"Frustrated Rising"

Spain's republican government last week faced one of the most difficult decisions of its career. It had to decide what to do with General Jose Sanjurjo, the brave, paunchy Monarchist who, fortnight prior, had seized Seville in an attempt to put Prince Juan Carlos, third son of ex-King Alfonso, on the throne (TIME, Aug. 22). On trial before the Supreme Court in Madrid, General Sanjurjo lived up to his reputation for indifference in the face of danger. He listened quietly while old Francisco Bergamin, Spain's Clarence Darrow, argued that his coup had not been a "consummated revolt,'' for which the penalty is death, but a "frustrated rising," punishable with life imprisonment. He smiled when a soldier testified that in ordering him to blow up the Lora del Rio bridge the general had instructed him to "do the least possible damage." When the judges returned a verdict of death General Sanjurjo remarked blandly: "I have been in worse situations."

General Garcia de la Herranz leaped to his feet and demanded the same penalty as his chief. The judges ignored his request, sentenced him to 30 years imprisonment, equivalent in Spain to life sentence. Lieut.-Colonel Emilio Infante, a third culprit, was sentenced to twelve years in prison. General Sanjurjo's son Justo was acquitted, dismissed from the army.

The Government immediately sent troops to all parts of Spain. If General Sanjurjo's sentence were commuted there would be outbreaks by Communists and Syndicalists. If he were executed the Monarchists would rise. Clemency appeals began to pour in upon Premier Manuel Azana. Two were from the widow of Captain Garcia Hernandez and the mother of Captain Firmin Galan, both of whom were executed for attempting to overthrow King Alfonso. Premier Azana convened his cabinet to consider the decision.

Eight hours before the General was to be shot the cabinet meeting broke up in confusion. General Sanjurjo ordered a seven-course lunch. Premier Azana called a second cabinet meeting while the General had his siesta. When he awoke he learned that the second meeting had ended without a decision because Radical Socialist members had threatened to resign if the sentence were commuted. General Sanjurjo ordered a vermouth as the cabinet went into a third session. Three hours before sundown Premier Azana announced to the Cortes that the cabinet had asked President Niceto Alcala Zamora to commute the sentence to life imprisonment, that the President had signed the papers. Rightist deputies cheered, those of the Left hissed. There were half a dozen fist fights. Big-jowled General Sanjurjo grinned, ordered another vermouth.

While the General ate his dinner, mobs shouted around the prison. Communists rioted in Bilbao. In San Sebastian, Republicans tried to lynch several Monarchists. In Barcelona, Archduke Carlos of Habsburg-Bourbon was arrested on suspicion. After a night of serene sleep General Sanjurjo set out for El Dueso Prison in Santander Province to begin a term which few Spaniards expect him to finish.

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