a separate
county and-was therefore no longer
under his jurisdiction.
To make matters worse, the parolee
was elected sheriff of the new county.
The star-wearing outlaw added insult
to injury by sending his deputies with
batches of prisoners to be boarded in
the old sheriff's jail.
But the old sheriff had what it took
to make a lawman out West. He learned
through undercover investigation that
his “worthy” colleague regularly visited
a girl across the line in New Mexico.
Quietly, the old sheriff boarded the
train to Santa Fe and obtained an ex-
tradition warrant.
He handed the warrant to New
Mexico officers and they served it on
the outlaw sheriff when the gent next
‘came calling on his senorita. The out-
law was brought back to the old sheriff’s
jail and put in the bull pen along with
the boarders he’d sent over,
Sometimes, kind hearted sheriffs let .
Prisoners work on the outside. Until
recent years, Nacogdoches County,
Texas, permitted minor offenders to
pick cotton during the fall. And the Na-
cogdoches sheriff probably came off bet-
ter in the deal than one Nevada lawman
who tried a similar plan.
The Nevada sheriff ‘had too many
guests from too many counties in his
jail, and too few good cowpokes on his
big ranch. So the sheriff decided to hire
his prisoners, putting them on their
honor not to escape.
Every man scrupulously kept his word
about staying put. Not one restless eye
turned in the direction of a county line.
But the new cowhands were+so handy
with rope and branding iron that they
began increasing the sheriff’s herds at
the expense of neighboring ranchmen.
Maybe, it was their idea of getting even
with the law. Anyhow, after the grand
jury met, the sheriff, swearing his inno-
cence, took out of Nevada—six jumps
ahead of another sheriff.
—By Harold Preece
to hesitate before answering ea
tion, and appeared to cltoose |;
carefully.
Fraser looked him over clo:
then remarked that he apparent]
suffered any burns while attem
rescue his wife and stepchild.
“No,” he admitted, “but my |!
singed.” Then, when Fraser ea
examine his hair, he added has:
doesn’t show now, because I got:
‘yesterday morning.”
Fraser stared at him. “You |
lost your wife and stepdaught
frightful tragedy,” he said. “y
same morning you found time to
hair cut?” vo.
“I needéd a shave,” Brusna
plained, “and I looked kind of fu:
my hair singed, so I had the bar
it.”
Fraser switched the questionin
subject of the cleaning fluid and s
Brusnahan said he had bought
gallon can of cleaning solvent tw
previously at a service station «
Lakeport. The stove oil was alr:
hand, he explained. There was
drum of it in back of the house, :
garage. He had heen in the hal:
ing the five-gallon caf from it an
ing it in the house to burn in the
“But we’ve had hot weather for
Fraser pointed out. “You certainly
used the heater recently. And yo
didn’t need five gallons of stov:
loosen a few spots of dirt on you
sers.”
Brusnahan shrugged. “The can
oil was in the house all the time,” |
“and my wife was using it. That
know.”
FRASER finally brought the in:
to a close. He thanked Brusnal
his cooperation and let him go.
“We're going to charge that fello
murder,” Fraser told his assistan:
answers to my questions would be
need if he had given them under
Crump agreed. “I never heard «
one keeping his glasses on while tz
shower,” he remarked, “or leaving
unlocked every night with his mo
it ”
Fraser had to go to Southern Cal
the next day on another matter, so
structed Crump to arrange for a coi
inquest and to call Brusnahan as t!
witness,
“Have him testify under oath
things we’ve just heard,” he said.
just let him try to change his st:
court.”
The inquest was held on Saturday:
18. Brusnahan testified as the first w
giving Crump the same answers h
given Fraser. A recess was then ca!
An hour later, Eugene C. James
ginia Brusnahan’s brother, who h:
rived by plane from Chicago to atte:
funeral, swore out a warrant chz
Brusnahan with double murder and;
Brusnahan, protesting his innocenc:
taken into custody at once.
Crump and Sheriff Antrim then
to Lucerne and searched the small g
behind the burned house. They fou
Army trunk bearing the name of th.
pect’s brother, a lieutenant, and a
stone bag and suitcase.
The luggage was crammed full of
nahan’s belongings. His clothing
neatly folded and seemed to comp:
complete wardrobe. His Army disc’
Papers and other documents were ;
But what aroused the officials’ in
more was a sheaf of papers from a !
leaf notebook, on which were liste
wit to bury him in
~
PERF Fey Eee Te 12
Berry Cottman believes that back during in the first degree. The courg, record on the
the Great Depression, the Tyler County Court- day Wilson was sentenced: eee es
house at Woodville was ruined by a ‘Works ‘
Progress Administration (W.P.A.) project.
“IT JS therefore considered by the Court
: ‘ that the prisoner . . . be taken fo the place of _ coe
AT ANY RATE he believes the appearance Public Execution and there to/be hanged by.
of the courthouse was ruined. Maybe you the neck . . . until he be dead, dead, dead..."
would agree if you ‘could see how that build- Coffman said one reason he got interested in- 3
- this 1854 murder trial was the way itcom- . |
pares to a present-day murder case, as far as |
costs are conterned. Costs in both time and |
money. ee z
Seam mined me ner oee
ing looked when it was new. Tt was a fine ex-
ample of the architecture common to public
buildings in the 1890s. It had towers and
steeples and high windows and great dignity, é BR el SEC SE eas To
and the W.P.A. came along and modernized it. WILSON was indicted on May 2, 1854, and 2
What that meant, that modernization, it meant executed just 30 days later. And unless I’ve -
removing all the flavor and character of the made a mistake in arithmetic, _Coffman’s
building. Eliminating angies and projections notes copied from the records show that the
and smoothing things out, sort of the way you _ jailing and the trying and the execution of.
would try to modernize a bird by cutting his Wilson cost $215.31. This included such items
tail off. 2 i peente
[i as irons for his. legs and pay for his ‘guards
: panes ise eee , and $10 for a coffin and $7.81 for a suit to bury
OF COURSE SOME MAY NOT agree with him in. | | a re
Berry Coffman but I figure he’s due an opinion ig RR ; ‘a eee
because he spends a lot of time in that eautl: CONSIDERING that . i9ti-model _ murder
house. He is the local Digger Into Records trials go on for months and montis and cost
and the Straightener Out of Old Stories. For a the — taxpayers : millions, the Wilson, case
decade he-has strained his eyesight by exan}- amounted to mighty inexpensive Jaw enforce:
ining the court records of Tyler County and -ment. Although I expect that was of little com- :
lifting and making a note on anything he fig- fort to Wilson and his folks. _
ures is significant or even just a little bit in- "1a ee ;
teresting. Like he can look in his notes and- BERRY COVFMAN TOLD ME the first
tell you that on the third day of October in man to die in the electric chair at Huntsville :
1892, the ‘Tyler County Commissioners Court Was tried in that courthcuse at Woodville, In
met and ordered that one F. W. Geisendortt 1928: His name was Mack Matthews. Coffman
‘be allowed $8 out of county funds, as pay far Said court minutes showed Matthews _ con:
greasing the courthouse windmill for two fessed to the murder of his wife. He was B17"
months. en 49 en a death sentence and taken to Huntsville
eee hs tr a hss ‘and placed in the electric chair. But the new -
COFFMAN ‘has’ aso studied and copied de- chair wasn’t working right. Matthews was re-
tails of the murder trial of James Wilson, wile moved from the chair. It was repaired. He
in 1854 was charged with the murder ofablack was put back in and executed. Coffman said
slave called Bill and tried in Tyler Count he has read all this in court records in the
District Court. According to the minutes of t Tyler County Courthouse. He said if this were _
court, Bill was “the properly of Anders to happen now, surely the law would not allow
Barclay.’ Wilson. answered not guilty to the — the prisoner to suffer the experience of being
charge but a jury found him guilty of murd¢c placed into that chair twice. ee
y
v
t
Te Wing.
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FESS: <
TYUBR COUNEY, TEXAS.
J. B. Coffman
PisO. Box: 272
Woodville, Texas
pak: January 30, 1975
Mr. Matt Espy, Jr., | ?
Redland, Ala. fof.
too19
Dear Mr. Espy:
I have your letter in regard to your
research on Capital Punishment in the
United States and I am enclosing a news-
paper clipping regarding two cases.
This man, Wilson, went to the farm home
of Anderson Barclay withe stated intention
of killing him. Mr. Barclay, however,
was not at home so Wilson just shot and
killed his slave. He was hanged on the
Court House lawn on June 2nd, 1854.
In Mack Matthews confession he stated
that after he married he discovered that
his wife had "gone with" another man for
six years before they were married. He
asked her why she had not told him about
this and she replied that it was too late
then to do anything about it. She went
to Church and when she returned he asked
her again and she gave the same answer.
She went to bed and after she was asleep
he went outside and got his axe and with ca
two blows he completely decapitated her. \ orn
I have no information about the other two
cases, G. B. James and Henry Carr. There
has been some renovation in the interior
of the Court House and the records are
in disorder at present. I am going to
be out of town for about 30 days. Bhen
I return, I will check cases.
NE a
ere ae Phi BOO® ~ as
os EE tte ae Pt
. Fa ,
ae Late
paar FU) a, Re i
tail beter Soe Pe Dae nat Bhd ea lS
J. B. Coffman
Box 212
Woodville, Texas 75979
March 9, 1975
Dear Mr. Espy, Jr.,
I have been out of town for more than
a month and just returned a few days
ago.
I have your letter of Feb. end. -
There has been no legal hangins in this
County of Tyler except that of Rhode
Wilson.
As to G. B. James and Henry Carr, I
have not found any record concerning
them. Is it possible that they were
in Tyler, Texas instead of Tyler Co.?
If you will advise me as to where you
obtained your information concerning
them, what was the charge against them
and an approximate date, I will will do
some more checking of the records.
Respectfully,
5 Cfffinen
Box 212
Woodville, Texas
March 17, 1975
Mr. Watt Espy, m9
Headland, Ala.,
Dear Mr. Espy;
I have found the record of the trials
of C. B. James ana Henry Carr in the
District Court records
C. B. James, case No.4630, was tried
October 29, 1934, He plead not guilty
but was found guilty by the jury and
assesed the death penalthy.
Henry Carr, case No, 4645, was tried
December 4, 1935, He was charced with
murder and pled guilty. The jury gave
him the death penalty.
THIS IS ALL I CAN FIND REGARDING THESE
TWO CASES! The transcrips are missing
I found the transcripts in case No. 4644
and No. 4646 but No. 4645 was not there,
I found that the transcripts in a lot
of other criminal cases are missing
also.
This is a strange and deplorable thing
and I have not been able to find anyone
who can explain why and how these papers
could ve missing.
R tfFlly,
2 —*
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