Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1931-06-19
Especial to The Herald.)

fCDtCldi 10 lHlE ftcEdtQJ
EDINBURG, June l9.-Nicandro
Munoz and Victor Rodriguez, alleged
TO have murdered federal officer
Bert Ellison exactly one year ago
today, and sentenced TO be electro
cuted. were granted a 20-day lease
on life Thursday by Governor Ross
Sterling because Of a legal technical
ity.
The electrocution was postponed
from Friday night TO July 10, Gov.
Sterling saying that the 20-day re-
prieve was granted so the courts
could determine the legality Of the
trial Of the two men. IL is alleged
their counsel was not a licensed
LAWYER.
The stay OF execution was granted
following receipts of kilograms from
Judge Hood Boone Of 18th district
court. in whose court the men were
tried: j. II. CanaleS, Brownsville
attorney. and from the Mexican
consul general at San Antonio.
A group Of HidaGo county officers
left Wednesday evening by car for
Huntsville. They are Dick Adams, I'd
Etter and r.. Il. Rowson. deputy
sheriff and Customs Inspector G.
Il. Boulware. who tod; Eltson'S
place in the u S. Customs service.
The Kidding Of EEison's body with
bullets 70 which four men were
parties, was one Of the most brutal
crimes eve perpetrated in Hida!go
county.
A third person implicated in the
crime was Jose Maria Lopez, who
was sentenced to 90 years in the
! p~enitentiary. A fourth person. MAJ
garlic Rodriguez, brother Of Nicand-
70. was killed by officers as he al
legedly resisted arrest, the day fol-
lowing the murder.
Hidalgo county officers and fed
eral officers combined in solving
the crime which took place August
9th. 1890. imong the officers as
sisting IN the investigation were De-
putty Sheriffs Brown O'Neil, Jim Nc
Coy. Federal Officer Tom Hea-d.
and Customs Inspectors and BFder
Patrolmen John Pace. John VOL
ford and Henry Johns.
The brutal Staying OF the federal
officer aroused intense feeling in
the county. and the three men were
taken 10 Falfurrias and we're in The
county Jail there from August until
Nav 18th. when they were taken by
Hidalgo county Officers 10 Hunts
vile.
The first trial was October 18th.
in Judge Hood Boone's 10th district
court. Rogers Kelley, al that time
district attorney. and now a member
OF the law firm OF Kelley. Looney
and Eorvell. handled the prosecution.
At this time Lopez was sentenced.
MuroZ and Rodriguez were tried
October 81. Kelley prosecuting. and
were 1entenced to tine electric chair.
The case was then appealed to
the court Of criminal appeals in
Austin. which upheld the verdict
OF Judge Boone's court. Judge Boone
! sentenced the men. Saturday. June
18th. MunoZ and Rodriguez to the
electric chair, and Lopez to life i'm
prisonment.
The brutal Staying "a reaction Of
revenge against officers. according
10 testimony revealed in the court
room during the trial.
Margarito's wife had been deport-
ed. and margarine was alleged 20
have stated that he would kill the
fist officer 10 cross his path. Eli
son. was the victim.
Ellison. together with z. w. Clarke.
also a federal officer. were near
a baille on the Eastern outskirts Of
Eargiil, looking for bootlegEers. They
came upon a forked path. leading
from a Mexican gambling group.
which connected with a clearing
leading through dense brush.
Ellison took n path, while Clarke
took the other.
Four men alleged 10 have sur
rounded Elli.3r. two holding him
while one poured a volley OF shots
into Ellison's body. Another fired a
second volley. both at close range.
AS Ellison sluRped to the ground
one OF the men pulled his hat Over
his eyes. and the others took his
ammunition belt and pistol. The belt
was discovered in a camp where
Victor and margarine were hiding.
some time after. but the pistol has
never been found.
Clarke brought several other Off
GERS. including Brown ONeil and
Jim Mccoy 10 the scene.
Victor and Margarito were found