Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1920-11-23


proper determination of the petit
ton for pardon involved in this
proceeding, because, under the
views that / have in this case,
there is another point which to my
mind is absolutely conclusive in the
determination of the proposition of
whether or not these defendants
are guilty of the crime for which
they stand convicted 1t is another
undisputed fact that all of these
men We're as above stated. private
soldiers in the ranks of the army
commanded by General Fran
cisco Villa. have examined
each one of these men and
j find them, with possibly
three or four exceptions, to be
illiterate, belonging to the common
laboring class of the people of that
country; they all state that they
were forced and impressed into
service against their will, and by
force. If this be true, it would
make their plea still more merito-
rious; but granting, for the sake OF
argument and for the purpose or
maintaining the sovereignty and
sanctity of the law, that that were
not true, and that they We're yolun-
teers IN Villas army, how would
| the case stand on this assumption
''Thcirs But to DO and Die"
1t is a fact known to the aver
age layman, and even to the most
| ignorant of us, that under military
discipline, the common soldier,
known as a private in the ranks, is
never told what the objective of
any military movement is, partic-
| ularly when actually engaged in
hOstilities. The absolute. uncondi-
tional and passive obedience of the
common soldier to his superior Of
| ficers is so generally known, 80
well established, and so relentless
ly enforced, that it has afforded a
theme for the poet, who, speaking
of this soldiers obedience to supe-
rior officers, says:
ut is not for him to ask the reason
why,
1t is for him to obey. and die!"
What information superior Of
ficers may have touching the
maneuVers and movements OF
troops, is never communicated TO
the rank and file of the army; the
common soldier is told to march,
and he must march; and when ne
Is called upon to fire. it is his duty
to fire without asking the reason
WHY: a blind obedience by the
common soldier to the orders OF ms
srperior officer is so uncondltion-
IalIv enforced that his failure 10
! comply will subject him to court
martial and oftentimes to suffer
the death penalty. Such was the
condition of these men. IL rs a
matter of current history khowi'
tc every body in this country ina,
for a great many years denelal
1 Francisco Villa has kept an army
fighting either on one SIDE OF the
other of the many revolutions ana
\ conference.-the that have CON
vu1sed Mexico for the past ten
wears. That villa may have peeil
on one side or the other Is quite
inmaterial. the main fact IN the
case which cannot be denied, Il
that he kept an army regulariS
officered. as all armies are 9TH
cered. maintaining and enorclnt
4 therein that degree of military as
eipline that requires and coihpels
the rank and file thereof to OBEY
the orders of superior officers tn'
above named defendants peiohset
; 70 that army, and. in obedience t'
tho orders given to them by thell
sunerior officers, they marcheu u
noint of destination unknown u
them. and for a purpose or Whici
they were equally ignorant, excep
) that. in a general way, as they uh
derstood 1t, they were going u
fight the enemy" These men sa!
= tbat although they did not know
where they were going that Ine IN IN,
preston generally prevailed alllun'
+ their number that they were gum
ia attack Carranza's garrison VI
! the border town of Palomas. IN IN
I state of chihuahua, Mexico. II
= a fact that when they. in pursu
9 ance of superior orders, attachc
5 the town of Columbus. not one 0
them knew that he was standlh
I ON American soil and attacking a
r American settlement; this pie
f adds further merit to their detehs'
4 and I use the words further mef
y IL adyisedly, because. even thouS
a they had known that they were az
$ tackinr AN American settlement
a still they would be not gullty
Q murder, because, as above STATE
o thew were not responsiblel aseht'
S they were acting under super,
a orders which they must OBEY unut
S penalty of death If the foreSiIl
- facts are true, can it possibly L
g ccntended that these men were r.
sponsible for what they We're con
f PEELED to do
There Must Be Malice.
All crimes designated by law
o being NAHUM per Sc, that Is, pdu
g themselves, which Otherwise G.
= planned would mean that me
y human conduct which is repulSlN
- tn human nature, and contrary
:, nlr natural sense of right an
% wrong. are predicated on mallc
=, for no human act, be 1t ever so =
" nrehensible, can be called a crlil
IN that is done either innocently
- without full knowledge OF u
a wrong being done; there must
malice, that is, i'll will, meaning
,rt willful. deliberate and perVefI /
: teution and desire to do Wroh
40 Can we say that such motives we
in the hearts of these men WI
Il did not know where they were <
~ ing. what they were going to a
er or why; bat who, on the o4l
"a hand, were simply carrying out u
10 instructions, orders and oommah
Il of their superiors, when they w
knew that a failure to comp
al Herewith and disobedienee to SUI
a. orders might mean their death.
n It is perfectly plain to me III
an under the circumstances, these III
g. were not guilty of, murder; nor q
81 / the first one to arrive at I, !,
N conclusion, in similar cases. l
y case Of Arce ct AL, VS.. State, SUPP
y is in its leading aspects ana ta'
quite in point with this case.
the case of Arce above referred
H. tnnN