The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1899-10-08
Criminal Law in Cuba.

law ttt VI 10
Among the problems that await solu-
ton in the new order of things in Cuba.
not the least in Importance is the Qucs-
ton Of criminal Jurisprudence. That the
substitution of the Anglo-Saxon system
for that heretofore in vogue there is not
looked upon with favor by the Havana
bar. is pretty well known by this time.
and careful study of the question leads
to the conclusion that it viii be some
time yet before the problem Is solved.
An American in Havana writes: As
there are two sides TO every question, so
with this, and it has been no easy task
to obtain disinterested opinions on both,
which. at the same time. would be en-
titled TO weight. In this instance the case
for the plaintiff is presented by a Vene-
zuelan lawyer OF ripe years and mature
judgment. Educated in Madrid and
Paris, and long resident of the United
States, he has practiced in the courts Of
his own country and Mexico. and his
standing here is high II his language
should be deemed Incorporate at times.
all there IS to be said about II is that his
expressions are milk and water compared
to those of the average Cuban lawyer on
the same subject. Following is the gist
of several conversations with him:
II Is unfortunate lot NguOd al THIS time
that not one American lawyer in thou
sand understands the Latin system of
criminal jurisprudence. The opinions of
bench and bar on the Dreyfus case as
published in the American press. are.
think, sufficient proof of this assertion.
Were It otherwise. you may be assured
that no such subversion of the laws OF
the land would ever have been contem-
plated. much less put in force during the
military occupation Of the country. 1t is
to every legal mind throughout the Latin
American world the substitution Of brute
force for justice. The insensate talk by
temporary residents OF the country of
the horrors of the incommunlcado sys-
tenn IS largely responsible for the pres
ent state of affairs. l would that the
American people understood just what
incommunicado' really is Founded upon
all that is best in the laws OF ancient
Rome, so codified by Justinian, it is part
Of the system used today by all civilized
nations outside of Great Britain and the
United States of America. If I were ask
ed to define its virtues In a few words,
should use the famous saying of Gen.
Grant, Let no guilty man escape
"A man accused of crime under our
laws is arrested and detained in prison.
He Is not permitted to place himself in
communication with others and contrive
some scheme by which he may defeat
the ends of justice. This is the famous
incommunicado' about which such a
pother has been made. There are two
stages in the trial. In both all testimony
is taken down in writing There Is no
need in the first stage of his trial for the
accused to know of what the testimony
Of his accusers consists, or even for him
to know the crime with which he is
charged.
"a great ado has been made in the
United States and by misinformed per-
sons here because the proceedings Of the
first stage of a prisoners trial are held
in secret. The answer to this Is that the
practice has been sanctioned by custom.
which Is stronger than any law, and that
it has always been found to work well.
Besides. the second stage of the trial is
public. and all the proceedings Of the
first are then made known. There must
be some secrecy about the process of as
certaining the guilt or innocence OF the
accused. as is borne out by the manner
of conducting affairs in your own grand
jury system.
81 have studied the Anglo-Saxon GRIM
fnal laws. and I have no hesitation what
ever in saying that ours are in every
way superior to them in accomplishing
the ends Of justice. In my mind Ihe
Tipest fruit of your system is the court
presided over by Judge Lynch. No such
revolving crimes committed in the name
OF justice have ever been perpetrated in
any country ruled by Roman law as the
lynchings which occur so frequently in
your highly civilized United States.
again, it is a matter of common know
ledge that murderers caught red-hand-
ed, who have escaped conviction through
some technicality or because of some elo-
quent advocates appeal to the feelings of
the jury, are common all over your coun-
try. It is not so with US. 1t Is not to be
supposed that with these glaring defects
Cuban lawyers will submit without pro-
test to the abrogation of the laws under
which justice has been administered since
the country has been first settled. Mill
tary law is paramount here now. and un-
til it IS superseded by some form of civil
government. chaos will reign. But the
time will come when the old order of
things will return, and. meanwhile, the
legal fraternity have adopted the doc
trine of passive resistance"
The other side-the case for the defense
is presented by a distinguished American
jurist temporarily sojourning here, who
has had excellent opportunities for study
ing the laws of the country and has
awaited himself Of his privileges
He says: THE two systems of proce-
dure in criminal cases are so utterly diff
ferent that any comparison between them
is a matter Of difficulty. Comparing
great things with small, It might be said
that the difference is something like that
which exists in the dishes OF the two
countries. I have a prejudice in favor OF
American cooking, which same cooking
am entirely willing 10 believe would be
repugnant to the Spanish-American pal
ate for the simple reason that their cUl-
mary efforts have no charm for me-
TN the same way I am reluctantly
compelled to say that after careful study
I can find nothing in the Roman system
of criminal Jurisprudence 70 admire. !
have tried to divert myself OF prejudice
fin this matter and bring 10 the work an
impartial mind, But the result has not
been satisfactory TO me. II is a difficult
task for one educated under our system
to see any good in something which IL
the exact opposite They seem 10 have
little or no regard for the rights or the
individual Trial by jury is unknown
mere A man is arrested. thrown into
prison. kept in solitary confinement dur
ing shorter or longer period. Is secret
Is examined by = judge whose sole duty
seems to be to convict. and Is not even
allowed the privilege of counsel until his
public trial which takes place az the
pleasure Of the Judge 1t should be IN
derstood that this is not Spanish out
rage on Cuba on the contrary the same
a..s+s-o "a IN vnRTie in ali I.atfn-Ame Tican
countries. Such thing permitting
urtsoner % be released on bali IS. %
course. unknown. and the habeas-c9rDus
act has no place in their code. The de-
fects IN their system from our point q
.-a.-.- "a rr.rr ard graf