The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-04-18
THE CARNIVAL IN CUBA.
How the Havanese Babe Farewell to the
Flesh and Went Into Lent.
Judicial Procedure in the Courts of Cuba
General Discomfort with the System
The Climate of the Island

the Sunday following our arrival. All day mask
ers were passing through the streets on foot and
in carriages. About P. NJ. the great procession
began on the Prado We secured favorable seats
tchairs rented at cents apiece) in the small
park in front of Tacon Theater and saw the
two lines of carriages, cabs, and men ard ladies
on horseback, which moved in each direction
along that beautiful thoroughfare. Clowns and
soldiers, and bandits, and priests, and dominos
and all sorts of nondescript costumes men ges
ticulating and ladies waving their fans and
handkerchiefs The occasion was utilized in
true American fashion for advertising purposes
by wagons with flaming advertisements and
colossal figures, showing forth the merits of
various wares. A great ship came by on wheels.
One wagon informed us that columbus dscov
cred Cuba that there might be ball at the
Tacon Theater tonight" When pretty cos
tune appeared or a fine rider on a prancing
horse. great shouts went up from the crowd.
Everybody was laughing and seemed to enjoy
it immensely. but the best of order
prevailed When we returned to the
hotel and saw this weird scene at a greater
distance, from the balcony of our
rooms. the effec. was peculiarly pleasing.
I visited the Real Audienca, or royal court, in
company with Mr.. Han Cisneros. one of the
most prominent gentlemen of the bar at Ha-
vana-a man who during the civil war. had
been condemned to death for completely with
the rebellion, and who had spent ten years In
exile in New York. and returned only after the
amnesty which followed the close Of the war.
The courthouse is large. fine building, but
much the same in appearance as the business
houses and the largest private dwellings, name
ly, a hollow square, with patio or courtyard
in the middle, surrounded by balconies and halls,
upon which the various court-rooms open.
These are much smaller than our own court
rooms, but are elegantly fitted up, and there is
an oil painting of the King just back of the
bench where the judges sit. We first visited
the Criminal Court When we entered we saw
scene which looked strange enough to one
accustomed to the Anglo-Saxon trial, with jury,
witnesses, lawyers, prisoner and spectators. A
criminal trial here seems to be quite private
affair." The prisoner was not present, nor
were there any lawyers, jury or wit
uesses. Nobody was in the room except
the three judges, who constituted tho court
and the secretary, officer corresponding to
our clerk This latter official was sitting at a
table in front Of the three judges, reading some
documents aloud to them After a while the
reading ceased little bell rang and we were
obliged to walk out leaving them alone. After
a few minutes the bell rang again, the door OF
the courtroom was re-opened. the reading was
again commenced and continued for some little
time Then it stopped again. the bell rang aud
we again marched out, to be again admitted
few minutes later. l asked Mr.. Cisreros what
this all meant, and he informed me that the
court was engaged in hearing and deciding
criminal causes. That the paper read by the
secretary was the ''sumario" or summary of the
evidence which is all taken in private and re-
duced to writing before the trial Where the
sentence cannot exceed five years, the cause is
heard by three judges; where it may exceed that
time the court consists of five judges There is
no jury. A lawyer or 'abogado" may appear in
behalf of the accused, but it is not necessary
that ne should be represented by coun-
sell Mr.. Cineros afterward introduced
me to one of the officers of the 'Fiscal"
bureau corresponding with our Department of
Justice, combining the duties of prosecuting at
torney and attorney general. This gentleman
explained to me more fully the working of Span
sh criminal practice The charge is first made
TO Judge of "Primera Instancia. subordinate
magistrate whose decision is merely provisional
All the proceedings including the examination
of the witnesses, are secret, until the testimony
in behalf of the state is all taken. This first
hearing is not had at any court of justice, but
simply at the residence of the magistrate. AT
ter the states evidence is taken and reduced TO
writing, it is shown TO the accused. He may
then have the assistance of lawyer, and he
may ask that the witnesses against him be re-
quired to confirm their testimony in his pres
ence, and he may examine them himself If he
desires. was told, however that lawyers were
not present at the examination of the witnesses,
which were taken, not by the magistrate, but by
another officer, whose special duty it was to
take such examinations Upon the written evil
dence thus taken the subordinate magistrate
renders his decision. either acquitting
the accused or imposing sentence correspond
ing with the offense of which he is convicted
This judgment, however, is not final in any
case. The ''sumaro" must be sent to the Real
Audiences and read to them by the secretary
This was the proceeding we had just witnessed,
and it seems to be the only one to which the
general public are admitted The royal court
may confirm the judgment of the subordinate
magistrate, or may change 1t entirely. They
may acquit man who has been convicted, may
increase or diminish the sentence, may con-
Wet and sentence one who has been acquitted by
the court below. The Fiscal or Attorney gen
eral is the adviser of the court in this proceed
ing, but neither the Fiscal nor the defendants
counsel, nor the court, see any of the witnesses
nor do they have any knowledge of the testi-
mony except from the written 'sumarion It is
easy to see that under such system the duties
of the lawyers are greatly abridged 1t is also
easy to see what monstrous abuses can creep in
where the men appointed to take the evidence
incompetent inscriptions. The Attor-
ney general, with whom / conversed, informed
me that where prima facie case was made out
by the state in the secret investigation, the
would generally stick which is thing
quite at variance with our experience under
Anglo-Saxon methods
All the lawyers with whom Iconversed seemed
to think that the Spanish procedure was q very
bad one 1t would seem certain that many inno-
cent men, prosecuted from spite, would probably
be convicted, and the Attorney general assured
that great many guilty men escaped
through lack Of ability or diligence in making
out the prima facie case, the prosecuting officers
themselves having no access to the witnesses.
Certainly the system does not succeed in sup
pressing crime in Havana as we'll as our own
methods The judges are all appointed by the
government at Madrid, and are Spaniards.
Cubans are very seldom appointed to any Office
Still. the gentleman with whom conversed was
aCuban In all capital cases appeal lies in the
Court of Cessation. at Madrid. Sentences of
death are. however, extremely rare The av
erage punishment in cases of homicide is inn