San Antonio light. [volume] (San Antonio, Tex.) 1911-1993, 1923-02-23

for the Staying Of Mrs. Lynch,
Prospect Hill resident; Hugh Maycs
negro, for the murder of Leo Woods
white youth, and doc" Williams
negro, for the Staying OF a white mar
near Lavernia, in the eastern part Of
| Bexar county.
Lee Johnson, negro, convicted fol
the murder Of DIR. Augustus Mavericks
J of San Antonio, was the first man tc
die on the new steel trap. The execu'
ton OF George Mckinley Grace, ne
gro, convicted for criminal assault OIL
| a white woman, was the second, and
Apolinar, who died today, was the
third.
Had Hope Until Last.
Despite the fact that Governor Neft
last Monday announced that he would
not interfere with the execution oil
the condemned man, hope was enter
tanned up TO the last minute that the
chief executive might relent and the
family and friends of Apolinar PER
sisted in their efforts TO have bis sen
tence communted up to the last mo-
ment. The plea for executive cle-
mcncy in his case was based on the
representations that he was insane
when he committed the crime and was
still insane.
ApOlinar's crime was an unusually
brutal one and aroused intense feel
ing at the time of it's commission
among the people in the eastern sec
ton of the city. Theodore Bernhard.
n youth about 10 years old. with a
younger brother. was playing ut a
water hole on the SaladO creek near
the old BEN Brick yard. They had
been herdIng mich cows and had only
stopped for n moment Mt the pool.
y Brutal Murder.
According 10 the story told by the
younger brother after the killing,
ApolInar approached the spot and he
came incensed, claiming that the boys
had muddied the water in the pool.
The boys became frightened aud start
ed to run. Apolinar then picked NJ
several large stones, the younger
Bernhard boy said, and struck his
brother, knocking him down. After
the youth was down the man is said
TO have crushed his brains out with
other rocks and TO have gOuged out
one of the boys eyeballs. This eye
ball was found in Apolinar's pocket
after he was arrested and taken to
Jail. The arrest was made by Deputy
Sheriffs Tony Diaz, John Subira and
Police Captain Trevino and Detective
Ruhnke. The crime was committed on
August 16, 1921.
Apolinar was tried and convicted
of the boys murder and given the
death penalty. His case was appealed
but the Court OF Criminal Appeals AT
Austin upheld the verdict of the jury
in the trial court. After the mandate
had come down attorneys for ApOlinaI
succeeded in getting jury TO try thu
man for insanity. After almost a week
Of taking testimony the jury returned
verdict declaring the man sane. He
was then sentenced to hang by Judge
S. G. Tayloe in the Forty-fifth Dis
trict Court. which ended all hopes NJ
securing his release. or a lesser sen
tence by court procedure.
Given Two Trials.
II was then that attorneys and
| friends Of the condemned man started
a petition for executive clemency. il
was circulated in San Antonio ant
received many signatures, some people
believing that the man was insane
The netition was then taken to Cover
| nor Neff.
After a close study of the case n:
presented in court records. Governor
Neff last Monday stated that in view
Of the fact that Apolinar had becI
tried by two jurirs md found TO b,
sane, he could not consistently inter
fere with the mans execution.