40 ANDREW J. SHIPMAN MEMORIAL 



for the Catholic Church and the religious orders, with not one 

 word of sympathy or regret for the awful deeds of murder 

 and pillage wrought upon them. This court-martial consisted 

 of a presiding judge and six captains : Colonel Eduardo de 

 Aguirre, Captains Pompeyo Marti, Sebastian Calleras, Mar- 

 celino Diaz, Manuel de Llanos, Aniceto Garcia Rodriguez, and 

 Julio Lopez Marzo. The prosecutor was Captain Jesus Maria 

 Rafales, of the Infantry, and the counsel chosen by the defend- 

 ant was Captain Francisco Galceran y Ferrer, of the Engi- 

 neers, who made a most determined effort for his client. 



The military code under which Ferrer was tried was passed 

 by the Liberal Parliament in 1890. The formation of the 

 court-martial is automatic, being made by designation of a 

 number of officers six months in advance, so that a special 

 court-martial is not formed to try a prisoner. The accused is 

 notified of the formation of the court, and can object to any 

 member and then another must take his place. The rules of 

 evidence are the same as in the Spanish criminal courts. The 

 trial of Ferrer lasted for twenty-eight days ; over seventy per- 

 sons were examined as witnesses ; the majority of those testify- 

 ing to facts against him were practically of his own side ; they 

 were Republicans, Liberals, revolutionists, labor leaders, and 

 anarchists, and it was their testimony which demonstrated his 

 complicity in the riots of July. Not a clerical witness or one 

 connected with the churches or religious orders was called 

 against him. 



Francisco Ferrer y Guardia, during his residence in Barce- 

 lona prior to July 28, 1909, wore a full beard ; when he was 

 captured by the police in the latter part of August he was 

 smooth shaven. He pretended that he was a tourist and a 

 delegate to the European convention, and was not recognized 

 ^t the country place where he was taken into custody. A few 

 days later it was ascertained that he was Ferrer, and he was 

 brought to Barcelona. In his country villa, Mas Germinal, at 

 Mongat, about six miles out of Barcelona, a quantity of tele- 

 grams, correspondence, circulars, and memoranda were dis- 

 covered, and in the Solidaridad Obrera (his headquarters in 

 Barcelona) still more were taken. These alone made up fifty- 

 four packages, or files of exhibits, of the documentary evi- 

 dence presented at the trial. They contained urgent calls to 

 rise against capital, seize the banks, destroy the churches, dis- 



