The First Legal Execution in Wilson County

1.  Manuel Martinez was born about 1820 in Texas, the son of parents born in Mexico (father) and Texas (Mother).  Manuel was a farmer and a town constable.  He married Teodora Lazarin about 1858.  Teodora was born about 1826 in Texas, the daughter of Texas-born parents.

Two children of the union:

  i. Nicolasa Martinez - born 1858 in Texas
2. ii. Maximo Martinez - born 1860 in Texas; died 30 July 1897 in Floresville, Wilson County, Texas.

2.  Maximo Martinez was born 1860 in Texas, probably in Bexar County.  As a 20-year-old he was still living at home and worked as day laborer in Bexar County.


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He married Trinidada Martinez in Floresville on 12 September 1894.  The marriage brought two children :

  i. Dolores Martinez - born 1895 in Floresville, Wilson County, Texas; died 5 Jan 1989 in Poth, Wilson County, Texas.
  ii. Cevera Martinez


On the night of June 6, 1897 Maximo changed the lives of everyone around him.  His story is given in the newspaper clippings below.


 

The Galveston Daily News.

June 8, 1897.

page 3, col. 4

A WARRANT OUT.

Maximo Martinez Charged With the Floresville Crime.

Floresville, Tex., June 7.--A warrant is out for Maximo Martinez, who is charged with murdering the old man and his wife and granddaughter near Floresville Saturday night.  The warrant for his arrest is in the hands of the officers. who went from here Sunday morning.  The officers have not yet returned.  They have been joined by officers from Karnes county.  His horse, saddle and clothing have been found, but he secured another horse later.

The murdered three were buried late yesterday evening in coffins sent from here.  Feeling is very strong against the murderer, especially among the Mexicans.

 

San Antonio Sunday Light

June 13, 1897.

Front page, col. 1

MURDERER CAPTURED.

CONFESSES TO THE GUILT OF AN ABOMINABLE CRIME.

Murdered Three Persons Near Floresville Last Sunday And Was Rounded In Yesterday

The Light was informed yesterday afternoon of the capture of a Mexican, named Maximo Martinez, wanted in Floresville, charged with having committed a most dastardly crime.

Last Sunday, a Mexican man, his wife and daughter were murdered at Floresville, and Martinez, who had been paying considerable attention to the girl, was suspected.  He had asked the girl to run away with him but she refused and this is believed to have led to the crime.

At any rate, Martinez had been missing since the murder was committed.  A posse of officers went in pursuit of him.  they hunted high and low.  Sheriff Morris, of Karnes county, with a number of others, took the direction towards the Rio Grande, believing that Martinez was headed towards Mexico.

After a five-days' chase they discovered the trail of their man and captured him somewhere near the boundary line of McMullen and Webb counties.  He was afoot and shoeless. When he saw that all hope for escape was lost he surrendered and confessed that he is the man wanted.  No time was lost in taking him to Floresville, where he arrived yesterday in custody of the officers and placed in the Wilson county jail.  A crowd of about 400 people was at the depot to meet the officers and the prisoner, and for a while it appeared as if a necktie party was being organized.

In order to avoid any Ohio trouble the train was stopped before it reached the depot, and the prisoner was quietly hustled off to jail, while the people waited at the depot only to be disappointed.

The posse consisted of two officers of Wilson, three of Karnes and two of Atascosa counties.  Their man was caught on the Osmon ranch in McMullen county by Juan Garza.  The accused feared he was going to be lynched and made a full confession to the officers, begging earnestly for protection.  He detailed how hw killed Plutarco Carillo, aged 81 years, Dolores Carillo, aged 51 years and the 18 year-old girl Juanita Acosta, the latter after he had ravished her.  He said he would have killed the Martinez family, also, including his wife, from whom he was separated, had not daylight come too quickly.  He said he loved the Acosta girl and she would not elope with him.

The officers of the posse desire to express their thanks to the citizens along the trail they journeyed for the great assistance and many kindnesses tendered them.

 

The Laredo Times.

June 14, 1897.

Page ?, col. 3

Maximo Martinez, after being trailed for five days, arrested and taken to the Floresville jail.  The proof of his guilt being so strong, he has confessed to having murdered the aged couple and their grand-daughter in Wilson County.

 

The Daily Light.

June 14, 1897.

page ?, col. 4

FEARS A MOB.

Maximo Martinez Says he is Not Afraid of the Gallows.

Henry Merritt was at Floresville yesterday and took advantage of the opportunity to visit Maximo Martinez, who is in the Wilson county jail for the murder of an old Mexican man and woman and a young girl at Floresville last week.  

"He is one of the hardest look men I have ever seen," said Mr. Merritt.  "He can't look a person in the face when one looks at him any length of time.  He has a regular football head; that is, long, bushy hair.  He says he is not afraid to die on the gallows and all that he fears is a mob.  He says that he loved the girl, and knowing that he couldn't have her he was determined to kill her.  The report that the grand jury has indicted Martinez is wrong.  The grand jury is now in session and it is expected will report a bill against him today.  It is believed that he will be tried at once an that in two weeks Martinez will have expiated his crime on the gallows.

 

The Daily Houston Budget.

June 18, 1897.

Page ?, col. 3

FLORESVILLE CRIMINAL CASES.

Some One Departed With the Grand Jury Docket--Martinez Case.

Floresville, Tex., June 17.--The case against John Otholdt, in which defendant is charged with the murder of a woman in Lavaca county, in March, 1896, is now on trial in the district court.  the woman was murdered to obtain money, and a brother of John Otholdt was convicted in Lavaca county for complicity in the murder and is serving a life sentence.

The case against Maximo Martinez, who is charged with the murder of Plutarco Carrillo, his wife and their granddaughter, has been set for Wednesday, June 23.

The grand jury has not yet adjourned, although very few bills have been reported.

Someone stole the grand jury docket last Tuesday at noon and the loss off it is worrying the jurymen.

A thief robbed W.C. Ager's drug store last Monday in day time of $29 by entering the back way and taking the money from the safe, which had been careless left open.

 

San Antonio Daily Light June 21, 1897

Front page, col.1

MARTINEZ INDICTED.

He Will Be Tried for Murder at Floresville Wednesday.

It is locally reported that Maximo Martinez, who in the Wilson county jail on his confession to the murder of an old Mexican man and woman and a girl, has been indicted for murder and will be tried in Floresville next Wednesday.  A special venue of one hundred men has been ordered from which to select a jury.  In order to give Martinez a fair and impartial trial, the court has appointed Messrs. Caulfield and Wisenian, of Lavernia, to represent the defendant.

 

  June 24, 1897.

Page ?, col. 5

Lynching Narrowly Averted.

SAN ANTONIO, Tex., June 16.--The brave and determined stand taken by Sheriff Morris and force of deputies in Floresville, 30 miles south of here, has prevented the lynching of Maximo Martinez, the triple murderer and rapist, by an infuriated mob of cowboys and Mexicans.  The crowd of country people who surrounded the jail until late last night have nearly all left for their homes, and there is now no prospect of an attempt being made to lynch the prisoner.

 

The San Antonio Daily Express : Thursday Morning June 24, 1897

Page 2, col. 4

MARTINEZ ON TRIAL.

Jury Got to Determine the Fate of the Mexican Rapist.

Floresville, Tex., June 23.--(Special.)--The trial of Maximo Martinez began this afternoon.  There was no trouble in securing a jury.  The evidence is entirely circumstantial.  A very large crowd of people is present, but everything is orderly and quiet.  The case will not be concluded to-day.

 

San Antonio Daily Light June 24, 1897.

Front page, col. 5

MARTINEZ WILL HANG.

It Took Only a Few Minutes for the Jury to Decide.

Floresville, Texas, June 24.--(Special.)--The case of Maximo Martinez, charged with murdering P. Corriello and wife and outraging and murdering their granddaughter, Juanita Acosta, near Floresville on June 5th last, was tried here yesterday in the District court.  The evidence was horrible in detail and the jury was but a few minutes in deciding Martinez's fate.  He was found guilty, the jury affixing the death penalty.  Judge Kennon sentenced the prisoner to hang here on July 30th

 

San Antonio Sunday Light June 27, 1897.

Front page, col. 5

MARTINEZ IS HAPPY.

He Wants a Brass Band to Play at His Hanging.

Maximo Martinez, who is in the Wilson county jail at Floresville, waiting to be swung in eternity, for the crime of triple murder, is as happy as the day is long.  Henry Merritt, who has occasion to stop at Floresville nearly every day, says that Martinez asks but two favors--he wants to see his mother and relatives and wants a brass band to play while he is being hanged.  He says he wants to die, but not at the hands of a mob, and only regrets that it is not June 30 instead of July 30 when he will get the noose.

 

  June 30, 1897

Page 8, col. 3

JOHN HEARD'S HEARING.

Floresville, Tex., June 30.--(Special)--John Heard, who is in jail here on a charge of murder, was to have an examining trial yesterday before Justice Gouger, but the case was continued until Friday on application of counsel for defendant on account of the absence of witnesses.  It is understood that in the even that he is denied bail an application will be made for a habeas corpus hearing.

Maximo Martinez was visited yesterday by his mother.

 

The Daily Light July 7, 1897.

Page ?, col. 4

A JOYFUL EVENT.

Floresville, Texas, July 7.--(Special.)--A number of citizens have subscribed $25 to pay for a brass band at the hanging of Maximo Martinez, July 30, as requested by him.

 

The Galveston Daily News Friday, July 16, 1897.

Page 6, col. 3

A CONDEMNED MAN.

Declares He Will Cheat the Gallows by Suicide.

Floresville, Wilson Co., Tex., July 15.--Maximo Martinez, the condemned murderer, who is to be hanged on July 30, declares he will suicide in jail before the time for his execution arrives.  If no other means of killing himself is presented, he declares he will knock his brains out against the walls of the steel cage in which he is kept.  A metal plate was taken away from him this week which had been cut in half, leaving sharp points and jagged edges.

 

 

The Galveston Daily News July 29, 1897.

Page 3, col. 6

HANGING OF MARTINEZ.

It Is Scheduled to Come Off Friday Afternoon at Floresville.

Floresville, Wilson Co., Tex., July 27.--Sheriff Craighead will hang the Mexican murderer, Maximo Martinez, between 1 and 3 o'clock p.m. on Friday, July 30.  The scaffold is being erected on the west side of the jail in the court house yard.  The murderer will be in full view when he makes a talk and while the noose is being adjusted, but when the trap is sprung the body will drop out of sight.

 

San Antonio Daily Light July 30, 1897.

Page 6, col. 4

ROPED RIGHTLY.

VERDICT IN A RAPE AND MURDER CASE.

Execution Of The Fiend Maximo Martinez At Floresville, Today--Done Without Music

Floresville, Tex., July 30.--(Special)--This is Friday and hangman's day at Floresville.  Maximo Martinez, the condemned murder of Plutarco Carillo and wife and their grand-daughter Juanita Acosta, the later after having been outraged, was executed.  The deed occurred several miles south of Floresville, near Marcelina, on a switch of the San Antonio & Aransas Pass railroad, June 5th last.  Martinez was hung from the scaffold erected on the west side of the county jail at Floresville, the county seat of Wilson county, at 2:22 o'clock p.m. today.  About five thousand people from this and adjoining counties along the San Antonio & Aransas Pass railway, flocked thither to witness the hanging which was partially made a public one.  The scaffold was about fifteen feet high with a fall of eight feet.  The condemned murderer, M. Martinez, was in full view of the public while standing on the platform, but when the trap was sprung, he disappeared behind a screen of cotton bagging which was tacked around the lower part of the scaffolding.

Martinez's request that a band of music be engaged to play during his execution was afterwards rescinded by him as he wish more solemnity on the occasion.

The condemned passed a very restless night although cheerful to all appearances, sleeping but one hour between the hours of four and six this morning.  He ate a hearty breakfast, consisting of bacon, beefsteak and coffee, and later on partook of some ice cream and lemonade.  He requested that a good hearty dinner be sent him at noon.

In an interview with a Light representative Martinez said that he was very sorry for the deed he had committed and hated to die on account of leaving his wife and babies.  At nine this morning Father Vento, a Catholic priest, administered the last sacrament.  Sheriff J. S. Craighead and his deputies were kept busy guarding the prisoner and keeping back the crowd from the jail.  Perfect order prevailed before and during the execution.  Quite a number of San Antonians were present to witness the hanging.  The rope was of hemp and one inch thick and was stretched this morning with a two hundred pound weight.


THE CRIME.

On Sunday, June 6, of the present year, a Mexican man, his wife and daughter were murdered at Floresville and Martinez, who had been paying considerable attention to the girl, was suspected.  He had asked the girl to run away with him, but she refused and this is believed to have led to the crime.

At any rate, Martinez had been missing since the murder was committed.  A posse of officers went in pursuit of him.  They hunted high and low.  Sheriff Morris, of Karnes county, with a number of others, took the direction toward the Rio Grande, believing that Martinez was headed toward Mexico.

After a five-days' chase they discovered the trail of their man and captured him somewhere near the boundary line of McMullen and Webb counties.  He was afoot and shoeless.  When he saw that all hope for escape was lost he surrendered and confessed that he was the man wanted.  No time was lost in taking him to Floresville, where he arrived in custody of the officers and was placed at the Wilson county jail.  A crowd of about 400 people was at the depot to meet the officers and the prisoner, and for a while it appeared as if a necktie party was being organized.

In order to avoid a lynching, the train was stopped before it reached the depot, and the prisoner was quietly hustled off to jail, while the people waited at the depot only to be disappointed.

The posse consisted of two officers of Wilson three of Karnes and two of Atascosa counties.  their man was caught on the Osmon ranch in McMullen county by Juan Garza.  The accused feared he was going to be lynched and made a full confession to the officers, begging earnestly for protection.  He detailed how he killed Plutacho Carillo, age 81 years, Dolores Carillo, aged 51 years and the 18-year-old girl Juanita Acosta, the latter after he had ravished her.  He said he would have killed the Martinez family also, including his wife, from whom he was separated, had not daylight come too quickly.  He said he loved the Acosta girl and she would not elope with him.

 

The Galveston Daily News. July 31, 1897.

Page 2, col. 3

HANGING OF MARTINEZ

HE RADIATES A TRIPLE MURDER.  WILSON COUNTY'S FIRST LEGAL EXECUTION.

FOUR THOUSAND SPECTATORS.

MARTINEZ EXHIBITS GREAT NERVE ON THE SCAFFOLD--HE SINGS AND TALKS.

A REVIEW OF THE AWFUL TRAGEDY

Two Old People Killed in Order That He Might Get Possession of an 18-Year-old Girl.

Floresville, Wilson Co., Tex., July 30.--Before 9 o'clock this morning the town of Floresville was in a high state of excitement.  It was the day set for the execution of Maximo Martinez, the murderer of Juanita Acosta on the night of June 6.  The ____ of execution was __ed by Sheriff Craighead at 2 o'clock, but it was twenty-four minutes after when the body dropped from the scaffold, a distance of seven feet.  The murderer's neck was broken and life was pronounced extinct in twenty minutes by Dr. Mason of Floresville and Dr. Plekett of Karnes City.

It was as neat a job of hanging as ever occurred in Texas and Sheriff Craighead deserves credit for it.  It is estimated that there were 4000 people around the jail and court house to witness the execution.  A very large per cent of those present were Mexicans, and few of the number felt or expressed any sympathy for the murderer.  Before the noose was adjusted he sang a song, then made a speech, and sang another song.  The nerve of the man was something unparalleled in the history of criminals in Texas.  He thanked the officers and called the names of several he knew, and finally said good by [sic] to all.

Father Vento, a Catholic priest, was with him to the last moment, and prayed for him as the drop fell.  This is the first legal execution wish ever occurred in Wilson county.

HISTORY OF MARTINEZ'S CRIME.

Wilson county people were horrified on Sunday, June 6, when the news of the brutal murder the night before of Plutarco Carrillo, his wife Dolores, and their granddaughter, Juanita Acosta, at their home nine miles south of Floresville, was circulated.  The ages of the three were 81, 51 and 18.  There were no other members of the family on the place.  A grown son of the old couple had been to a dance a few miles distant and returned home at 4 o'clock on Sunday morning.  He was the first to discover the horrible crime, and brought the news to Floresville.

Justice H. B. Gouger and Deputy Sheriffs Wright, Sanderfer, Garza and Seale and County Physician J. M. Mason, with others, left for the scene of the horrible affair as soon as possible after the news was received.  The old couple slept under a brush arbor in front of the door.  They had been knocked on the head with an ax.  The old lady died immediately, with one hand resting on her husband's shoulder.  The old man breathed a few times after the officers arrived, but was unconscious and never moved.

The object of the murder of the old couple was to get possession of the person of the girl.  She was in a room, and resisted the attempt of the brute to outrage her.  She was stabbed in the back with a knife, and escaped by ay of a window, but was overtaken and stabbed in the breast and assaulted while in a dying condition.  She was nude, with the exception of a thin shirt, when the young man returned.  He spread a quilt over her and hurried to town with the news.

Judge Gouger examined several witnesses, neighbors of the family, and rendered a verdict to the effect that the three were killed by Maximo Martinez, a well known young Mexican of bad reputation, who lived on a ranch a few miles distant, but who had married near the scene of the murder and had left his wife and two children.

The murderer was named by the young man who brought the news to town.  He had made frequent attempts to obtain the girl, but she feared him and had avoided him.

The officers followed the trail of the murderer, who was on horseback to the ranch where he worked and where he changed horses.  They then went to Falls City, where Sheriff Morris and others joined them, the sheriff having been notified by wire at Karnes City.  From Falls City the officers followed the trail in the direction of Campbellton, Atascosa county, and soon met a mail carrier, who said he had met Martinez in the road and he had told him of the murder.  At Campbellton they were joined by officers from Atascosa county and by Manuel and Theodore Tom, the two latter being experts in following a trail.  The murderer was now on foot.  He had given his pistol for something to eat, and was headed for the Rio Grande.  After much labor in scouring the country, the trail being frequently lost, the murderer was surrounded at a ranch in McMullen county and captured.  He surrendered to Deputy Sheriff Juan Garza of Wilson county, who knew him personally.  On the way back the prisoner confessed everything as told above, except to the outrage of the dying girl.

District court was in session in Floresville.  The accused had been indicted for the three murders.  He was arraigned on June 23 before Judge N. Kennon, and was defended by J. E. Canfield and L. B. Wiseman.  The trial was concluded late at night.  Next morning the jury returned a verdict of guilty and assessed the penalty of death.  He took no appeal and was sentenced the same day by Judge Kennon to be hanged on July 30 for the murder of Juanita Acosta.  He asked to have a band play during his execution, and for permission to see his wife.

 

Daily Mail, London August 2, 1897.

Page 5, col. 5

GHASTLY REJOICINGS.

(From Our Own Correspondent.)

New York, August 1.  A despatch [sic] from Floresville, Texas, states that Maximo Martinez, a Mexican, recently convicted of murdering his sweetheart and her aged parents, was hanged there yesterday, the event being celebrated with great rejoicing.

Brass bands, at Martinez's request, attended at the gaol [sic], and played lively music during the execution.  Several thousand people gathered in the town, and spent the day merry-making.  The festivities terminated with a public dance and fireworks.

 

Caller.com, Corpus Christi, Texas

http://www.caller.com/news/2010/apr/07/

 

Floresville hanging

In 1897, a farmworker, Maximo Martinez, killed three members of a family near Floresville with an ax. He was arrested in Duval County, returned to Floresville for trial, convicted and sentenced to be hanged. On hanging day, they gave the condemned man whiskey in a tin cup and kept refilling the cup. From his jail cell, Martinez made speeches and sang songs.

W. L. Wright, who was deputy sheriff before he became a Texas Ranger, was there. He later told Bob McCracken of the Caller: “It was a gala day in Floresville when the murderer was hanged. Everybody turned out; there must have been 4,000 people there.”

Salesmen worked the crowd. A gramophone salesman played records. A fire extinguisher salesman put up a small model house in the street, then set it afire so he could put it out with his extinguisher. Some didn’t know it was a demonstration and began to run. One man yelled, “Keep your seat; there ain’t no fire!” Another ran by, shouting, “You’re a damned liar!”

At the scaffold, Capt. W. L. Wright put a black cap on the condemned man’s head and fixed the rope. Wright forgot to move away from the trapdoor. He managed to jump aside at the last second when it was sprung. Wright said it would have been like the two Rangers who hanged a man in Brownsville and forgot to get off the trap door. “When the trap was sprung, they went through it, too; fell six feet to the ground.”

 

Notice of Maximo Martinez's widow remarrying?

San Antonio Daily Light October 11, 1897

Page ?, col. 3

LICENSED TO WED.

Joe L. Ahr and Rosa S. Woleken.

Doroteo Sanchez and Trinidad Martinez.

Vicente Rodriguez and Geralda Berna.