The Sun.
London, England, 1838-12-07 00:00:00

THE SUN, LONDON, FRIDAY, DECEMBER 7, 1838

SPAIN.

( From the Gazette des Tribztnaux.)

ASSASSINATION.-TRIAL IN THE STATE SIEGE, JUDGMENT,
AND EXECUTION, IN PRESENCE OF THE CORPSE OF THE

VICTIM.

Last Tuesday the Paris Journals contained the following
paragraph :
" A dreadful assassination has been committed at Malaga
on the body of Don Jose Rando, a crime the more horrible,
inasmuch as it appears that the murderer was hired to per-
petrate it. The military authorities are making the most
active inquiries to discover the offenders, in order that the
punishment may be equally prompt and terrible. Our cor-
respondent adds, that no political motive is supposed to
have instigated to this assassination."
The crime was committed on the 30th of October. On
the 2d of November sentence was pronounced, and execu-
tion followed.

The following is the account given by our Correspondent
of this trial, probably unparalleled in the annals of judicial
proceedings
There is in Malaga a numerous family named Rando,
most of the members of which belong to the bar. One of
them, Don Felix Rando, had two sons, one of whom, the
unfortunate Don Jose, had recently married a young lady
of some fortune. Don Jose Rando, who loved to dress
well and to pursue his own amusements. soon spent his
wife's fortune. and that was the cause of many domestic
disputes.
On the night of the 30th of October last, about half-past
I I o'clock, the unfortunate Pepe Rando y Soul 6 left a
house in which he had spent the evening. He was returning
home, accompanied by Manuel de Jesus, the watchman,
when, on turning the corner of the Calle Fresca, he was
treacherously stabbed by a man who lay in wait for him.
The blow was terrible. It made a wound of six and a half
inches in extent, and penetrated through the heart, cutting
it in two. The blow was so violent, and the blood sprung
out in such a stream, that it bespattered the walls of the
opposite houses to a considerable height. The unfortu-
nate young man uttered one plaintive cry ; it was the cry
of death, and he fell bathed in his blood.
The assassin fled the moment his victim fell, a circum-
stance which detracted from the idea of robbery, and pointed
to some other motive. This consideration acquired the
more weight, when it was recollected that Rando wore a
valuable watch and gold neck chain, and besides that the
man who accompanied him was armed. The motive which
raised the hand of the malefactor, and induced him to

hazard the commission of such a crime in the very presence
of the individual whose business was to protect Rando,
could not be the desire of plunder.
The sereno, who saw the terrible catastrophe pass before
his eyes with the rapidity of a flash of lightning, neither
lost his courage nor his presence of mind. He darted off
in pursuit of the murderer, who in his flight dropped on the
ground his cloak, his hat, and his poinard. Whether from
confusion or ignorance of the turnings the assassin got into
a small court which has no thoroughfare, near the butcher
market, called Do Solitnan's-alley. There the sereno, with
tha aid of Don Jose Vergara y Myans and some other in-
habitants, succeeded in taking him. He was immediately
brought before the Captain-General. The hands of the
wretch were still stained with the blood be had shed. He
declared his name to be Jose de la Rosa, a native of Prieto,
and a day labourer. He was married, and the father of
three children.

The Captain-General, observing that the prisoner was
rubbing his hands for the purpose of removing the gory
traces of his crime, ordered that wooden handcuffs should
be put on him. He also commissioned Don Francisco
Sanchez, Lieutenant of the Marbella Veterans, to dis-
charge the duties of Fiscal. Desirous of satisfying the de-
mands of public justice, be recommended that the instruc-
tion of the process should be expedited, in order to have, if
possible, the assassin buried at the same time as his victim.

The Fiscal commenced the examination of the prisoner,
and on the second interrogatory La Rosa confessed that he
had committed the crime, and denounced a young advocate.
Don Juan Morales, as his accomplice, who, he said, induced
him to undertake the assassination. He also declared that

he had received some money in advance of the wages
of his sanguinary work. Moreover, be entered into minute
details of every thing that had preceded the crime, and of
the circumstances that accompanied it.
His Excellency's aides-de-camp and several other officers
commissioned for different objects promptly executed the
business assigned them. By seven o'clock next morning,
October 31st, Morales and the assassin were confronted.
As their declarations greatly varied, they were taken for a
second interrogatory into the church and placed beside the
dead body of Rando. There, under the vaults of the
temple, before the cold and inanimate remains of the victim,
and in presence of a powerfully excited multitude, who,
agitated by terror, came to witness this extraordinary and
impressive scene, the awful voice of La Rosa was raised to
repeat again the charge agains,t the man he pointed out as
his accomplice. Morales, cast down and spiritless, pro-
tested that he was innocent. He muttered in a low voice—
" I do not know this man."

" What ! you do not know me," (said La Rosa, who
was only separated from his fellow prisoner by the corpse.)
" But you pleaded for me in a criminal cause. You visited
me in prison. The gaoler and my companians in prison
can prove it.".
I know not this man. He is a villain who wants to
ruin me," replied Morales trembling.
" You do not know me ! Did not we go together and
purchase the poniard! I can give the name and address of
the man who sold it. He will recollect us."
" This is all a falsehood."
" A falsehood indeed! Do you deny the promises you
repeatedly made me for two months to induce me to strike
the blow ? Had it not been for that, do you think I would
have killed him (pointing to the dead body)? What harm
had he done to m 4 You instigated me. You brought
me to the corner of the street. You made me raise my arm,
saying, There he comes, the opportunity is favourable.'"
" How can you invent such calumnies ?"
" You promised me money for committing the crime, and
I can show the house where we met, and where I was to
receive the reward of that service you required of me."
" This wretched man wishes to ruin me, but 1 had no
interest in the death of Rando."
"No interest, do you say ? You live in adultery with
his wife. Did not you tell me that she was seven months
gone with child, and that it was necessary to put her hus-
band out of the way before her accouchernent ? Did not
she herself tell me that the best way to kill her husband
would be to fire a pistol at him while she, walking with
him, would be holding by his arm ? Did not you also pro-
pose to make use of poison ? Did not you make me come
from Granada ?"
To all these questions Morales faintly answered, " I am
innocent."
" You assert that you are innocent (said the Fiscal).
Well, let me see you take the hand of the corpse and in-
voke curses on the assassins."
The wretched young man, in a state of indescribable stu-
por, could only stutter out some unintelligible words.
The Fiscal afterwards ordered the prisoners to be con-
veyed to the spot where the crime was committed. They
were amain interrogated respecting the details of the mur-
der, the conversation which passed between them along the
road they took, and as to the place where La Rosa, in
order to wait for their victim, was posted with his accom-
plice. On all these occasions La Rosa repeated all the
declarations he had made ; and Morales, on his part, per-
sisted in his denials. To cast more light on the affair, the
depositions of 51 witnesses were taken. In general they
corrolwated the accusations of La Rosa. Morales was re-
cognized as the purchaser of the poniard. It was easy to
prove that he had defended La Rosa in a criminal case, and
that he often had intercourse with him. La Rosa, with a
sombre gravity, confirmed all his first charges. He spoke
of the atrocious action he had committed with a horrible
calmness, while the accents of his voice made all who
heard him shudder. All this time Morales remained silent,
and completely cast down.

- - i
At eight n the evening, the interrogatories being com-
pleted, the examinations of the witnesses concluded, the as-
sassin and Morales chose their defenders. As to the wit-
nesses, they were still detained, in order that they might
confirm, modify, or explain, their original depositions. This
second examination took place in th presence and under
the intervention of the counsel of the prisoners. In con-
tinued during the night, and was not terminated until four
o'clock on the next morning, November 1.
Day began to break. Public interest and agitation had
reached an extraordinary height. A powerful emotion per-
vaded the whole population. The completion of some
fresh proceeding occupied the time till noon. The docu-
ments of the instruction were then delivered to the counsel
for the defence.
An immense multitude crowded the streets leading to the
Convent San Fclippe, where the Council of War held its
sittings. Impatience and anxiety were painted on. every
countenance.
At half-past six o'clock the advocates had completed
their investigation of the affair, but some time elapsed before
the Judges, who had been newly nominated, could be as-
sembled, and it was found impossible to commence the
reading of the documents before eight o'clock. After the
whole of the documents had been read, the Fiscal shortly
summed up the case, and concluded by demanding the pe-
nalty of death against the two prisoners. The accused
were next heard. The defence of young Morales was read
by Don N. Texada. It was argumentative and spirited,
and was listened to with manifest interest by the audience.
La Rosa's written defence was short and simple_;
it only im-
plored pity. When these proceedings had concluded, the
corpse of the unfortunate Rando, covered with blood, was
brought before the tribunal, and the prisoners being intro-
duced, were pg4ip pgpfrogtpd with each other.
wag a tall map, flawing Fegpiar features, and
La
apparently ent.ioViet
-441 dual :DOW 4E4 physical pqwer.
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