Notes

New Zealand Tablet, 13 June 1912, Page 34

Notes

The Ferrer Mare's Nest

A blundering anonymous correspondent has reproduced in the Wanganui Herald the legend, already referred to in our columns, about the ' Supreme Court of Madrid ' having ' reversed the decision ' of the Barcelona Court Martial regarding the guilt of the Anarchist Ferrer. In the course of the controversy which has arisen, a Catholic correspondent, Mr. P. Keogh, in a clear and well-written letter, has challenged the anonymous scribe—with a stake of «£s—to prove his statement that ' the Supreme Court of Madrid has reversed the decision of the military tribunal at Barcelona and declared Ferrer to be innocent.' Mr. Keogh is keeping his victim admirably to the point; but his ,£5 is safe. No matter how long the discussion lasts, the challenge will never be accepted. In addition to what we have already said on the subject, we may point out that the following points regarding the later Ferrer developments are beyond dispute: (1) The ' Supreme Court of Madrid ' has never had the Ferrer matter under its "notice in any shape or form. The man who pretends that it has, and that the matter has now been adjudicated on by the : Supreme Tribunal of the Nation,' is either hopelessly befogged, or is deliberately attempting to palm off a lie. (2) The court concerned with the question of damages against Ferrer's estate was not the Spanish Supreme Court. It was not even a Civil Court. It was the Supreme Council of War and Marine (Consejo Supremo de ■ Guerra e Marina) — special Military Court of Appeals to which points are brought up for decision from Courts Martial. When, therefore, ' Reformer ' speaks of it as one of the Civil Courts, and as ' furnishing the friends of Ferrer and of justice the opportunity denied them by the military tribunal,' he is again writing out of the fulness of his ignorance. (3) So far from reversing the decision of the Barcelona tribunal the Supreme Council of War and Marine was careful to recite and record Ferrer's conviction as ' autor >/ coma Jefe' (author and head of the rising). (4) Apart from technical points—which alone the plaintiffs, having failed to bring forward their claims in the time and manner prescribed, must necessarily have been, non-suited—the judgment of the Council turned on the interpretation of the expression ' immediatas ordenes ' (immediate orders) in Article 242 of the Military Code. The Court held that under this clause mere general orders issued by a leader were excepted, and each specific act of damage must be proved to have been the direct and specific order of the person charged. No one would suggest that Jack Cade

gave a. direct and specific order for each of the acts of violence committed during his insurrection; but no one in his senses would deny that he was the 'author and head' of the rising of his day. (5) Even Mr. Archer admits that Ferrer was an Anarchist, but that his anarchism was not of the violent or virile sort that runs a personal risk. These points cover all the ground in dispute between Mr. Keogh and ' Reformer ' ; and it is apparent that the former has plenty to go on with if, as is not in the least likely, his preliminary challenge is accepted and disposed of.

History Without Tears

The late Mr. Justin McCarthy's colleague, Mr. Richard Whiteing, the novelist, has been telling once again, in the pages of the Daily Chronicle, the story of Mr. McCarthy's great work, The History of Our Own Times. , ' His famous History of Our Own Times,' writes the novelist, ' exhibited his dominant qualities in It was kindly tolerant, and with a smooth flow in diction that made it a sort of "history without tears" for readers of every class. He flowered in that book: it was the height of McCarthy ; the perfection of go as you please, when you know how to please as you go. It has a curious story, already told in part in these columns. When the commission was cancelled at the earnest' request of the publisher, because the writer had gone into the unpopular politics of Home Rule, McCarthy consented to a forfeiture on fairly liberal terms of compensation. Then, still stroking his beard, he took it to another publisher, by whom it was accepted at once. It leapt into immediate popularity in both hemispheres ; and in this one alone the author's royalties on it amounted to well over £IO,OOO. Had there been copyright with America that sum would have been at least doubled. The publisher who had missed it was understood to have passed the rest of his days in tearing his beard and calling for sackcloth and ashes whenever he heard McCarthy's name.'

Since When

The New York Evening Post in a recent issue tells of a tired or tipsy Irishman who, walking up Fifth avenue, dropped into a Presbyterian church and fell asleep. After the services were over the sexton came and shook him by the arm. 'We are about to close,' said that functionary, ' and I'll, have to ask you to retire now.' 'What talk have you?' said the Irishman. 'The Cathedral never closes this early.' 'But this is not the Cathedral,' said the sexton. ' The Cathedral is several blocks above here. This is a Presbyterian church.'

The Irishman sat up with a jerk and looked about him. On the walls between the windows were handsome paintings of the Apostles. ' Ain't that the Apostle Saint Luke forenenst you?' he demanded. 'lt is,' said the sexton.' ' And Saint Mark just bey ant him?' ' Yes.' ' And isn't that other wan Saint John?'

'lt is.' 'Young man,' protested the Irishman, 'since whin, tell me, did all thim turn Protestants?' The Ave Maria, from whose columns we reproduce the incident, is of opinion that the age of the story is somewhat against it; but however old it may be it belongs emphatically to the class of stories which one would not willingly let die.