Western liberal. (Lordsburg, N.M.) 1887-1919, 1896-04-24
MEXICAN CRIMINAL LAW.



town of FL Paso as to legal methods in
criminal cases in Mexico. Much
needless irritation results that might
be obylated if Americans whose
friends get in hoe over the eriyer under
stood the cause Of delay. As matter
of fact the Mexicaus have well de-
fined laws and do not, nearly so much
as believed, act an caprice. The
judges and executive officers, on the
border at least, are generally well ed
ncated, polite and gcntlemanly.
Minister Romero has written a very
interesting article for the North
American Review, contrasting the
system of criminal procedure in the
United States with that Of his coun-
try. For a better understanding a
portion OF the article is here repro
duced, though 10 would repay all to
read the entire article, Of which the
following is an extract:
Under the Mexican system Of Grim
inal Jurisprudence all the preliminary
proceedings in criminal trial, such
as the examination of the accused, the
taking of testimony, etc, take place
before the judge who presides over
such proceedings without jury; when
this has been completed and the case
is ready to be submitted, the jury is
empanneled and the evidence is read
to it as set forth in the record already
formed; the prosecuting attorney then
presents the charges, the defense is
heard and the witnesses Of both par
ties are examined and ross-examined;
thereupon the jury renders its ver-
dict adjudging the accused either in
nocent or guilty, following suLstan
italy the practice under the common
law Of England and Of the United
States.
/ often hear asser ed in the United
States that the proceedings under the
Roman law are secret, and that the
accused does not know what the wit
nesses have testified against him.
This assertion is entirely incorrect,
and often leads to very grave misun-
derstandings.
According to the system in Mexico
every criminal trial is divided into
two stages, during the summary, which
is the FIRST, and the purpose OF which
is to ascertain the facts connected
with the case, the testimony against
the accused is taken down, sometimes
without his knowing who may be the
witnesses testifying against him, or
the crime with which be is charged.
During the plenary or second stage all
the proceedings Of the summary are
made known; AMI thereafter all the
proceedings are public, the accused
enjoying the same rights which would
be guaranteed to him by the common
law. To this latter statement may
be some slight exceptions, as, for in
stance, the fact that bail is allowed in
only few specified cases, determined
by law, and never when the person
may. upon conviction, be liable to
bodily punishment.
The secret proceedings of the sum-
mary are much criticised in the Uni'-
ed States, it being forgotten that the
English common law likewise provides
a secret proceeding very similar to the
summary. Before any one is indicted
in the United States the case is heard
secretly by grand jury, a body COM
posed Of persons who, ia some cases at
least, are secretly designated The
grand jury listens to such testimony
as is offered, or as IL may deem sum-
cient, without permitting the accused
to be present or to know what trans
plres, and if, in their mdg.me
there should be sufficient ground,
an indictment is found, and there
after the public trial begins before
the court.
So far, therefore, as proceeding un-
der one system may be said to cores
pond to proceed ng under the other,
1t may be said thai the summary, in
the countries where the Roman law
prevails. corresponds practically to a
grand jury Indictment in Anglo-Saxon
nations.
10 the Latin countries testimony Is
taken down in writing, and after be-
ing read to the witness is signed by
him in proof Of the fact that his state
ments have been correctly repoI ID.
1t gives degree certain TO the cor
.recthess Of the testimony which can
not be obtained by stenographic re-
Ninty Per Cent.
OF all the people need to take course
Of Hoods sarsaparilla at this season to
prevent that rundown and debiltat-
ed condition which invites disease.
The money invested in half dozen
bottles Of Hoods sarsaparilla will come
hack with LARGE returns In the health