El Paso herald. (El Paso, Tex.) 1901-1931, 1911-07-25

| n ADHlD' Spain, July 26--No
l" event in the recent his
tory Of Spain more clear
F.! ly illustrates its unique posi-
! ton among European nations as
country suffering the evils of the mid
| die ages than the military murder OF
| Francisco Ferrer at Montjuich on Oc-
| tober Is, 1909. That the court martial
| proceedings that led up to the execu-
| ton did not constitute a trial in the
| commonly accepted sense of the term,
| and that Ferrer was doomed to death
| from the date of his arrest, is a fact
that Is not disputed by anyone who has
| conscientiously investigated the case.
Railroaded to Death.
| Opinions as to the character and cal
| iber of Prof. Ferrer may differ, and do
| differ, among sincere and wholly dis
| interested observers in Spain and else
where. But that he was denied fair
| trial and WIS ''railroaded' to his death,
and that there never was the slightest
! intention upon the part Of his prose-
cutors to give him chance to defend
himself. is beyond cavil
The fragrant violation Of a Spanish
law VIGOROUSLY unfair to the accused
added a touch of travesty to the trial
The fact that the murder was a tactical
error is well recognized by church and
state in Spain today. Those who put
the noted educator and agitator out of
the way deeply regret the course they
then deemed expedient and safe. ,
In Suain one hears from one source
that Ferrer was vulgar criminal,
professional agitator and an exponent
Of treason and murder. From another
source one hears that he was high
minded patriot, an educator, a. cham
pion of the oppressed. From one
source comes the statement that he was
a keeper of mistresses and a swindler
who cozened a too confiding French
spinster out Of her fortune. that he was
a participator in an attempt to murder
the king and queen, that he instigated
the Barcelona revolution" to make
money gambling in stocks and that he
countenanced murder. arson and sacri-
lege in the interest Of his schemes for
personal profit.
Not q just Trial.
From another source comes the
statement that Ferrer spent his life IN
altruistic endeavor as an educator in
the most benighted and oppressed coun-
try in Europe. But no matter how
widely disinterested persons may diff
fer as to Ferrer. they agree that he was
not tried and sentenced in accordance
, with the principles of justice or even
under the provisions of Spanish law.
The disposition Of this undeSired. II not
undesirable. citizen, by the Maura gov
eminent, with the acquiescence OF
comp1acent king. throws flood or
light upon the manner in which courts
are conducted in Spain
Ferrer was not tried upon the charge
that he was a bad man who advocated
sedition and neglected his wife to
spend his money upon other women
rr-r- - q ho nrnTnnfad
Barcelona uprising, popularity known
as Red Week" His character does
not. therefore. enter into the case. al
though 1t is discussed by thousands OF
persons who have never looked into the
question of how the man was tried
and on what evidence he was con-
demned.
Is Once Acquitted.
When Ferrer was arrested for alleged
cornplicity in the plot to murder the
king and queen by throwing "a bomb
an outrage that resulted IN the death
of Is persons in the streets OF MADRID
"a civil tribunal failed to connect MIN
with the conspiracy and he was ac-
quilted. When the Barcelona riots fol-
lowed the calling out of unwilling NIL
litia reservists to fight in the unpop-
ubar Melilla war in the interest, IL was
generally held, of certain capitalists
tender to the throne of Morocco, It was
possible to try an alleged revolutionary
plotter under a law made few years
ago. This law provided that persons
accused of offenses agaisnt the army
the flag or the country may be tr1eo oy
court martial. Primarily 1t aimed at
imprisoning OF exiting a journalist who
should cartoon an odious general or
comment on a scandalous contract
graft, but it is elbstic in scope
A leading conservative journal ex-
pressed the hope that the case Woulu
not be tried in a civil court because
civil courts insist upon clear proofs OF
guilt" while courts martial need not
depend upon concrete proofs but are
satisfied with moral conviction FORMED
In the conscience of those who compose
them" This Journals understanding OF
the spirit and purpose Of the ahtl-ho-
erty law was complete. It aims at sup
pressing annoy ance without awaiting
proof Of the guilt of the annoyer
Found to Be Undesirable.
Francisco Ferrer. author of school
text books. writer upon questions OF |
proprietor Of "a publishing I!
house. organiser Of a system OF schools |
teaching revolutionary doctrines. was
undesirable from the point Of view OF 4
the church and the state. HIS educa-
tional scheme was frankly antl-cIerl-
cal. Tt was frankly anti-monhrchial.
although there was nothing in any OF
the 40 books he had written that ad-
vocated bomb throwing or regicide
Under the law by which Ferrer was
tried every advantage is given to the
prosecution. The defendant Is not al
lowed a lawyer. but must choose as MS
advocate one of a list of military orfi-
GERS He may appeal to the civil courts
II he IS hindered in making MS de1ehce-
A colonel and six captains try the case
and the supreme council OF war pass |
upon the sentence, its action being |
purely formal and perfunctory- Every
thing is secret and the prosecution mas |
the best legal advice while the defend |
Strong COMPLAINT is being made ON all |