Frostburg mining journal. [volume] (Frostburg, Md.) 1871-1913, 1908-12-19
Legally Dead
tOri8inal

cilfOulC state OF revolution SiTnOr Her
rcro lived on his hacienda doing his
best to avoid being cntanglcd in any
of the various strifcs that succeeded
one another fcT the possession of the
government, for tn be on the wrong
side meant death. Dona Marina, Her
rcra's eldest daughter, was courtcd by
Signor Juan Bustamcnte, ncighbor-
ing hacienda owner who had done a
great deal to establish the government
then in power. He was more than
twice Marina's age and was especially
diSa%rCcablc 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 mpugning
her fathers loyalty to the government.
But Dona Marina loved Philippe
Mendoza, the son of ncighboring
planter. Urged to give him up for
RuStamCntc, through fear she consent
ed. but not for long. She confessed to
Bustamcntc 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
N'hIHt NldlIll't lNi lltu W I'tl ll't'l bttli
feared for her father against her lover.
Bustamcnte, thinking that if he got
Mendoza out of the way Marina might
yet become his wife, secretly accused
his rival of plotting with one who was
known TO be fomenting a new revolu-
tion. Mendoza was arrested and taken
no one knew where.
AS soon as the news of the arrest
reached the Icrreras, not suspcCting
Rustamcntc, 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-
tensbly for the purpose. He knew
very we'll 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
In 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 he 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 a volley at him. He
fell The commander of the firing party
took Il 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
diers were marched away and a writ
ten report handed In that Philippe
Mendoza was dead.
But Mendoza was not dead Notwith-
standing his wounds after the firing
party had marched away he revived
For a time he supposed that he 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 he
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, tSt
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. lie 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 moth
ing to be said about one who had been
reported legally dead.
One evening as Signor Bustamcnte
was returning from a visit to the Her
rera hacienda he heard voice from
bushes beside the road ordering him
to halt, lie 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 Bustamcnte saw
his rival. or what he considered hij
rivals ghost
Are you of the living or the dead"
81 am dcad-legally dead. But that
you shall not again have me executed
am a firing party to execute you"
The ghost raised rife and shot his
enemy dead
When Mendoza appeared at the Her
rera hacienda no one there knew what
had become of him. He told the story
of his execution and that he had exc
cuted the man who had brought 1t
about. His visit was brief, and no one
except the IIcrreras knew that he had
been there The slayer of Bustamente
was never known. Soon after all this
occurred new leader of the party op-
posed to the government arose. march
ed to the capital, took 1t, executed
every member of the government and
was proclaimed president. lie was
none other than Mendoza
When it was found that the new
n1,t .F,.n rriHyn 70