Hernandez v State of Texas
Courthouse Square, Edna
 

A Moment to Remember - Erecting a Historical Marker

From left, Ganado’s Judy Rodriguez of the Historical Commission was given the honor of unveiling Jackson County’s newest historical marker, one that shares the history of Hernandez vs. State of Texas, a case that brought upon equal rights on juries using the Fourteenth Amendment.

Family members of attorneys Carlos Cadena and John Herrera who took the case to the Supreme Court showed for the unveiling, plus members of Cayetano Jose Espinosa’s family, and local and state members of the League of United Latin American Citizens. Jackson County Herald Tribune, September 21, 2022
 

Historical Marker Unveiling Invites Public to Attend
By Millie Diaz, Editor/Publisher

A historical marker will be erected on Saturday, Sept. 17, at 1 p.m. in the northwest corner of the Jackson County Courthouse Square by the Edna Theater.

The JC Historical Commission invites the public to the dedication, highlighting the Supreme Court case Hernandez vs.Texas, the first case argued by Mexican Americans that became a top landmark decision for civil rights.

Frank Condron, chair of the Historical Commission, said the marker reflects the county’s contribution to the civil rights movement. “I remember the first time I heard about it I thought it was a big deal and still is,” he said. Five years ago he submitted an application for the marker.

The case began in August of 1951, when Pedro (Pete) Hernandez was arrested for killing Jose (Joe) Espinosa at the Gato Negro Café on Menefee Street. Two months later, Hernandez was convicted of murder with a sentence of life  imprisonment. Both the District Court and Texas Court of Criminal Appeals affirmed the decision and refused new hearings.

Armed with the Fourteenth Amendment, attorneys Gustavo Garcia, Carlos Cadena, John Herrera and James DeAnda appealed Hernandez vs. Texas to the Supreme Court using the argument that Mexican Americans were treated as “a class apart” compared to Anglo Americans.

The attorneys proved people of Mexican descent in Jackson County had not served on a jury for 25 years prior.

“Until that point,” the historical marker says, “most court decisions identified Hispanic citizens as white or Caucasian, classifying only African Americans as a group receiving ‘separate but equal’ treatment under the law.”

On May 3, 1954, Chief Justice Earl Warren read the opinion of the court and agreed that Mexican American’s exclusion from juries was “discrimination prohibited by the Fourteenth Amendment.”

A light reception will follow in the lobby of the Jackson County Courthouse.

Once again, all are invited.

Jackson County Herald-Tribune, September 14, 2022