The Columbus Weekly Courier, 1920-11-26

llai, according w my views, In the lropcr determination of Uio peti petition - tion petition for pankHi involved in thin ptocecdinif, b-eause, uinler (tut views that I hold In Hit rase, (hero 2 another pofnltwhleh, to my mind 1 absolutely conclusive in lhm determination of Uie proposition of wnciner or nov mesa dsremunta are guilty of (he crime for which they stand convicted. IL is another undisputed fact Uiat alt or theso men were, as above stated, private soldier in the rank of the army commanded by General Fran Francisco - cisco Francisco Villa. I have examined each ono of these men and I find Uicm, with possibly three or four exceptions, to bo illiterate, belonging lo tho common laboring class of tho people of that country; they all state lhat Ihey wero forced and impressed Into service against thrlr will, and by rorcc, u this bo true, il would make their plea still more merito meritorious; - rious; meritorious; bul granting, fur Uio sake or argument, and ror the purpose or maintaining tho sovereignty and sanctity or tho law, that that were not true, and that they wcro volun teers in Villa' army, how would tho case stand on Mils assumptionr Their Hut to Do and Dir." It is a tact known to the uver- ago layman, and even hi the moot Ignorant of us, lhat uinler miliiary discipline, tho common soldier, known as a private In the rnk is never told what tho objective f any military movement Is. partle partle-ularly - ularly partle-ularly when aolually. cngngiil sit hostilities. Th abjohifl uncondi unconditional - tional unconditional anj passive ulejienr of.tlm common soldier lo U stiperlor of ficer is no commonly known, wi well established, and (0 rVlenlle. ij iiiiurvi-ii, inni ii una niiorueii a theme ror the jmel, who, prhiiig or this soldier' obedience In Um Um-rior - rior Um-rior orficers, says: "II Is not ror him to aik llnv i-eavin why. It Is for him to otrty, and the ' i Wtul tafonualton -nipftlar. iiftl iiftl-cert - cert iiftl-cert may have touching ihe man maneuver - euver maneuver nd movement or troop. Is never communicated to Iho rank and fllo or Iho army; the common oldler it told to march, and he must march; and when ho i called upon to Arc. il is his duty lo fire without asking Uia reason why; a blind obedlcnco by Ihe common Mi Midler - dler Midler to the order or his aiifierinr officer Is so uncondlllonallr en. forced that hi folium to romnlv will ubject -him to eourt-niarllal and oftentimes to suffer the deatli Penalty. Such was the condition or these men. It Is a matter or cur current - rent current hlsldry known to everybody In una couniry mat ror a great many year General Francisco Villa has kept on army lighting on ono aldo or the other or tho many revolu revolutions - tions revolutions and counter-revolutinnt iimi havo convulsed Mexico ror tho pal ten years. That Villa may haye liecn on on aldo or the other Is qqlto im immaterial, - material, immaterial, tho main fact in tho case, which cannot bo dunled, I thai ho kept an army regularly oHlcorod. a all armle am officered, maintain. ing and enforcing (herein lhat de gree of military discipline that, re require - quire require and compels Um rank and Ilia thereof lo oboy the 'order or supcrlur officers; Ihe above named dcR-ndanta belonged lo that army, and. In obediencq to tho orders giv given - en given lo (hem by llielr superior offi officers, - cers, officers, (hey marched lo a point or destination unknown to Uiem, and for u purposo of which Ihey wcro equally Ignorant, oxrept that, in a general way, a ttiey understood it, uiey were -going lo light, the en emy." Thcsn men say that although Ihoy did nol know whero Uiey wero going that- the Impression pre prevailed - vailed prevailed among their number that they wcro going to attack Carranza's garrison al liio border biwn of J'a- lomas, in tho stalo of Chihuahua, Mexico. II i a fact that when Uiey in pursuance of superior orders, at attacked - tacked attacked the town of Columbus, not ono of them knew lhal ho , wa standing on American toll and nt nt-Wero - Wero nt-Wero attacking an American settles llils pica add furtber'inc'rll la llielr d$s, ondTuuft Uia oU "fur "fur-tirermerlt" - tirermerlt" "fur-tirermerlt" advfsftllyV Iwauae, bvh though they had known lhat they wr atbclUnVag erlfau MMte MMte-ment, - ment, MMte-ment, jtill Uiey would not be guilty of murder, bocaute, aa abovo f1aid, Ihey wero not rospoulbta strW: Ihey wero aelng under sufwkv or uera which tiiey mutt, et

u, 1817, wlun llio Just of our sol dier returned to Columbus, after tholr evucuUiun of "Mexican terri territory. - tory. territory. Tho . dofendant above named were all common Midler, what is generally known a privates, In the ranis of the Villa Invading, column, and wcro all, subsequently, cap captured - tured captured In Mexico by our troops, and having been brought into Luna county, New Mexico, were there. In dicted, charged Willi Uia crime of murdering the people that were killed il Columbus al Iho Umo of the aasault on tho morning of March 0, A. D. 1010. All of (be above named defendants pleaded gulltycof murder hi the second de degree, - gree, degree, except Uio defendant Jose Rodriguez, who had -(heretofore been tried by a Jury and. as above stated, was found gullly of'murder In the rirst degree, and was sen sentenced - tenced sentenced lo hang, "his sentence being thereafter commuted by tho gov governor - ernor governor of the state. The above named defendants. acting by and through their attor ney, A. II. Ilrnehan, Esq. and also through tho Mexican consul, the Honorable Carlos Palaeio Iiojl, have appealed to mo as executive of tho stale lo grant Ihern a par pardon, - don, pardon, the petition being based air the proposition that these defendant oro not gullly of the crime for which Ihey were convicted, be because, - cause, because, at the lime of the commis commission - sion commission of Ihe erimo whereof Ihey stand ronvlcted, they wero not ro- spnnslbln agents. In Ihe commis sion thereof. This brings us lo a consideration ol Iho conditions and circumstance under which Iheso men acted. Were Wo at Peace WUh Mexico? "in the rirsl place, tho rirst question that arises in my mind, and whlrh creates a very serious doubt as lo tho actual condition of thing is this: Wero wo at peace with Ihe rcpubllo of Mexico on tho Dili day of March. A. D. luifl. when tbo assault on Columbuj look place. or um a stale or war exist between Iho United Slates and Mexico? It is a fact or contemporaneous his tary known lo all of us that on or about (ho 21st day of April. A. D. ItfU, our troops, under Iho pro protection - tection protection of our navy, occupied the Mexican ort of Vera Cruz, and In tho taking of military possession thereof, a battlo look place be between - tween between our troop and navy on tho one side, and Iho Mexican soldier defending the port. In which strug struggle - gle struggle tcveral live wero lost on Iwth sides. When the strugglo ended our troops had the port and City ol Vera Cruz, and we retained such possession until about Iho 23rd .day or November, A. D7I0M, being a period or about soven months; (Ills act on our part certainly created a stain or war between us and (he republic or Mexico, even (hough no actual declaration or war was made; under' the authorities a statq or war may, and oftentimes doe, exist between nations, with out ony declaration or war being moue uy etiiicr. ((6e Arco el ol, v. tho Stalo or Toxa. 202 H. W, pago 051.) I am not, In possesion of data and Information llmt, will enable me. ,lo tell whether tho relations between our country and Mexico, which wero certainly broken and interrupted by our LVinjif the port or vera Cruz, and which ucuon on our, part cortalnly did create a stalo of war between Iho two roifntrlc. hadjbecn composed al Iho timo tho assault upon Columbus was made by the Mexican troops so as to have changed (hat condition of i stale or war between Iho two na lion Inlo ono of amity and cordial relation. If such chango had tat en place, this phase or tho case now under consideration Is not ap applicable, - plicable, applicable, and becomes absolutely Inconsequential and unimportant In deciding It, If. on tho nlhcr hand, our relation with Mexico had nol been reinstated, bul Uio state of war still continued lo oxist, then (his point becomes very ma terial and essential liecaiiso In that enne iv is pinin 10 sen inni uiesc lie reudanta would havo been prison enuof war, and should have been I rea led and dealt with a such Be. cording to tho rules of civilized warfare, and certainly our civil courts would have no Jurisdiction of.wlutovrr In the case. Were Private SohMrtn.

for Uiclr oudorfiil coutltry nor In the hands of American! in Colum Columbia - bia Columbia To be litre, Columbus has" only Ann nnlnl nf view fnr Vtlln. hU lmn- ilIU and the "raW Bui from ALL editorial co'romedl. It I apparent lhl Ihrro li but ono viewpoint In America execration for a orto- Irackdd mind governor who would never liavo pardoned Ihrie bandits If ho had nol been defeated for the republican nomination of governor of New Mexico Larrazolo say lie i out of oolitic." Of course, ho Is. and to El I'ato wltli him. la'hkawm.0 to mhwbon hen (El Paso Times.) Santa Fr. N. M Nov. 2111 be came known hero tonight that Gov ernor A. 1-arnuolo intend to Issue Thanksgiving pardoni lo Hie alx Vllllitai hold In the alalo ponltcn ponltcn-tlary - tlary ponltcn-tlary here following their conviction of participating lu the raid on Co Coluinbui, - luinbui, Coluinbui, N. M, In which a number of citizens wcro murdered and thrlr home burned by a band of outlaw from aouth of Ilia Interna International - tional International line. Governor Larraxolq take (he po position. - sition. position. It Id understood lhat (hey were Ignorant of Inn fad that Ihey were In the United Btates, Alio. It i atatvd. the governor Is of tbo .opinion that clemenry Umanl the men will tend to promote liellrr feeling in Mexico toward tho Unit United - ed United Stale. 'flic contention-la olso made that the men, when raptured, should have been treated as military prls prls-oner - oner prls-oner anil never ahould have been tried by the civil authorities, and therefore (hey wcro not rightfully rntxinrd In Iho New Mexico ponllcn llory. Fom prisoner caplureil with the men about lo be pardoned .were found julllyof jn degree, munler aim l Aiiuini mo rrinic un me gii Iowa In Dcmlng. LVitimot.o frees is MEXICAN BANDITS (El Paso Times.) Santa Fe, N. M, Nov. 2I-8lleen Mexican, serving llfo sentences for murder committed whlln taking part In tho , Villi! raid mi Colum Columbus, - bus, Columbus, N. M- March 10. 1010. were liar- doned by Governor 0. A. Larrazolo loday. In a statement liaucd at the time of tho announcement of (he pardons uio governor declared his action was based solely on (he belief the mrn wcro not "criminally rcaponsl- sibie.' Tho men, (he governor says, am illiterates. They all informed him they wero forced or impressed Into Iho service nf Villa, against their wishes; that (hey thought they were to attack the Corrama garri garrison - son garrison at- Palomas, Chihuahua, i nhert distance rrom Columbus anil iliil not know their objective wus an Ameri can town. Tho governor holds lhat In any iivent the men were not acting- as free, agents,, but wero under miliary discipline anil orders, and were thus rorced under duress. Nol Guilty, of Murder. 'Il Is a fact," said Iho governor, "thai, when they,, In pursuance of superior orders, attacked Columbus not ono of them knew ho was stand standing - ing standing on American toil, and attacking an American settlement. He declares, however, that, had wiey known they won d nol bo mil (y of murder, but "wcro acting un under - der under superior orders which Ihey rnusi oocy under penalty of death." Governor Larrazolo ilcnled. hU clemency to Iho Mexicans was "to further friendly relations between the United Stales and Mexico." "Re "Relations - lations "Relations between countries," iho gov ernor slated, "no more than friend ly relations between .individuals, (an bn slreiiglh.eijed by protecting crime or pardonlug criminals. Court' Jurlllctlm OurhllonnL Pointing out tie pnsalblllly (hut a real state, of war may have existed between tho United Stales and Mox ico at the Mme, Iho governor says lhat in that evcnl-the men deserved the consideration given prisoner of war and (lie civil courts had no Jur Miction In the cat. The executive, says' that ho examined each ono nf tho men carefully. He sets forth that they pleaded guilty In second 1 degrco murder lb cscapa dculh, ondj

LARRAZOLO EXECRATED BY ALL! CJlkeM of (ieluwliMw Genes!, American and Mexicans Attkc Denounce (lovrrner rorUn warranted fcrterfereiie. TN SMOtEl TB PMTEST Exrrm&syrkfiVest for Ke-elecUon, . mm) 'Lmv New Mexko, LAWFT, BANTA' FE, N. M,Nuv. 24.-le-Icate of tho 10 YilUitns from Uio state penitentiary was halted tem temporarily - porarily temporarily Jat leMlw- fhl pontoon when Judge llollomanlof'lhodulrlct court, on application "of Albert V. Clanoy or Santa Fo, Issued a wj-lt of mandamus directed, lo Fidel Qrtlx, warden of the penitentiary, com mandlng him to show causo why, ho should honor tho pardons Issued by Governor I-arraxnlo ' few day ago. Tho ran was set for hearing December 4. nnif Iho convicts ran not be released before thai date. They wcro to have been glveu-lhclr liberty as soon as Inknlgratlon offi cials couM preiwre Iho necessary paper to have them deported to Mexico. Ttie'day the pardons were Issued, Goverjior tan-atoli) left for El Pnsp enrouto" lo'Mexit-o Clly lo altend "the Inauguration of -I'relUul-eUct OlirggD, and ho could not bo Inter Interviewed - viewed Interviewed icgordlng the new phase which Iho ram haa taken. ICIghl Hundred BomllU Stronff. In tho snappy air of a March morn l!W o'clock, March lo, 101 while Ihe cltltens ami hotel guests of Columbus slept unaware of Im pending disaster and In their dreams safely guarded by troops of the (J nl ted SUtos Army under command of Colonel Blocum, there swung oul of the bills south or tho bordor (KM bandits under the command of Francisco Villa, ConiliiR north from down Iloco Grande way these W0 riders of tho night creased (ho Inirdcr belwlx Iwo troops or cavalry and surniiy, swiftly circled tbo western limits of Columbm and then reachlng'tho center of Iho environ wheeled shanto tho right and in a few min minutes - utes minutes seconds weru in tho crntcr of Columbus and then tho devils iuranialo began tho slaughter of tho Innocent, which resulted In Ihe death of seventeen cllixens and the wound wounding - ing wounding of .countless others and in an hour tlm' cravens wero on their way south Hiito Mexico and from astride their mounts and mllna away looked luck fnl tho smoldering, smoking hamlejjihry had wrecked and IioimhI to ruin. Coiminr ftlandrrs Court and Jurj Jurj-And - And Jurj-And fur this damnable outrago upon .'American citizens and their properly right. Just three yrarsago, ix bapdlls wero hung at tho county real and sixteen wero sent to Ihe ponllefillnry lo scrvp whol wcro In Intended - tended Intended "to be llfo sentences. Andjlbjs week, tarrnxolo. a, ro ro-publicai - publicai ro-publicai jravcrnor, dcfnaled in and by h.uT'mvn party, lioldly pardoned the KSjbamllts with llio weakest ex ex-cusci'faijd - cusci'faijd ex-cusci'faijd Wednesday In El J'nao, TexBS wllh an air of finality, this governor 1 who misrepresents Iho Stale of New .Mexico, say that the. execution' of (ho six bandits at Dcm- lntr WAS "JUDICIAL Ml'llDKn." Frauctsro Villa, when ijucstlned by ait 'Associated I'ress rejtorter some.'mmiths ago as to why ho had attacked Columbus and If he was personally tn command ol Iho tlim naively reiilledi "I'lurU a Laurel WrfJth, Eh? "9lTy pluck a laurel wreath from off mV )iro''" If thi hnme!ea excuso of n gov governor - ernor governor for Justice and right in New Mexico expecuh to bedeck his nor- row brow with laurel wreaths hot Wilt find them only t tho VHa

Santa Fe, N. M, Nov. J3-The six sixteen - teen sixteen yilllsta Columbus raider par doned' by Governor Larrazolo, will nol receive, their freedom until Thnr fay. According (o present plat e will go from here to Chl Chl-Iiud; - Iiud; Chl-Iiud; i via El Paso, escorted lo Ihe latter city by Mexican Consul C Pohlaclos rtnkl. each with a dis discharged - charged discharged convict's suit and (3 In his pockol to legin life anew. It is un derslood Ihe Mexican government will give lite men small farms as il ha other of Villa's rollowers. Tho taxi of the pardon follows: EXECUTIVE OFFICE Santa Fe, New Mexico. Eieruthe Order. On Iho S7lh day or August. A. D. IU17, lu the district court silting In and Tor tho county or Luna, In tho slate pr New Mexico. Itamon IIus IIus-tlfis, - tlfis, IIus-tlfis, Jlafael Jlustamante, Thomas Cimarrno, Santos Tiirre," Pedro lloreiago. Joso Trna, Jose ile la luz .Mariues. Ijirenzo Gutierrez, Rafael Itodrigue. I'etlro Ij)pez, Mariano Jlmlnez. Jti.m Munoz. David Ihxl riguez, Franelsoo Soils, Juan Tor res. all or whi.m had heretofore plemJetl gullly to die crime of murder lu Iho second degree, were duly sentenced lo serve a term or Imprisonment in tho New Mexico state penitentiary of not less than 7Q years nor more than 80 year; and; Jose Rodriguez, who had theretofore liecn tried in said court and round gflllly of Iho crime of murder In Ihe flrsl degree, was, on Iho SHlli thy nf Juno, A, D. lUtrt. In the aforesaid court, given Hie dMlh penally, and sentenced (a hs n?. Avlilch sentrnco was later, by oxecuuvo order, commuted lo lire impruoument in Iho state peniten llary Tho history of these cases Is rather fresh In tho memories of the peoplo or this state and, in tact, of llio people of Iho whole nation, ho causo Ihcso convictions wero Ihe result or a most unusual and sen ROtinnal occurence thai attracted national attention. HlftorM of the Csuie. Early in tho morning or tho 9th day or March, A. D. 1010, a de detachment - tachment detachment ol Mexican soldier under tho command of General Fran Cisco Villa attacked 'tho town of Columbus, In tho county of Luna, in tho state or New Mexico, which said lowp is very close In tho boun boundary - dary boundary line between the United Stales and Mexico; upon the attack being made, a number or United Slate soldier, who wcro stationed In (hat settlement, quickly camo to the defrnso of Urn community, and very soon a piiciied haltlo occurred be between - tween between llio rorces led by General Villa and his subordinate officers, and "'our soldiers, under llielr re re-npectlvo - npectlvo re-npectlvo officers,; In the engage engagement - ment engagement several peoplo were killed and Others wounded on both sides, and the struggle ended in the luirT rird retreat of Iho assailants, who wero promptly pursued by our troops; very soon thereafter, on, lo lo-wlt, - wlt, lo-wlt, the loth day of March, A. p. IPIO, a formal oxpcdtlon Into Mex Mexican - ican Mexican territory wai uncjertaken and carried inlo ofreel by United Stale troops under tfio command of Gen- eral John J. Perahlnor. Tliean troops occupied rcrloln sections t territory in the state o( Chihuahua,

duro, and the trial court Htsi ho op tion but lo pa DeMeflce, Tho name of iho men who wero endured and ConvietcI for nils' das tardly crime nre; Hamon Dunlllloii, Itafael Uuitaiilentc, Tomaa Copiarc Copiarc-on, - on, Copiarc-on, Santo Torres, 1'wlro lioKiago Jfito Tcna, Jcao de la Lut, Marqurr, Lorcnio Gullerrrx, Ilafael nodrl nodrl-gurt, - gurt, nodrl-gurt, Pedro Lopex, Mariano Jimenet, Juan Munox, David Hodrlgucs, Francisco Soils, Juan Torrcj. and Jose llodrlgurx. All but Joso riodriguex. pleaded guilty to second degree murder ami were given from 70 lo 80 year-sen tence. Jose Rodriguez Was found gullly of first degroo murder and sentenced to hang, but his penally was commuted to life Imprisonment. Tho raid on Columbus coal tho lives of IT Americans, who wcrrt shot down In cold blood. All of the 10 men pardoned yesterday wcro tried and ronvlclod heforo a Jury sitting at Demlnp, N. M. Tim Columbus raid wai directly responsible ror Iho formation of Pershing's punilivo expedition Into Mexico and the issuance of tho war. department order lo "gel" Villa. Perilling was recalled from Mexico after a ten months' campaign and before ho fulfilled his mission. Two El Pasoans were among the dead al Cohunhus, both burned tn death hi Iho Commercial Hotel fire, They were Dr. II. M. Hart, cattle Insimrlnr. and W. A. Davidson, menmer or Company K, Texas No llonal guard'. The entire business dlstrlcl of Co Columbus - lumbus Columbus was razed, Tho "hnmllts poured gasollno on tho buildings be- roro Ihey applied the torch. I.HH.7.(H,) 11) LIVE IN EL PASO; DEFENDS I'AHDONS - o Within Ihe next thrco months it is practical aured tliat Govenu'r 0. A. Larraiofu or N'ew Mexico will, bscomo a resldenl of El I'a-'o nnd will rcsumo the practice of law. inamtiK n specially of cases Involv Ing'Mexleau law. The announcement was made by Governor fjirrsiolo Tuesday morn ing al iho Hotel Sheldon on his ar arrival - rival arrival from Santa Fx. lie will r.- main In Ei I'aso until he leaves for .moxico uuy in 1m preaent al Ihe In oulairallon of Gep. Alvaradu Obre- gon as president of Mexico. "It Is not only possiblo but ex tn-mely probable that I will rctuni In El Paso lo live,' (Jovernor l-arra-zolo sold, "n fact. I may say it is practically certain thai I will do so within three month. I urn olwo- liltely out of politics, and will be glud to resumo Iho pcacllco of law. i will make n specially of coses In volving Mexican law Governor Larrazolo was amused

some position under President Obra- gon in Mexico. "I wouldn't lake any olflco 1" the United Hlates," he said, "and, of course, I couldn't do so In Mexico," Governor larrazolo lived in El I'aso before going In New Mexico, and al ono time was dislricl attor attorney, - ney, attorney, , Pardon. Called "dosed Incident. The' pardoning of iho 10 ex-Vlllls-tas In tho New Mexico penitentiary is a closed Incident, tho governor recti. However ho wishes to. cmpha slzetho fuel that.it was, not done by any wish lo promote good will be between - tween between Mpxlro and Iho United Status. 6t course, I will feel .much grati itudo lfI received Ihe f'ipport or tho pcotlo' in my action, bul If the wholo world were agiilnsl me I would feel I Had doim exactly right." Action Under Military Orders Governor Larrazolo, In his official pardon, made his principal tonten- tion that the men were acting under military ordois In tho battle, and lhat they wero required to obey or stirrer punishment. "Judicial numler" Is Iho lerm Governor tarraznlo applied to tbo execution or tho six Villlstos. Governor I-arroznlo'a parly in- eltidwl Mrs. Larrazolo, AiUt. General James Kara, Gllbvrln Mirabel, .his prlvoto secretary! J. M, larrazolo, hi son; Mr. Iliomns Doran ot Sanln Fo and Frank Huhbel. Now '.Mexican politician. They will all go lu Mexico City with uira.