Grayson County TXGenWeb
 

The Houston Post
Houston, Texas
October 18, 1910 Tuesday
pg 10

ERNEST JOHNSON KILLED
Charged Shooting at Sherman Was Done by Negro.
(Houston Post Special)

Sherman, Texas, October 17. - The second white man to be killed by a Negro in Sherman within the last thirty days forfeited his life to an assassin last night when Ernest Johnson, 22 years of age, cashier at the Crystal cafe, 200 South Travis street, was shot in the head and neck by a Negro, who stood behind an iron post in front of the cafe and killed his victim with a shotgun as he sat at his post of duty. Wood Maxey, a Negro, was captured in an outhouse, where he had taken refuge. He was placed in the county jail.

The other killing of a white man by a Negro in Sherman occurred Tuesday night, September 13, when M. P. Crane, a young boilermaker, was stabbed in the abdomen, from the effects of which he died a few days later.



Sherman Daily Democrat
Tuesday, April 11, 1911
pg. 4

The News Of The Courts
The principal case tried in the court was that of the state vs. Wood Maxey last week charged with the homicide of Ernest Johnson last October.  He was found guilty by the jury in 18 minutes after the charge had been read by Judge Pearson and given the death penalty.



The Houston Post
Houston, Texas
Thursday, April 18, 1912
pg 7

Negro Sentenced to Death
(Associated Press Report)

Sherman, Texas, April 17 - Wood Maxey, a Negro, was today sentenced to be hanged Friday, May 24. Maxey killed Ernest Johnson, a young white man, near here on October 16, 1910. Sentence was passed by Judge J. M. Pearson of the fifty-ninth district court.



Dallas Morning News
May 10, 1912

DEATH SENTENCES ARE DELAYED
Governor Stays Execution of Wood Maxey to Have Been Hanged May 17
Special to The News

Austin, Tex., May 9 - The Governor today reprieved for three months the sentences of death imposed on William Hargrove
of Walker County and Wood Maxey, a Negro of Grayson County.  This was done at the request of the Board of Pardon Advisers, who reported they desired to investigate the petitions for commutation to life imprisonment submitted by and in behalf of the condemned men.  Hanging is deferred until Friday, Aug. 9, in each case, unless the Governor meanwhile intervenes.


Hargrove was sentenced to death for the murder of John Hardy in Walker County, Feb. 4, 1910, and was to have been hanged at Huntsville May 17. 

Maxey was to have been executed at Sherman on May 24 for the killing of Ernest Johnson, a white man, in a restaurant in that city October 16, 1910.  Several Grayson County citizens have signed the petition in his behalf, urging that the Negro has
been an epileptic since childhood.




The Houston Post
Houston, Texas
Friday, August 2, 1912
pg 8

PARDON ASKED FOR
Attorney Pleaded That Wood Maxey, Negro, was Epileptic
(Houston Post Special)

Austin, Texas, August 1. - G.F. Webb, former county judge of Grayson county, appeared before the board of pardons advisors today and argued in behalf of a petition for the commutation of the death sentence given Wood Maxey, a Negro. Maxey was convicted of them murder of Ernest Johnson, a white boy.
Mr. Webb argued in behalf of the Negro today that he was an epileptic, and has been since his early boyhood. This, he thought, should be considered as an extenuating circumstance.
County Attorney C.T. Freeman of Grayson county argued against the petition. Maxey was to have been hanged on July 24, but Governor Colquitt granted a reprieve until August 9. The board of pardon advisors took the matter under advisement.



The Houston Post
Houston, Texas
Monday, August 5, 1912
pg 11

THREE UNDER DEATH SENTENCE

Three Negroes Are To Be Executed in Texas Shortly
(Houston Post Special)

Austin, Texas, August 3 - Governor Colquitt today declined to interfere in the case of Wood Maxey, the Sherman Negro
who is under sentence to hang on August 9 for the murder of Ernest Johnson, a white man. The governor wired Sheriff R.L. McAfee he saw no reason for an exercise of executive clemency, and that he had decided to let the law take its course.




Sherman Daily Democrat
Thursday, August 8, 1912
pg. 1

COMMUTATION NOT GRANTED
Telegram from Governor Colquitt Regarding the Sellars Vines Case
Receives News Bravely

Vines Declares He Will Not Now Allow Anything to Bother Him - Both Men Bearing Up Well Today
Sellars Vines and Wood Maxey, the Negroes who are to be hanged at the Grayson county jail tomorrow are spending their last day on earth about as they have the last several days - writing, reading the Bible, singing, praying, and conversing with callers.
Yesterday afternoon 2 colored preachers and several relatives of Maxey visited the jail and spent some time at the death cell, holding brief religious service and consoling the condemned men.
Last night the prisoners did not go to bed until about midnight but from that time until morning they slept well.
This morning a telegram from the governor saying the law should take its course in the Vines case was read to Sellars Vines.  The effect of the message was appreciably noticeable on Vines but for only a few seconds, for after burying his face in his pillow for an instant, he looked up and said he had not allowed anything to bother him and he would not allow this news to do so.
Vines said he had had a little hope that the governor would at least give him a few months to live as he did Wood Maxey but now his entire hope was in Jesus.
Vines said when the time came to die he would not give the officers the least trouble and would try to die like a man.
Maxey said he felt good this morning; that he had no fear and that he could go bravely to the gallows.  He even held up his hand this morning to show those who were near that he was not trembling in the least.
Both men wanted it published that they had no resentment against any one; that they had forgiven every one and hoped that every one had forgiven them.
After the message from the governor was read, Vines asked that his sister, Ella Anderson of Dallas, be notified and that she be told that it was his desire that she come and spend the little remaining time with him.  This was done.
The execution will take place tomorrow afternoon about 2 o'clock.

LET LAW TAKE ITS COURSE

Late last evening the following telegram from Austin was received at the office of Sheriff Lee McAfee:
"I am directed by the governor to advise you that after a careful investigation he has determined that the law should take its course in the Sellars Vines case. Application for commutation has been refused."
J.T. Bowman
Secretary to the Governor

VINES FATHER WRITES GOVERNOR
Associated Press Dispatch

Austin, Texas, August 8 - Gov. Colquitt refuses to commute the sentence of Sellars Vines, the Negro who hangs tomorrow for the murder of Officer Mounger at Sherman last September.  Among the letters asking commutation was one from Vines' father, Charles, who has spent the last 17 years in the pen for murder.  The father had been sentenced to hang but Gov. Hogg commuted the sentence.




Wichita Daily Times
Wichita, Texas
Sunday, August 11, 1912

THE HANGING OF VINES AND MAXEY
Execution Of Two Negroes Witnessed By Large Crowd In Sherman

HISTORY OF THE CRIMES
Vines Killed Constable at Sherman and Maxey Paid Penalty for murder of White Man.

Sherman, Texas, Aug. 10 - Wood Maxey dropped exactly at 2:07 o'clock. His neck was broken by the fall. Dr. J.F. Jones, Dr. W.R. Hoard, Dr. J.O. Matthews and Dr. J.F. Stein of Denison examined the body and pronounced life extinct in about five minutes. His body was taken down and turned over to relatives. Sheriff Lee McAfee pulled the drop. Maxey made a talk saying he had no enmity toward any one. He prayed just before the trap was sprung. He did not struggle after the fall.
Vines dropped through the trap at exactly 3 o'clock and was pronounced dead in 8 minutes, and his neck was broken by the fall. His body will be buried by the county.
Sellars Vines retired at 12 o'clock last night and slept soundly until 6:30 o'clock yesterday morning.
Wood Maxey did not retire until 2 o'clock spending his entire time during the night writing.
He wrote a letter for the Dallas Express, a Negro paper, and also several letters to friends and relatives.
At 7:30 o'clock last night when the storm came up both of the blacks fell on their knees and prayed aloud asking Almighty God to send a storm and wreck the jail.
When Wood Maxey retired at 2 o'clock he asked Jimmie Gee, the night death watch, to awake him every hour. This Mr. Gee did and Maxey would get out of his cot and spend ten minutes on his knees praying.
This  morning when Mr. Gee left the jail both Negroes thanked him for the courtesies he had extended them, and assured him that they would step on the deathtrap today without a flinch.
Both men ate heartily at breakfast.
Shortly after 8 o'clock when the condemned men had eaten breakfast, Rev. George H. Bell, their spiritual adviser, called on them. He conducted a short religious service and both men prayed fervently. They also joined in the singing.
At 10:30 o'clock the colored undertaker, Tatum, called on Wood Maxey and brought him a neat suit of clothes, the pants and coat being a blue serge; also new underclothing.
A Herald reporter was admitted to the jail at 9 a.m. and spent the entire day at the cell. Both of the men talked freely, and both expressed their thanks to the press for treating them kindly.
Sheriff McAfee, Jailer Steele and all of the deputies extended the newspaper man every courtesy.
At 11:30 o'clock the condemned men were given a bath and a shave, and put on clean clothing.
During the morning hours Sheriff McAfee and Jailer Jeff Steele permitted the colored friends and relatives of the condemned men to visit them. After this quite a number of citizens who called at the jail were admitted, and called at the death cell. Deputies Arthur Vaughan and Claud Eatherly stood watch at the cell. All spoke kindly to the men, and Vines and Maxey assured all that everything was right with them, and that the highest tribunal to which man can appeal had looked on them kindly. Vines said, "Men, I have taken my case to the highest court there is, the throne of God and for Jesus sake he has forgiven me."
Maxey wrote a long letter for the local press yesterday afternoon, and last night, but decided this morning that he would not publish it, and destroyed the letter.
By 9 o'clock several hundred people had gathered about the jail door and in the yard, and at 10 a.m. the crowd was estimated at 1,000. There was quite a sprinkling of blacks in the crowd.
The black caps were brought out at 10 o'clock and examined by Sheriff McAfee and Jailer Steele. They were made according to the measurements, and it was decided they would fit. They were made by a Negro woman.
Promptly at 12 o'clock Sheriff Lee McAfee went to the death cell and read the death warrants to Maxey and Vines. He read the one for Maxey first, and while he was doing this Vines talked and laughed with a Negro girl who had called to see him.
As soon as the sheriff had ceased to read the warrant to Maxey he commenced to shine his shoes, and shortly after he commenced to read to Vines he, Vines, took the brushes from Maxey's hands and completed the job as the sheriff read.
Maxey then asked: "When is it going to come off, Mr. McAfee," and the sheriff told him at 2 o'clock. Sheriff McAfee then
said: "Boys, which one of you wants to go first?" Maxey answered: "It makes no difference to me." Vines spoke up and
said: "Take me last I want to stay here as long as I can."

At this juncture Sellars Vines' sister, Ella Anderson of Dallas, came to the cell. She greeted her brother affectionately and asked: "Dear brother, how are you?" Vines answered, "All right, sister; I am happy and all right."
At 12:30 p.m. Sheriff Ben Brandenberg of Dallas county, accompanied by Sheriff J. W. Freeland of Hill county, arrived at the jail. They called on  Vines and Maxey. Vines seemed to be glad to see the Dallas county officer, and said to him: "Well, Mr. Brandenberg, they've got me in a pretty tight place, but I am glad to tell you that I am all right." Then turning to Wood Maxey, he said: "This is the man I walked off from. I wish I had stayed with him."
Vines last request to Sheriff McAfee was that none of Fred Mounger's people be permitted to see him executed.
Just before the execution the crowd in the jail yard grew until it covered almost all of the available space. In the crowd
were a number of ladies, and many small boys and girls of tender age were also in the crowd.

The rope used today is the same rope with which Sidney Spears, a Negro who murdered his wife, was hanged with just twelve years ago.
At 1:15 Wood Maxey called for the Herald reporter and said: "I ask one more favor of you. Please thank all the people, white and black, who have shown us kindness. Tell everybody I go without grudge to anyone. I do not blame any officer for doing his duty. The jailer and sheriff, Mr. Steele and Mr. McAfee, have always treated me good."
Sellars Vines said: "All I can ask is that all of you send a message up yonder (and he pointed upward) for me. It is about all over here. I do not hold any grudge against anybody, either. I certainly can say that."
Sellars Vines shot and killed Deputy Constable Fred Mounger here on the night of September 27, 1911.
The shooting took place in the Houston & Texas Central yards here. Vines was a fugitive from justice and was hiding in a
box car near the freight depot. Mr. Mounger who held a commission under Constable Ross Stark as a deputy, was also employed by the railroad company as a night watchman in the yards here.

He had been informed that a strange Negro was in one of the cars and the car had been pointed out to him. While on his rounds he approached the car and flashed a light in it. The Negro was sitting in the car and as the officer flashed the light he got up and came to the door. The officer was not prepared to shoot and warned his companion to "look out," that the Negro was going to shoot. The Negro shot him in the back, killing him instantly.
As soon as he shot Vines sprang from the car, leaving one of his shoes, his hat and a belt, and escaped.
All night officers looked for the Negro, but he was not captured until the next day.
That night Sellars Vines stole a horse from Jack Rylant in south east Sherman, but he could not get the animal out of town. The horse was an animal which Mr. Rylant used to a meat cart, and Vines, speaking to a Herald reporter about the horse
said: "That horse must have thought I was going to deliver meat for he struck out to the market first and then loped out east, siding up to houses in spite of all I could do. I soon found that I had to holler 'meat' to get him along and I jumped off and let him go."

The following morning after the killing Vines was captured about six miles south of Sherman by Sheriff Lee McAfee, Chief
of Police DeSpain and Patrolman Will Corder, all of whom had been in the hunt all night and had learned of his whereabouts about the same time.

He was lodged at the Grayson county jail and at the November 1911 term of court was placed on trial in the Fifteenth District Court.
On Saturday evening, June 29, 1912, one week before he was sentenced, Vines made a break for liberty from the county jail. When Jailer Jeff Steele went to lock the prisoners in for the night, Vines rushed past him and down the stairs of the jail. Arthur Vaughan was then on duty at the jail as death watch over Wood Maxey, the other condemned Negro. Mr. Vaughan heard the noise made by the fleeing Negro and ran after him. The Negro reached the jail yard and just after jumping over the fence into the horse lot he was shot by Mr. Vaughan. The bullet struck the Negro in the side of the face, passed through his mouth, tore away a portion of his jaw and cut his tongue in two.
The crime for which Wood Maxey today paid the penalty on the gallows was one of the most cold blooded assassinations that ever occurred in the State.
On Sunday night, October 16, 1910, he had been to the colored Methodist church, where he professed religion and had received the ordinance of baptism. On his way home he stopped at the Crystal Cafe, in the Dock King building on South Travis street. W.J. Jenkins owned the place and had in his employ for cashier and manager in his absence Ernest Johnson,
a young man well known and highly esteemed.

Maxey's entrance into the place was such as to warrant Johnson in asking him to pull off his hat and deport himself as a Negro should in entering a white man's place of business. Maxey took exceptions to Johnson's request and not only refused to pull off his hat, but attempted to strike Johnson with a ketchup bottle. Johnson grabbed a pistol, struck Maxey over the head and put him out of the house.
Maxey went to the office of Chief of Police DeSpain where he found Patrolman Buck Blaylock on watch. He demanded that the officer go and arrest Johnson at once. After questioning the Negro, the officer explained to him that he would have Johnson in the city court the next morning at 9 o'clock and told Maxey to be on hand as a witness. Maxey grew very mad when the officer did not go at once to the restaurant after Johnson, and left the police office murmuring against the officers and the law. He then went to the home of a Negro on South First street, near his own home, borrowed a single-barrel shotgun and came back up town. He came to Travis street at Jones street, crossed over to the dark side of the street, as far as the Denison Herald branch office and crossed to the restaurant, hiding himself behind a telephone post.
Johnson sat at the counter in the restaurant with his side to the front. He was talking with Walter Jenkins, son of the proprietor of the restaurant regarding his (Johnson's) approaching marriage. The Negro fired from behind a telephone pole where he had hidden. The shot struck Johnson in the side of the neck, killing him instantly. The Negro ran and hid in an outhouse in the vicinity of his home, where later he was found by Sheriff Lee McAfee, then a private citizen, and Constable Ross Stark, who placed him in the county jail. He did not deny the killing but stated he shot Johnson because he was mad
at him and did not believe the officers would arrest him.

At the December 1910 term of court Maxey was indicted and tried, the trial resulting in a hung jury. Eleven of the jurors were for giving him the death sentence and the twelfth held out for life imprisonment.
Again at the April 1911 term of court Maxey was tried, found guilty of murder in the first degree and his sentence fixed at death. Attorneys for the defense at once made a motion for a new trial, which was overruled. The case was then taken to
the court of criminal appeals, the motion for a new trial overruled there and the sentence of the lower court affirmed. The mandate was returned and on  April 17, 1912, Maxey was sentenced to be hanged, the date of the execution being fixed for Friday, May 24, 1912.

. . .  "remainder of news article has been cut so that all the text is not visible" . . .



The Whitewright Sun
Whitewright, Texas
Friday, November 1, 1912
pg 1

The verdict secured this morning is the sixth for the death penalty that has been given in cases where Cal T. Freeman, county attorney, has been prosecutor. Five verdicts for the death penalty have been rendered during
the last two years of his term of office. They were Wood Maxey, Sellers Vines, Sam Jones, Carl Oliver and Ben Thomas, all
of whom were Negroes. The three first mentioned have been hanged in the count jail in the last two months and a half. The Carl Oliver and Ben Thomas cases will be appealed. Mr. Freeman prosecuted a white man by the name of Black for the murder of City Marshal Jordan of Howe and the death penalty was given, but the sentence was commuted by the Governor.




FELONY
Susan Hawkins

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