Salvation on Death Row

by John T. Thorngren

  A decade before Chipita was executed in San Patricio County, a woman was legally hanged in Dallas County. The murderer convicted by Dallas County jurors was a slave named Jane, sometimes called Jane Elkins. Today she is a dim, distant figure. But that she hanged is a fact.

  Texas history books often give Chipita a solitary distinction she didn’t want or deserve. For example, in 1970, Vernon Smylie of Corpus Christi wrote A Noose for Chipita. The book’s cover proclaims: “The strange case of the only woman ever legally hanged in Texas.”

  An entry on Chipita in the Handbook of Texas, compiled by the Texas State Historical Association, begins:

  “Chipita Rodriguez was the only woman ever legally hanged in Texas. Chipita (possibly a misspelling of Chepita, a diminutive of Chepa, nickname for Josefa) lived in a hut at a way station for travelers on the Welder ranch lands on the Aransas River on a trail that led from adjoining Refugio County down to the Rio Grande and Mexico. San Patricio County records show that in August 1863, she along with Juan Silvera (Juan “Chiquito”) was accused of the murder of an unknown man whose body was found in the Aransas River near Chipita’s cabin. Later accounts call the man John Savage, a horse trader on his way to Mexico carrying gold…Debunking the Bible.”

  The Handbook, a reference bible for Texas historians, is now being revised and enlarged for the 1990s by historical association researchers and editors under the direction of Ron Tyler, an able historian. Tyler, in the new edition, should accord Dallas County its long overdue recognition as a community of woman hanger

  Incidentally, Texas hasn’t claimed a woman’s life since the state began performing all executions at Huntsville in 1924.

  Through the years, Jane has been ignored while Chipita has captured much attention in newspapers, magazines and books. Chipita’s hanging inspired a piece in Old West magazine headlined “The Curse That Killed San Patricio Town.” Something cursed that town. Once an important commercial center and county seat, it’s a dot on today’s map. Sinton is now the county seat.

  Chipita’s ghost haunts the Nueces River banks where the hanging tree stood. Or so wrote Marylyn Underwood in a popular 1981 book, Legendary Ladies of Texas.

  One cannot blame Chipita—who denied the murder charge—for being restless. If she didn’t get a bum rap, she got a bum trial.

  The whole case was circumstantial. Moreover, the sheriff, who arrested her, served as foreman of the grand jury that indicted her. Apparently, three of the grand jurors served on the trial jury.

  Four members of the grand jury and trial jury had faced felony indictments shortly before dealing with Chipita. Apparently, six of the grand jurors were employed by the county or had lawsuits pending before the trial judge. And the prosecutor had been under two indictments that were dropped before Chipita’s trial.

  At least it was swift. Two days after the fall term of court began in 1863, Chipita was indicted.

  Two days after that, she was convicted. The following day she was sentenced to die 34 days later, a Friday the 13th. Chipita’s attorney withdrew a motion for a new trial. And the judge ignored the jury’s recommendation of mercy. The recommendation stemmed from her advanced years. Her exact age isn’t known.

  John Silvera, who was 50, was convicted of second-degree murder and sentenced to five years in prison.

  Although universally forgotten outside Dallas, Jane’s case is familiar to some local history buffs and courthouse staffers. For example, Sheriff’s Detective June Gunn, Deputy Nancy Stout, retired Deputy O’Byrne Cox and Donald Payton of the Dallas County Historical Society told me what they knew about Jane’s case.

  The staff at the Texas/Dallas History and Archives Division of Dallas’ J. Erik Jonsson Library informed me further. Librarian Gary Jennings produced a volume of district court records, which preserves the tragic case of the “State of Texas vs Jane, a Slave.”

  Dated May 16, 1853 is this: “We the jury find the defendant guilty of murder in the first degree. We further find that the defendant is a slave of the value of seven hundred dollars and that the owner of the defendant has done nothing to evade or defeat the execution of the law upon said defendant. (signed) D.R Cameron, foreman.”

  And on May 17 the entry reads: “…And it being demanded of said Jane if she had anything to say why judgment and sentence of death should not there be passed upon her and the said Jane saying nothing thereto: It is therefore ordered adjudged and decreed by the court that the sheriff of Dallas County keep the said Jane in close confinement in the common jail of Dallas County until Friday the 27th of the present month of May, and that…between the hours of eleven o’clock a.m. and three o’clock p.m. the sheriff…take said Jane from the common jail of said county and convey her to a gallows erected for that purpose and there…hang the said Jane by the neck until she is dead…”

  In an unpublished 1940 manuscript, WPA Dallas Guide and History—written by the Texas Writers’ Project of the Works Projects Administration—is this paragraph:

  “It was in 1853 that the first legal execution took place in the county. This was the hanging of Jane Elkins, a slave who had murdered a man named Wisdom at Farmers Branch. After a trial before Judge John H. Reagan, most notable jurist of his time, the woman was hanged May 27, 1853.”

  In an 1892 publication, Memorial and Biographical History of Dallas County, Texas, W.P. Overton, 71, who’d come to Dallas County in 1844, was quoted:

  “The first legal hanging was in 1853 or 1854. A negress was executed for knocking a man in the head with an ax at Cedar Springs. He had hired her and she murdered him while he was asleep. I can’t recall their names.”

  Overton’s fuzzy memory can be forgiven. Nearly everyone forgets Jane.

  © Copyright 1987 The Dallas Morning News Company

  Record Number: DAL479777

  END NOTES

  References cited with explicit and implicit permission and also those with acknowledgments under the Law of Fair Use.

  1. Parker, S.G. “The Faces & Voices of Recovery Campaign Raises Awareness About Recovery from Addiction: Strengthening and Sustaining the Faces & Voices of Recovery Coalition.” Robert Wood Johnson Foundation. Retrieved December 13, 2012, from http://www.rwjf.org. Reproduced with permission of the Robert Wood Johnson Foundation, Princeton, N.J.

  2. Exodus 20:5. The Holy Bible, King James Version (KJV).

  3. When interviewed, almost half of the female prison population in this country reported that they had been “physically or sexually molested” prior to incarceration. Of those state prisoners who grew up with a parent who used drugs and/or alcohol, over three-fourths of the women reported abuse. Also, state prisoners who reported abuse were more likely to commit a violent crime. Wolf Harlow, Caroline. “Prior Abuse Reported by Inmates and Probationers” (NCJ-172879). U.S. Dept. of Justice. Retrieved May 2011 from http://www.bjs.gov/content/pub/press/parip.pr.

  4. Matthew 23:37. (KJV).

  5. II Corinthians 1:4. New International Version (NIV). Grand Rapids: Zondervan House, 1984.

  6. Registered Trademark. Marathon Pharmaceuticals, LLC. Northbrook, IL 60062.

  7. “Dolls,” slang for any barbiturate or downer, derived from the movie Valley of the Dolls appearing in 1967 and taken from the 1966 book of the same name by Jacqueline Susann.

  8. Communication with Evan Greenspan, May 2012. Greenspan’s. 3405 Tweedy Boulevard, South Gate, CA 90280; www.greenspans.com.

  9. Spanish slang for marijuana.

  10. CRC opened in 1928 as the Lake Norconian Club, a luxury hotel. During the month following Pearl Harbor, President Franklin Roosevelt turned the resort into a naval hospital. The hospital closed and reopened several times before 1962. After that, the federal government donated the facility to the state to use as a narcotics center. Later, in the 1980s, felons were accepted to ease overcrowding in the prison system. CDCR-California Rehabilitation Center (CRC). “Special Hist
orical Notes.” Retrieved June 2011 from http://www.cdcr.ca.gov/ Facilities Locator/SQ-Special_Notes.html.

  11. LSD is an abbreviation for lysergic acid diethylamide, a psychedelic drug belonging to the ergoline family. It is non-addictive and infamous for its psychological effects, such as visions and an altered sense of time. Users who have experienced flashbacks report that they are often unpleasant. Wikipedia. Retrieved May 2011 from http://en.wikipedia.org/wiki/Lysergic_acid_diethylamide.

  12. Cannabinol, CBN, is one of some eighty-plus currently known cannabinoids found in the cannabis plant (marijuana). Individual cannabinoid compounds have “cannabi” in their nomenclature. Each has different pharmaceutical properties. Those derived naturally from the plant itself rather than from formulation are properly termed phytocannabinoids. Most noteworthy is that known as Delta-9-tetrahydrocannabinol, THC, the active ingredient in marijuana (Cannabinoid, Wikipedia, http://en.wikipedia.org/ wiki/Cannabinoid, accessed November 1, 2014). THC is an agonist for the CB1 receptors, which, in the simplest explanation, says THC affects the brain— the “desired effect” for its users. In contrast, CBN works on the CB2 receptors—it affects the immune system, the liver, the spleen, etc. Compared to THC, CBN has weak psychoactive properties. It has been found to be beneficial in the treatment of sleep disorders such as sleep apnea (Carley, David W, et al., U.S. Patent 7,705,039 (April 8, 2002); Carley, David W, et al., U.S. Patent 8,207,230 (December 4, 2009)); as an analgesic and anti-inflammatory agent in liniment form (Wallace, Walter H., U.S. Patent 6,949,582 (September 13, 2002)); and its derivatives in the treatment of HIV and certain tumors (Travis, Craig R., U.S. Patent 7,105,685 (September 12, 2006); “Cannabis and Cannabinoids,” National Cancer Institute, http://www.cancer.gov/cancertopics/pdq/cam/cannabis/healthprofessional/page4, accessed November 1, 2014. All phytocannabinoids, including THC, form through an enzyme-catalyzed reaction. Cannabinol, however, does not. It occurs from the aging of THC through exposure to ultraviolet light, heat, and oxygen. In general, CBN comprises less than one percent of the phytocannabinoids found in a plant. It is unusual that this pure form was available on the streets in the 1970s. Sensi, Seshata. “Cannabinoid Science 101: Cannabinol.” Retrieved September 22, 2011, from http://sensiseeds.com/en/blog/cannabinoid- science-101-cannabinol/.

  13. San Quentin State Prison sits on a site noted in an 1850 U.S. Coast Survey as “Puenta de Quentin” or Point San Quentin. The name stems from a Native American chief, although the spelling and pronunciation have deteriorated with history. Built in 1852, it enjoys the reputation of California’s oldest prison. San Quentin was built to replace the prison ship Waban anchored in the San Francisco Bay that came ashore on Bastille Day, July 14, 1852, with forty to fifty convicts. Hence, the prison nickname of Bastille by the Bay. San Quentin State Prison. Special Historical Notes. Retrieved June 2, 2014, from http://www.cdcr.ca.gov/Facilities_Locator/SQ-Special_Notes.html.

  14. Methadone is a synthetic opioid similar to morphine. It has similar effects to heroin without the “high” and thus finds use for alleviating the pain of withdrawal. Methadone is an oral medication with a long duration effect. Drug Information Online, Methadone. Retrieved December 20, 2014, from http://www.drugs.com/search.php?searchterm=methadone.

  15. Hoch, Edward Wallis. (1849-1925). Seventeenth Governor of Kansas. “…that it hardly behooves any of us, to talk about the rest of us.” Wikipedia. Retrieved June 2011 from http://www.wikipedia.org.

  16. Proverbs 26:11. KJV. “As a dog returneth to his vomit, so a fool returneth to his folly.”

  17. Easyriders Magazine. Paisano Publications, LLC. 28210 Dorothy Drive, Agoura Hills, CA 91301.

  18. PCP often appears on lists as a hallucinogen, but it is indeed an anesthetic, the purpose for which it was developed. It does, however, produce hallucinations along with frequent bizarre behavior. It is addictive. Legal manufacture stopped in 1960. Reports indicate that PCP produces bizarre mood disorders, paranoia, schizophrenia, violence, and amnesia. Other than the misnomer of Angel Dust, street names include Hog, Lovely, Wack, Ozone, Embalming Fluid, and Rocket Fuel. Drug Information Online, PCP. Retrieved July 15, 2011, from http://www.drugs.com/illicit/pcp.html.

  19. State Execution Rates. Death Penalty Information Center. Retrieved December 1, 2011, from http://www.deathpenaltyinfo.org/state- execution-rates.

  20. Carson, E. Ann, Golinelli, Daniela. “Prisoners in 2012: Trends in Admissions and Releases 1991-2012.” Bureau of Justice Statistics. Retrieved February 2, 2013, from http://www.bjs.gov/ index.cfm?ty=pbdetail&iid=4842.

  21. Charles Manson. Wikipedia. Retrieved January 12, 2012, from http://en.wikipedia.org/wiki/Charles_Manson.

  22. Statistical studies and inferences continue to increase on the violent behavior of those on PCP, and certainly more studies are needed. Early studies from the 1980s, such as those by Brecher(a) and Wish,(b) conclude that there is no distinct correlation between PCP and violent behavior. Studies by those such as Fauman,(c) on the other hand, show that PCP induces those who are normally quiet to become quieter and those normally aggressive to become more aggressive and appears to increase violent tendencies when mixed with other drugs and/or alcohol. McCardle’s(d) data suggests that human aggression under PCP is “associated with certain personality traits and background features.” The NIDA states in a revised 2009 report:(e) “While intoxicated, PCP abusers may become violent or suicidal and are, therefore, dangerous to themselves and others.”

  (a)Brecher, M; Wang, B.W.; Wong, H; and Morgan, J.P., “Phencyclidine and Violence: Clinical and Legal Issues, Journal of Clinical Psychopharmacology,” 8(6), 397–401, Dec. 1988, Abstract, http://www.ncbi.nlm.nih.gov/ pubmed/3069880, Accessed 3/14/2012.

  (b)Wish, E.D., “PCP and Crime: Just Another Illicit Drug?, National Institute for Drug Abuse (NIDA) Research Monograph Series,” 64, 174–189, 1986, Abstract, https://www.ncjrs.gov/App/Publications/abstract.aspx?ID=162181, Accessed 3/14/2012.

  (c)Fauman, B.J. and Fauman, M.A., “Phencyclidine Abuse and Crime: A Psychiatric Perspective, Bulletin of the AAPL,” Vol10, No. 3, 171–176, 1982, Abstract, https://www.ncjrs.gov/App/Publications/abstract.aspx?ID=162166, Accessed 3/14/2012.

  (d)McCardle, L. and Fishbein, D.H., “The Self-Reported Effects of PCP on Human Aggression, Addictive Behaviors,” Volume 14, Issue 4, 1989, 465–472, Abstract, http://www.ncbi.nlm.nih.gov/pubmed/2782129, Accessed 3/14/2012.

  (e)National Institute on Drug Abuse (NIDA), DrugFacts: Hallucinogens - LSD, Peyote, Psilocybin and PCP, Revised 2009, http://www.drugabuse.gov/publications/drugfacts/ hallucinogens-lsd-peyote-silocybin-pcp, Accessed 3/14/2012.

  23. The Walls Unit is an a propos nickname for the Texas Department of Criminal Justice penitentiary known as the Huntsville State Prison. The name must come from the surrounding walls constructed in 1849 to a thickness of two to three feet. It is the oldest prison in Texas and was the last prison remaining in the former Confederate States of America after the Civil War. The Texas Prison Museum, located nearby in downtown Huntsville, Texas, houses Old Sparky, an electric chair, from bygone days at the Walls Unit. Old Sparky, resting in a separate alcove, is a high-backed, wooden chair polished to a noticeable luster, possibly from the perspiration of the condemned. Leather restraints on the arms and on a backing board at the feet anchor the prisoner to metal contacts; a thick wire ascends behind the chair to an attachable metal helmet. Ironically, the inmates themselves constructed Old Sparky, which would claim the lives of 362 condemned men between 1924 and 1964. All executions, male and female, still take place in the Huntsville Unit. The unclaimed bodies of the executed and of those who died from other causes rest in Joe Byrd Cemetery, otherwise known by the inmates as Peckerwood Hill. Retrieved April 15, 2012, from http://en.wikipedia.org/wiki/Huntsville_Unit.

  24. James Willett, former warden of the Walls Unit and now director of the Texas Prison Museum, states in an article about the cemetery that, “The term ‘peckerwood’ refers to those inma
tes who were poor.” Willett, James. Captain Joe Byrd Cemetery. Retrieved June 25, 2014, from http://www.txprisonmuseum.org/articles/cemetery.html.

  25. Sergeev, Alexey. December 29, 2011. Peckerwood Hill Cemetery. Huntsville Texas Prison. Retrieved May 11, 2012, from http://www.asergeev.com/pictures/k/Huntsville_Texas_prison.htm.

  26. The Goree Unit of TDCJ was originally the Goree State Farm for Women named after Thomas J. Goree, a Texas prison superintendent, and was established in 1911. It remained a women’s prison until the early 1980s when it converted to a men’s prison. Female prisoners then moved to the Mountain View Unit in Gatesville. Females on Death Row at Mountain View move into the Goree Unit on the day prior to their execution at the Huntsville Unit. Goree Unit. Wikipedia. Retrieved May 2011 through February 2012 from http://en.wikipedia.org/wiki/Goree_Unit.

  27. “Anon, Texas Department of Corrections - 30 Years of Progress; Texas Dept of Corrections.” Box 99 Huntsville TX 77340. Retrieved April 15, 2012, from https://www.ncjrs.gov/App/Publications/ abstract.aspx?ID=44533.

  28. Dilaudid is a prescription name for hydromorphone, a semi-synthetic opioid derived from morphine with a street name of Dillies. Usually injected, it is highly addictive and up to ten times more potent than morphine and up to five times more than heroin. (Trade name: Dilaudid®; street names: Dust, Juice, Smack, D, Footballs.) Drug Enforcement Administration, Office of Diversion Control, Drug & Chemical Evaluation Section, July 2013. Retrieved August 11, 2012, from http://www.deadiversion.usdoj.gov.

  29. Dilaudid. Wikipedia. Retrieved August 11, 2012, from http://en.wikipedia.org/wiki/ Hydromorphonem.

  30. Penal Code, Title 5. “Offenses Against the Person.” Chapter 19, Criminal Homicide. Retrieved August 15, 2012, from http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.19.htm.

  31. Original Indictment. Harris County District Clerks Office. Filed March 6, 1980.