Polynesian. [volume] (Honolulu [Oahu], Hawaii) 1844-1864, 1857-05-02
Law in New Granada VS.. Law in the United
states.

had been charged with some crime, and had been
denounced. The denuncation was page /. Page
2 stated that he was not guilty. Page was from
the circuit Judge, ordering the Judge of the first
instance TO take evidence of A, B, c and ID. These
made up documents A, 5, 6 and Z. No. 8 was from
the accused. demanding that some one be assigned
as his counsel, as he was too poor to employ doc
tor of laws. No. was from the Judge of the first
instance, ordering Rev. Elias Guerrero to defend
the accused. In No. 10 my friend had asked that
and be re-examined on certain points, and
and + examined. Nos. ii -, 13, a. contained
the results of these examinations, which he was
sewing on previous to passing the concretiOn over
to the personero or prosecuting attorney, Of the
province Of Buenaventura.
If it shall seem to the personero that the case is
made up, he will demand, in No. Is, an interview
at proper time, between the Judge, the accused,
his defender, six Jurors and himself, in which these
documents will all be read, and the case argued.
We may then hope that No. l6 will contain the
vote of majority of the jury, and No. IL the SEN
tence of the judge.
Such is the outline of the French, Spanish and
Granadlan process, it seems to me. 1t is much
more dangerous to men of bad character than our
blessed Yankee system, which yields more per-
feet protection to the criminal than any other ever
invented | tried TO describe our process to my
Granadan friend, but fear he did not believe all
said.
''In the first place to catch the accused"
"But if you cannot catch him, what them"
"Why, Of course, then We do not try him"
"Why not?
''He might not have a fair trial if he were not
present"
swell. give him fair notice, then, and if he
thinks il better to be present, let him come Do
you never catch men that you find you have no oc
casion for? And would it not have been better if
they had been tried before sending off TO distance
10 bring them home, if they did not want to come"
"Tnat may be; but it is contrary to our theory
founded on an old law book, believe, called
Madre Vidrio-Mother GLASS;; the man must be
first caught and then tried Next after catching
him is to bail him."
..But suppose he has stolen 800 COO"
'sThen we demand security in the sum Of $40,-
900 or less. Excessive bail is unconstitutional !;
and q bail of as great an amount as he has stolen
would be more than he could get, therefore it
would be excessive"
"But if he gives his bail $40 900 of the stolen
money, and then runs way?'
"Then the bail moves heaven and earth to have
the security reduced TO $4,000, which he pays
into the treasury, and gains $4,000 by the opera
tion."
"And the man who robbed ?"
'Why he revenges himself by having the thief
arrested again, if he can catch him"
"If:''
'.But, generally, he will not run away. The
danger of conviction is not great as to justify IT.;
for twelve men must be unanimous in his cOnylc-
tion and they must walk together without STUN
bling, over path bristlins with law points planted
by skilful counsel Acquiring men has been re-
| duced with US to a science. A man can make but
fair wages at getting others condemned, but he
may even get $4,000 at single job for getting a
iTsn clear
| "Caramba :"
| "a celebrated advocate, Henry Clay, is said
never once in his life to have failed in clearing his
man, even when charged with murder. Consider
what a fool man would be in spending $4,000
| in bail, and risk being caught again, when he
could letain Henry Clay for one-quarter of that
sum, and after being acquitted, live respectfully
among his old neighbors, and die happy in the
house where he was boru."
"Verdad"
"Dut the Boston people have carried the matter
farthest. Once Boston had bad name for hard
usage of criminals. People of other States were
borrlied by the hanging of man of good family
| for murder when they could see beautiful chan
ces Of getting him clear that were idly suffered TO
pass. Since then they have made their jurors
iudOes of law as well rs of fact, and the cOnse-
auence is that their juries hang on the slightest
Cause
"Hang the accHsed?"
"No. indeed. They are unable to agree, and
are discharged A new trial is ordered. Not
word of the old trial will answer. Ali the witnesses
must be heard again, and if a material one should
/ die or happen to become an englneeron RUSSIAN
railroad, the trial must go on without him, and the
accused be acquitted.
"Well, your Union must be paradise for male
/ factors | no longer wonder at the desPeradoes
that keep our Isthmus in perpetual terror.
"Yes, but have not told you ALL The denoun-
Ger is sometimes called on to give bail as well as
the denounced. For instance, mate OF ship
matreats sailor. Jack complains and IS locked
ND as a witness. The mate gives bail. The hot
season comes on-hotter than in Tocaima For
fifteen long hours in a day the sun beats on the
prison where the witness is shut up, but the mate
is not ready for trial. He is drinking ice-water,
and at some genteel employment on shore. After
the trial. the witness, who has been shut up SIX
months, is set at large, and the criminal Is con-
demned to be shut up in a better cell SIX weeks"
"Vayal you are joking"
! "Not at all. had my ovcrcoat stolen, and IN
moment of consummate folly told the police
Fortunately the thief never was discovered. HAD
/ he been cauoht, the time should have been COM
nelied to spend hanging about courtroom would
/ have been worth to me more than two oVercoatS'
! | cannot give the rest OF our conversation.
own that utterly failed to make the priest under
stand the superiority of our system to thers-such
is preiudice. The most degraded of our popula-
ton at home can see it at once Phi. Saturday
| Eve. Post
Men of One Idea.
A.