| Show I 1 proa prom from the philadelphia saturday evening post law aw in new kew granada vs ia law w in the united states it was a criminal trial in new granada A man had been charged with some crime and had been denounced the denunciation was page age 1 page 2 stated that he be was not guilty gage cage page 3 was from the circuit judge ordering ordering 9 the judge of the first instance to take evidence of A B 0 and D these made up documents 4 5 6 and 7 no 8 was from the accuse accused dj demanding that some one be assigned as his counsel as he was too poor to employ a doctor of laws no 9 0 was from the ludge judge oe of the first instance ordering rev ellas elias guerrero to defend the accused in no 10 my mv friend had bad asked that B and C be examined reexamined re on certain points int a and P d E and F examined nos 11 1112 12 1314 c contained I 1 tai tal ed the results of these examinations eions which h I 1 h he was sewing on previous to passing bill the concretion 0 over ver to the perso nero or prosecuting attorney of the province of buenaventura I 1 if ft it shall seem to the perso nero that the case is made up he will demand in ili no 15 an interview at a proper time between the ji id dge ey the we accused his defender six jurors anil antl and hir hig himself in which these documents will all be e read and tho case argued we may then hope that no 16 will contain the vote of a majority of the jury and no 17 the sentence of the judge such is the outline of the french spanish sh and nd Gra nadian process as it seems to me it is much more da dangerous berous to men of bad character than our assed blessed yankee system which yields a more perfect protection to the criminal than any other ever invented I 1 tried to describe our process to my Gra nadian friend but I 1 fear he did not believe all I 1 said in the first place to catch the accused but it if you cannot catch him what then why of course then we do not try him why not he mi might ht not have a fair trial if be he were not present 2 46 well IVell give him fair notice then and if he thinks it better to be present let him come do you never catch men that you find you have no occasion for and would it not have been better if they had bad been tried before sending off toa to a distance to bring them home if they did not want to come that may be but it is contrary to our theory founded on oil an old law book I 1 believe called madre blaere vidrio mother grass the man must be first caught and then tried next after catching he is to bail him but suppose he has stolen 12 then we demand security inthe in the sum of or less excessive bail is ti onal and a bail of as great an amount PS as he be i has stolen would be more than he could get y therefore h it would be excessive but if be he gives his bail of the stolen money and then runs away then the bail moves heaven and earth to have delbe velbe the security reduced t to 0 which he E ays into he fhe treasury and gains by ly y the operation and the man whoa who was robbed why he revenges bamsel himself by having the thief arrested again it if he can catch him if but generally he will not runaway run away the danger of conviction is not so great as to justify it for twelve men must be unanimous in his conviction and they must walk together without stumbling over a path bristling with law points planted by skillful counsel acquit ting men has been reduced with tl to a nce once nee A nian man can make but fair wages at get tin ting others condemned but be he may even get at a single job for getting a man clear 1 1 caramba t A celebrated advocate henry clay is said never once in his life to have failed in clearing i his man even when charged with murder consider what a fool a man would be in spending 40 in bail and risk being caught again when be h e could retain henry clay for one ter of that sum and after being acquitted live respectably among his bis old neighbors and die happy in the house bouse where he was born IVer verdad verdade Ver dad but the boston people have carried the matter farthest once boston had a bad name for hard usage of criminals people of other states were horrified by the hanging of a man of good family for a murder when they could see we beautiful chances of getting him clear that were idly suffered to pass since then they have made their jurors judges of law as well as lis of fact and the consequence is that their juror jurors hang shang on the slightest cause han hang 11 the accuse accused dy no indeed they are unable to agree and aie are discharged A new trial is ordered not a word of the old trial will answer all the witnesses must be heard beard again and if a ma aerial iderial one should die or happen to become an engineer on a russian railroad the trial must il 4 go on without him and the accused be acquitted 11 well your union must be a paradise for malefactors I 1 no longer wonder at the desperadoes pera does that keep our isthmus ina perpetual herror terror 11 yes but I 1 have not told you all the ile denouncer is sometimes called on to give bail as well as the denounced for instance a mate of ot a shi ship P T maltreats mal mai al treats a sailor jack complains and an d is locked I 1 0 ed up as a witness the mate gives bail the hot season comes on hotter than in tocaima Toc aima for fifteen long hours in a day the tilo sun beats on the prison where the witness 4 1 ja is shut up but the mate is not ready for trial he ife is drinking ice wa water 1 er and at some genteel i e employment on shore after th the e trial the wi lisaj ass who has been shut up six months is set I 1 at large and the be criminal is condemned to be shut 6 up in a better cell six weeks weeke vaval you are joking 2 not at all I 1 had my overcoat stolen and in a moment of consummate folly I 1 told the po lice fortunate fortunately the thief never was disc dincov 0 vy ered had he been caught cauff ht the time I 1 should have been compelled to spend hanging about a courtroom court room would have been worth to tome me more than two overcoats I 1 cannot give the rest of our conversation I 1 own that I 1 utterly failed to make the priest understand n der stand the superiority of our system to theirs such is prejudice the most degraded of our population at home can ran see it at once |
