Val Verde County News

SLAYING SUSPECT SERIOUSLY ILL Del Rio, Tex. Jan 2 -- Virgie Elliott, 18, held in the Val Verde County jail in connection with the slaying of the old unidentified woman near Comstock nearly a year ago, has been quite ill for several days, Sheriff Whistler stated Tuesday afternoon. The woman was brought to Del Rio several days ago from the Sweetwater jail to be questioned regarding the murder in Comstock County, but has been too ill for examination, the sheriff says. Hugh Tenney is being detained in the Sutton County jail in connection with the same case, Whistler says. Victoria Advocate, Jan. 2, 1929, transcribed by, Amanda Jowers     JOSE MENDEZ JOSE MARIA MENDEZ VS. THE STATE: APPEAL FROM VAL VERDE Murder of the first degree with the death penalty. The indictment charged a killing upon express malice aforethought. It is apparent from the evidence that, that the murder was committed for the purpose of robbery. The court charged: All murder committed with express malice is murder of the first degree. It is objected that the evidence did not present the issue or the indictment charge of murder in the perpetration of robbery. There was no error. After the defendant had testified and had been cross examined by the state, the state over objection was permitted to recall him and examine him further. This was no error. By testifying the defendant waives the protection thrown around him as such defendant by the bill of rights and assumes the attitude, place and liabilities attaching to him as a witness, the same as other witnesses. Affirmed. Opinion by Davidson J. (Dallas Morning News, June 19, 1891, page 3, transcribed by Peggy Thompson)  HANGING OF JOSE MENDEZ He Acknowledges his Guilt Upon the Scaffold Warns Others Not to Let their Passions Get the Better of Them – Details of the Crime Del Rio, Tex., Dec. 10 – This morning at 10:50 o’clock the father of Jose Maria Mendez entered the cell to bid farewell to his son. At about 11 o’clock the cell door was opened and the prisoner walked down the steps unassisted into the hall. He passed through and entered the execution room when he ascended the first flight of steps. Three windows gave him a view of the crowd below. He asked permission to address them, which was granted. The following is in substance what he said: I am about to be executed for a crime of which I acknowledge I am guilty. I killed Frank Wilkens and I am sorry I did it, but he was a bad man to the Mexicans and I killed him in a heat of passion. May my death be an example to you all to not let your passions get the best of you. I am prepared and am willing to go. I am not afraid. The only regret I have is to leave my father and mother in so much trouble. His talk was about five minutes long and he spoke very clear and firm. When he referred to his father and mother some of the crowd wept. He was affected, but continued his talk. His picture was taken but he requested that no one should have any but his father, mother and the jailer; that they should not be put in any paper. He then ascended the steps to the trapdoor and asked to smoke his last cigarette. While smoking he talked and smiled very pleasantly. Having finished smoking he stepped on the trap door and announced that he was ready. His feet were tied and then he reached around and told all in reach goodbye. When his hands were tied he placed the loop over his head drew it up and remarked. How nicely it fits. The black cap was placed over his face which he objected to at first, but finally consented. At about 11:30 the door was sprung and nine minutes after the doctors pronounced him dead. On Dec. 18, 1890, a party of ranchmen riding over the ranch of Wilkins Bros. in Crockett county near the Pecos river, discovered the dead bodies of Frank Wilkins and Si Walton in the store run by the owners of the ranch. Jose Maria Mendez was arrested in Mexico, extradition proceedings were had and the murderer surrendered to the Texas officers and brought back to answer for his crime, was tried and convicted. (Dallas Morning News, December 11, 1891, page 2, transcribed by Peggy Thompson)