Page:The Martyrdom of Ferrer.djvu/89

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CHAPTER VII.

THE DEATH OF FERRER—AND THE ECHO

The defenders of the memory of Francisco Ferrer would be justified in declining to examine the proceedings of the military council which condemned him. What was its legal value? A lieutenant-colonel and five captains, utterly untrained to judge the value of evidence, were his judge and jury. Those six officers, moreover, belonged to a political system unique in its corruption and immorality. The counsel for the prosecution was an officer whose work gives evidence of considerable ability and intense effort, and who had the full resources and the warm blessing of Church and State. The counsel for Ferrer was an officer to whom success or zeal would mean ruin. I hasten to say that he behaved nobly, but we have seen how he was prevented from obtaining material evidence. The witnesses for the prosecution, many of whom were allowed to be anonymous, were not cross-examined, and the incriminating documents were not discussed. No witnesses for the defence were admitted, although Captain Galcerán demanded this.

From what we have seen, it is plain that an imposing mass of documents and witnesses could have been produced in Ferrer's favour if there had been a legal and free trial. Every paragraph in the indictment would have been torn to shreds, and it would have been made absolutely clear that Ferrer entirely modified his views after 1892. It could, in particular, have been demonstrated that he knew nothing whatever of the proposed strike in Barcelona, and took not the slightest share in the outbreak. Very interesting facts would have been elicited in regard to the character, motives, and interests of the witnesses against him.

The most elementary sense of justice demands that the defence should have had this opportunity, but it was refused.