Saturday, August 21, 2021

1916 0519 Hanging of Jose Buenrostro and Melquiades Chapa

 [transcribed from 21 January 1968 Brownsville Herald archives with additional comments from Facebook post discussion]

County Held Last Legal Exeution 52 Years Ago – So-Called ‘Justice’ Was Swift

Robert Runyon photo

By Chuck Schwanitz

Soon it will be 52 years since Cameron County had its last legal execution.

It was on May 19, 1916 that the last executions took place here.

“Hanged by the neck until they were dead” were Jose Buenrostro and Melquiades Chapa.  They were hanged in the County Jail yard – “before sunset,” as the law required.

Justice – if it was justice – was swift in those days.

The two me – along with 10 others – were indicted by a district court grand jury here on March 27 for the “bandit” killing of A.L Austin during the train holdup.

The jurors unanimously found both men guilty of the murder on April 13.

The term to make an appeal expired two days later, on April 15.

Little more than a month later Chapa and Buenrostro had been hanged.

That is the legal story which emerges from the yellowing – mostly handwritten – documents in the district clerk’s office here.  But between the lines there are hints of something less than legality.

Those were the days of “bandit troubles” when many persons were blamed for things they didn’t do, when tempers ran swift, and when old grudges and fueds were sometimes settled by charging the wrong men in a crime.

There is no way today of telling whether Buenrostro and Chapa had a hand in shooting Austin to death.  But they were the only two indicted who were caught and tried.

The other 10 got away, into Mexico presumably.

The indictments maintain that Chapa and Buenrostro on Aug.6, 1915 “did unlawfully and with malice aforethought kill A.L. Austin by shooting the said A.L. Austin with a gun.” 

Both Chapa and Buerostro to the end maintained that they hadn’t known one another before they met in the County Jail here after their arrest.

Much less, they said, had they taken part in any killing.

There was nobody with a Spanish surname on the 12-man jury that convicted Chapa and Buenrostro after a three-day trial.

Presumably both men were defended by attorneys.  If so, the records don’t show who they were.

[Editors note:   Their attorney was Frank Cushman Pierce who arrived in Brownsville in 1904 and “practiced law, organized and operated the Rio Grande Valley Abstract Company, and became a genealogist.”  He also published A Brief History of the Lower Rio Grande Valley.  Many of his land grant records survived and are in a vault at Market Square operated by historical association.  He was also present, along with Morris Stein of the Associated Press and Adolf Dittmann who was following events along the border during the Mexican Revolution, when Dittmann filmed Lucio Blanco’s troops near the border.]

Objections Overruled

At any rate, defense objections were pretty generally overruled during the trial and the prosecution mostly got its way.

The district attorney had charged Buenrostro practically admitted his guilt by trying to flee from Cameron County after the Aug., 1915 murder of Austin.

The defense sought to prove Buenrostro didn’t try to flee the county and brought in witnesses who swore Buenrostro had been helping them round up cattle a month after the murder.  The witnesses were Deputy Constable P.D. Haley and Deputy Sheriff George Champion.

The state objected to this testimony as “irrelevant and immaterial” and the judge sustained the objections.

The testimony showing that Buenrostro as late as January, 1916 – far from fleeing the country – had worked as camp cook for Haley who wasn’t also admitted.

Robert Runyon photo

Chapa maintained all during the trial he wasn’t even near the place where Austin was shot.

Even before jury foreman J.W. St. Clair brought in the verdict, Chapa and Buenrostro must have has a pretty good idea that they’d had it.

“We the jury find the defendants each guilty as charged in the indictment and assess punishment of each at death,” St. Clair told the court at the end of the trial on April 13, 1916.

Two days later – when no appeal had been made – the judge ordered the execution set for May 19, 1916.

Robert Runyon photos

On that date, reads the judge’s order, Buenrostro and Chapa were to be “taken by the sheriff to the place of execution … and there be hanged by the neck until they are dead.” 

Under state law the place of execution was the County Jail.

The judge’s order at the bottom shows the sheriff’s verification of the execution on May 19, 1916.

The sheriff certifies that Buenrostro and Chapa were executed “within the jail yard enclosing the jail in the City of Brownsville by hanging (them) by the neck until (they were) dead.

“I did not execute the said warrant within the walls of the County Jail,” the sheriff’s return adds, “… because the County Jail is not so constructed that a gallows could have been erected (inside).”

Photograph of the 1912 Cameron County Jail in Brownsville, Texas.  Portal to Texas History

The final document in the Chapa-Buenrostro file adds an ironic touch – the other charges against both dead men were dismissed.

According to local legend Buenrostro’s body was still warm when it was surrendered to relatives right after the hanging.

The relatives called in a doctor but efforts to revive Buenrostro failed.

The public wasn’t allowed to watch the execution – probably because a riot was feared.

The executioner became an outcast in Brownsville.



Confined jail yard space hidden by exterior wall where gallows was erected.  Photograph of the 1912 Cameron County Jail in Brownsville, Texas.  Portal to Texas History


from Big Wonderful Thing: A History of Texas By Stephen Harrigan




from War along the Border The Mexican Revolution and Tejano Communities



It looks like a Robert Runyon photo. The King Ranch was a frequent target for cow thieves. Rangers were called in to address the problem but as lawmen they oftentimes took the law into their own hands and killed indiscriminately. On postcards and in books these images were captioned without names of dead men but instead, they were simply referred to as "bandits". ---Javier Garcia  [photo sent by Jose Davip]  

One photo - two descriptions of it below  

Version 1

1915 - Texas Rangers on the King Ranch in South Texas with lassoes pulled around the bodies of Jesús García, Mauricio García and Amado Muñoz.  --- Jose Davip

Version 2

These three are Mexican Bandits of a group of about 80 that attacked the Norias Ranch August 7 1915 . These bodies were recovered and had been buried by the retreating bandits . A young boy had been kidnapped from the ranch house after the attack by the bandits . During the night he managed to escape and return to the ranch at daylight . He verified that there were many wounded and they had to be tied to their saddles . 5 died that night and were buried in the sand . This photo was staged after the odies were recovered by ranch hands .

The Texas Rangers were not even at the Norias Ranch during the attack because they and a contingent of Mounted Us Calvary had ridden to the El Sauz Ranch about 25 miles away because it said that the group of bandits were in the process of raiding it . They did not return till my later after just over a dozen people at the ranch managed to deter the raid after one of the bandit leaders was shot .

When I have more time I can supply the names and identities of the people that were there that night . From the information I have an old lady that was probably the grandmother of the young boy and mother of one of the vaqueros was shot point blank when the bandits broke into the ranch house to gain a vantage point on the ranch defenders during the gunfight which lasted about 2 1/2 hours . --- Steve Rogers

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