The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-09-01
THE GALLDWS.
ANOTHER EXECUTION IN TEXAS.
Hanging Of q Mexican for the Murder
Of His Stepdaughter.
Particulars Of the Crime, Conviction
and Punishment.

and Punishment.
SAN ELzEARto, Ell Paso County, Texs4l
The highest penalty known to the law was shis day
mncted upon Bartolo Mendoza, Ut this place, the
murder Of his stepdsughter, MERGED AvalOs.
The criminal lived near Ell Paso Texas, and had
at different times attempted to seduce che girl with
out success. she being engaged to be married to q
young Mexican, with the consent OF her mother. On
the day Of the murder the girl started to 60 to FL
PasO, Mexico, to be married. Mendoza tried to pre-
vent her, but she insisted on going and started
alone. He Immediately followed her and asked 'rr
she still refused to comply with his desires before
marryingr She answered 'that when she returned
from Ell Paso she would return married." He then
drew revolver, cooked and pointed 1t at her in
presence Of younger sister, and said 'Take that"
firing and shooting her through the heart. He re-
cooked his pistol and snapped cap at the younger
sister, and while cooking 1t third time 1t went of
accidentally the ball passing through his cheek and
nose which prevented the preparation OF another
murder. He was almost Immediately arrested, and,
after q preliminary examination, was sent to the
custody OF the military at Fort Bliss to await an In
dictment for murder before special term OF the
District Court. On the 9th day Of July an ndict-
ment was found against him for murder in the first
degree
On the day of trial jury was empaneled, the
prisoner pleading not guilty. The evidence against
him being overwhelming, the jury retired for delibe
ration and returned in few moments with verdict
Of guilty The prisoner was remanded to the county
Jail for sentence and on the last day Of the term
sentenced be hung by the neck until he dead.
Upon being asked If he had any reasons to give why
Judgment should not be passed upon him he replied
That hah nA TO hrtnc lxoav ehn~1
could be attended by priest of his faith, which was
answered in the Affirmative The prisoner received
his death sentence with perfect c0mposure, and on
his return to jail stated that he had but time to
die and that he not afraid OF death. But he ex
pressed strong desire to have the sentence changed
from hanging to shooting, making request to the
shern and sending for the judge, to whom he ex-
pressed the same DESIRE He seemed resigned when
told that the sentence could not be changed. Father
all the comforts 10 be derived from his religion.
Mendoza was born IN tine city OF Chihuahua Mexico;
ns eUhsd sho s sn gn
Nothing peculiar could be noticed In his physiogno-
my denotlng the criminal although he had q down
cast LOOK. He had killed man In Chihuahua in q
quarrel and was fugitive from justice at the time
OF the murder and attempt AT double murder Of
two innocent, unofYendinR young girls. Nothing OF
Q criminal nature had been brought against him
while residing in FL Paso, Texas except the killing of
COW belonging to one Of his neghbors, which could
not be fully proven. From and after the second
day Of his confinement in the county jail the pris
Oner was hourly engaged in prayer. He had an ex-
a person who knew the hour Of his death his per.
sonal appearance improved daily gaining ut least
pound or flesh every twenty -four hours. He ate
more like q beast than man, and 1t was observed
constantly by his guard OF five men that me ate
more than the whole nve." He appeared very anx-
iOus for the coming OF the day of his execution and
frequently wished that 1t would be the next day,
and often wondered why he was made to wait long.
few days before the execution he made viii, and
after providing for the payment OF his debts, he be-
queatned all OF his remaining property TO his wife
but she refused to accept anything. He wllled the
PaUn W mi tad fhA nr~lAV
his attorney (Mr. Clark and made a disposition OF
everything personal, even to the hat, clothes ana
on the evening before the execution an extra
guard OF twenty-five citizens was detailed to watch
fe a h was mot % ere very
would attempt to rescue the prisoner. In spite OF
the continual centtned dlertd called about every
ten minutes, the prisoner slept well, arose at his
usual hour and ate very hearty breakfast. He, for
the frs. time after breakfast, appeared to realize his
horrible situation; SIN he conversed freely on in
different subjects with his usual sdnlr'Oid. Your
correspondent visited him for The last time when he
asked to write letter to his brother In Chihua-
hua, OF which the following ts translated COPY
SAN ELzKAgIo, August I3, 1859.
sIsoR DON =, chihuahua !.
o ann to die
@Ssias b., viii
:a1s yHd r
e Ct
will attend IT, and that the remaining part belonging
notify Saossas: Z. .Y S.:
SS saas cu q xdc in
sAHT010 Xxi II MENDOZA.
when leaving he told your correspondent that II
he had ever injured him IN any way he asked for
afterwards his last meal was brought to him, which
he ate, though without his usual appetite Among
other things brought were beans and chill verde,
which ne refused to touch stating that they always
disagreed with him." After eating his last meal ne
appeared to be displrited for while, but soon re.
covered. The Sheriff, Mr.. Caleb b. Miller, coming
IN, he asked him about his shr0ud, and being told
that 1t was made OF black muslin. he appeared to be
a particular favor that he would have him a purple
or maroon cOlOred shroud made. The Sheriff re-
piled that 1t was too late then to make another,
which reply seemed to trouble him more than the
fatal procession which was soon to take place.
This execution being the first by authority OF the
civil law on this roner-Presldio and Ell Paso coun.
ties, Texas and bona Ana county, New Mexico
although some twenty or more men have gone under
Sy order Ss OF Judge Lynch and although numbers
pected that large number Of persons
two 3 oT
the ground including about one hundred women
the whole proceedings were curionsly watched by
the crowd, who appeared impressed with the sOlem-
nifty OF the scene Hardly word was spoken and
excellent order was kept. No military were present.
that the arm Of the civil law was strong enough to
uphold order.
Al three O'Clock the Sheriff, accompanied by a
deputy proceeded to the jail, and everything being
In readiness the procession to the gallOws was
formed. the criminal, with Father Borrajo by his
side, marched to death with firm step and looks
nxed upon the ground, never raising his head even
once until all was over. His responses were made
In loud voice without tremor Arriving at the
scanold he bowed before 1t and assembled without
the least sign Of nervousness, heard the sentence
read In English and Spanish, with apparent indier
ence, and still stood firmly without tremor until
the rope was cut by the Sheriff. and he was launched
into eternity at hafpast three O'Clock The fall was
over six feet, and his neck was broken. He died
without struggle. After hanging half an hour the
body was cut down, placed In conn. delivered to
the attending priest carried TO the church and bu-
ried In the morning In the church yard And may
God have merCy on his aouf