New-York tribune., 1901-03-03

limits Of those provinces. respectively In Havana
the Audiencia holds court for civil and an
other for criminal cases. The for criminal
cases is composed OF president and Ave associate
justices. and "a divided into sections. one of
which Is presided by the president and the
other by the senior associate justice. The fscavs
office which is a part of the Audiencia, is COM
posed OF a fiscal. assistant fiscal and five deputy
fscas. There the usual subordinate employees
Of a criminal court-a clerk. dOOrkeeper. bailifrs,
Iaborers. etc. All the Audiencias have the
rank, and their respective functiOnaries all
receive the same compensation II for any reason
more OF the judges should be prevented
from sitting, and the number remaining is in
sufficient decide the case their places filed
nv substitute judges All the officers of the Audi
encits, with the exception OF subordinate
ployes. are appointed by General Wood the
recommendation Of the Secretary OF Justice
The which is Investigating the charges
against Nicely is the Court Of First Instance and
instruction Of the Cathedral District of Havana,
under Judge Barrinaga Neey will be indicted by
this court. on account of the number of post
Office cases and of their Importance and also of
the time which will be required to try them. Cen
era Wood has, upon the recommendation of Sec
retary Of Justice Gener. called special session
Of the Audlencia Of Havana to hear and determine
the Dostotice cases. The court is composed of
Sehor Adolfo PIazoIa Cotilla, president Of the
Audienca of Matanzas; Senor Jose Cabarrocas
Horta. president Of the Audiencia of Pinar del
Rio; Senior Manuel Jaime. Associate Justice OF the
Audienca Of Havana. and the president of the
AudencIa of Havana. SenOr Arturo He, ia Diaz.
Judge Of First Instance and Instruction of the
Eastern District Of Havana, has been appointed
assistant fiscal aid in the trial of the cases.
Horatio s Rubens and Lucus Q. G. Lamar, of
New-York special COUNSEL for the government
In the preparation of the eases for trial Neely is
represented by Senor Miguel Viondi, a distin-
guished Cuban lawyer.
PROCEEDINGS IN CRIMINAL TRIALS
1t is sometimes asserted by persons who have
little acquaintance with the Spanish law that the
proceedings in criminal trials secret and that
the prisoner does not know who his accusers are
or what the witnesses have testified against him.
Such is not the case in Cuba Here the trial is
open and public; the prisoner knows who his ac-
cusers are. and what the witnesses have testified
against him.
When person is charged with a serious GRIM
inal offence, such the embezzlernent of public
funds, his trial is divided into two stages. The
first stage consists of a full preliminary investga-
tion, usually carried on by the Judge of First In
stance, the public prosecutor and the clerk of the
court II necessary. they go to the place where
the crime was committed and make a thorough
Investigation
The preliminary investigation called sumario
strongly resembles the investigation by grand juries
the United states. although in The preliminary
investigation the accused may he present and may
know what occurs. Grand juries in the United
States are accustomed to hear testimony without
permitting the accused TO he present or TO know
what occurs; and If in their Judgment there is
SufnClent
thereafter a trial be"ins in open court. In Cuba
the Judge of First Instance the public prosecutor
fiscal and the court clerk eScTibano, con-
stituta tha grand jury. If result Of their
investigation no case is made out the prisoner
goes free. If a should he made out, ne is
indicted and thereafter tried by the next higher
court The trial does take place before the
Judge who conducts the preliminary Investigation
but this Judge refers the whole record of the pro-
Ceedings the next higher court or Audiencia for
a public trial Here the prisoner Is again faced
with mis- accISer. confronted by the witnesses and
provided with competent attorney to defend him.
If he is poor employ an attorney the court
As part of the summarize or preliminary in
VestigatOn, all the testimony is presented the
accused Tor his examination and the right is given
him to croSs-eXamine the witnesses who have D.
Deared against him In the Cuban law of criminal
procedure the croSS-eNamination is Known
sonally confronted with the witness in the pres
OF the judge for the purpose of crOss-examin-
ing him. The proceedings In the Neely case will
be substantially the same If he tried in
the United states. When his is actually
called for trial in the criminal Audiencia he and
his counsel viii nave full information of all that
has been done, and Will have had and will still
have every opportunity refute it, either bv
presenting the prisoners own witnesses or nv
cross-examining such witnesses as have been pre-
sented by the other side or called by the Judge.
The practice in the Cuban courts is TO take down
In writing the testimony OF the witnesses. StenOg
raphers or court reporters generally en-
plOyed In these postOffce cases, on account
OF their Importance. II may be considered wise TO
have the proceedings stenOgraphcally reported
In cases where official StenOgraphers not en-
piOyed the testimony Is usually taken down in
them and also by the judge, in order TO prove