Page:The Green Bag (1889–1914), Volume 19.pdf/568

 THE

BARILLAS CASE

eral Barillas, after having considered and realized the crime. 6. Morales was armed, whereas General Barillas was not. 7. Morales took advantage of his adver sary, without running any risk of being wounded or killed by him and did not act in self-defense. 8. Morales when he wounded General Barillas caught him unawares and with intent, without giving him time to defend himself or to avoid the danger. 9. Morales committed his crime without any consideration of the advanced age of his victim. 10. Morales committed the crime at night intentionally. 11. Morales did not speak the truth and made false statements with the intention of retarding justice and of making the inquiry more difficult. 12. Morales committed the crime for compensation received and promised.

Accusation of Mora. 1. Bernado Mora is guilty of acts which were the motive of the crime of murder of General Barillas by Florencio Morales, whom he induced to commit it. a. Bernado Mora is guilty of having carried out acts which led immediately and directly to the murder of General Barillas, which act was carried out by Florencio Morales. 3. Under this head are conclusions 1, 3, 4, 5, 6, 7 and 8 of the foregoing. 4. Mora did not consider the age and position of the deceased. 5. The following are applicable: Articles 4, 7, 9, 32 and 48, fraction I, 49, fractions IV and V, 511, 515, 517, fraction IV, 518, 545, 560, 561, fractions I, II and III, 44, fractions I and II, 45, fraction XII, 46 and 520, frac tion I, 523, 540, 541, 543. 544. fraction II, 47, fraction I and others of the Penal Code.

533 The Defense.

The lawyers for Florencio Morales, Lie. Arroyo de Anda, Francisco Olaguibel and Octavio del Conde, presented the following conclusions : 1. Morales broke a penal law in response to a moral force presaging a well grounded and irresistible fear of a serious and immi nent danger. 2. Former good conduct, circumstantial confession of the crime, ignorance and lack of education. 3. Minority of age, which accounts for his lack of discernment of the true aspect of the act and its unlawfulness. 4. He was impressed with the idea that he was fulfilling a duty. Mora's Innocence Assumed. The defence of Mora assumed his inno cence. Mora was now ordered to retire from the court room, leaving Morales alone on his prisoner's stool. He was made to stand up and swear that he would speak the truth, whereupon he was asked his "generates," wherein he stated his name, that he was from Ocol, Guatemala, was eighteen years old, unmarried, a merchant, and was living, when arrested, in the house number 16 in the 2nd street of San Lorenzo, in Mexico City. His examination then thus began, the witness all the while standing: Presidente: Do you know for what crime you are being tried? "For murder," replied Morales, in a very low tone. Presidente: Speak as loud as you can so that the gentlemen of the jury can under stand well. Relate now how these things happened. Morales then related with much detail how, being in Guatemala, Mora who was his cousin, had met him one day, and told him that if he would go to Mexico with