The daily Alaskan., 1908-12-15
Legally Dead
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 In the days when Mexico was in chronic state of revolution signor Her. rero lived on his hacienda doing his best to avoid being entangled in any of the various strifes that succeeded one another fer the possession of the government, for to be on the wrong side meant death. Dona Marina, Her reras eldest daughter, was courted by Slgnor Juan Bustamente, a nelghbor- ing hacienda owner who had done great deal to establish the government then in power. He was more than twice Marlna's age and was especially dlsagreeable to her. But she was urged by her family to accept him on the ground that if she declined him he might seek revenge by impugning her fathers loyalty to the government.
 But Dona Marina loved Philippe Mendoza. the son of q nelghborlng planter. Urped to give him up for Bustamente, through fear she consent ed. but not for long. She confessed to Bustamente her love for Mendoza and begged him to release her. He did so at once, with many expressions of grief and wishes for her happiness. By this course Marina turned what had been feared for her father against her lover. Bustamente, thinking that if he got Mendoza out of the way Marina might yet become his wife, secretly accused bis rival of plotting with one who was known to be fomentIng new revolu- ton. Mendoza was arrested and taken no one knew where.
 As soon as the news of the arrest reached the Herreras, not Suspecting Bustamente, Marina implored him to use his influence with the president in behalf of her lover. He promised to do so and set off at once to the capital os- tenslbly for the purpose. He knew very well that Mendoza would have been executed before his arrival. for he had so arranged with the government. What he wished was to conceal his own part in the murder and gain credit with Marina that would benefit his suit fin the future.
 There is a law in Mexico that one executed shall be left where he falls till friends or relatives come and take away the body for burial. But at Men doza's execution there was no one to claim the body. Bustamente had ar ranged that he be taken to a distant province from which the news of his execution would be long in reaching his friends, especially Dona Marina.
 Mendoza was taken out in the gray of the morning, and was stood up be. fore eight soldiers, who at the word of command fired q volley at him. He fell. The commander Of the firing party took look at the body and saw that 1t had several wounds in the thorax and two in the head, any one of which might be expected to kill him. The sol dlers were marched away and writ ten report handed in that Philippe Mendoza was dead.
 But Mendoza was not dead. Notwith. standing bis wounds after the firing party had marched away he revived. For a time be supposed that be had awakened in another world. Yet there above him was the same blue sky he had lived under, and he could hear cat tie lowing. Making an effort, he raised himself on his elbow, looked about him and down on his blood stained cloth ing. Then, making another effort, be got up and walked several miles to a hospital.
 He could not keep the secret that he had been executed, and word soon reached those who had been charged with his execution. Fearing that they would be blamed for neglect of duty, they proposed to shoot him again, let before they could agree upon this course the news of the strange case reached the governor of the province. He had been on the bench, and the only thing in the world he respected was the law. He took the matter un- der consideration, at last deciding that Mendoza had been executed, had been reported dead and was therefore dead. That Is, he was dead In law. Therefore those who had been ordered to execute him had nothing further to do with him. He was without legal existence In the republic of Mexico. No further report of the matter need be forwarded to the government, for there was noth- ing to be said about one who had been reported legally dead.
 One evening as Signor, Bustamente was returning from visit to the Her rera hacienda he heard voice from bushes beside the road ordering him to halt. He stopped, and a man step- ped into the road a short distance be- fore him. His cheeks were hollow his lips were thin, his eyes were wild, his face was white. Bustamente saw his rival, or what he considered his rivals ghost.
 Are you of the living or the dead"
 q am dead-legally dead. But that you shall not again have me executed am a firing party to execute you"
 The ghost raised a rife and shot his enemy dead.