Vincente Puig, municipal Judge in Premia de Mar, says that on the 28th, at twelve o'clock, Ferrer held a mect- ing with the mayor (Domingo Casas), the adjutant-Mayor and the secretary-elerk, and towards two o'clock the rebels begar to throw down a wall of the railroad and set fire to the building which scrves as a wareliouse, and that a ru- mor circulated that Ferrer had ordered a group of men armed with dynamite to destroy the convent of the Brothers of the Christian Doctrine. Several witnesses from Premia de Mar declared that on the 28th they saw coming up the road two men, one of whom they knew as Juan Puig, and the other, they were told, was Ferrer; two other men joined them aud the four togelber began to loot and start fires.7? A sergeant of the Civil Guard, Manuel Velasquez, says that on the 28th Ferrer came to Masnou and spoke to several people of advanced ideas, inciting them to go to Barcelona and defend their brothers who wcre being as- sassinatcd by the police. 4. Francisco Colldefrons on the 27th between seven and half past eight in the evening, saw a group in front of the Lyceum captained by an individual who seemed to him to be Ferrer Guardia, whom he knew only from his picture, but of whose identity he made certain by asking the pas- sersby, who told him it was Ferrer, indeed. If we study now these four classes of testimony we sec that those of the first class, which are the most numcrous, are all of them gencral testimonics of public opinion and references, of "hear say," which imply no specific accusa- tion.8 Not one of them refers to a concrete fact. Besides, 67 These people were not cross- examined. although the Code of MIlitary Justice (Art.43G) calls for it in auch cases.
- According to authoritles on
law and evidence such as Mitter- maier, Bonnier, Ricci, etc., the evidenee of publie volce does not constltute a proof, it only shows an indication in special rases, as for instance, in clvil and criminal cases to demonetrate the imme- morial possession of a pasture, or the evil reputatlon of a person who committed adultery, or the bad relations of a murderer with his victim. But it is evident that in a political case, public opluton based on party prejudices and arbitrary beltefa cannot have any
valie.
