Brazil and La Plata: The personal record of a cruise

by C. S. Stewart

The recent trial of a foreigner on a charge of murder, gave me an opportunity of observing the process in the criminal court. The preliminary measures after an arrest for crime, are somewhat similar to those which are taken in like cases, before a magistrate at home. The party is arraigned and verbally examined by the subdelegado, or justice of the district in which the crime charged has been committed. This examination is reduced to writing. The accused is asked his age, his business, and other questions, more or less varied and minute, at the discretion and pleasure of the justice. He is not compelled to answer, but his silence may lead to unfavorable inferences against him. After the examination of the prisoner himself, witnesses are examined. If these are foreigners, the official translator of the government attends, to translate the answers, all of which are written down by the clerk. The witnesses are sworn on the Evangelists, the open hand being placed on the book, but this is not kissed as with us. One custom struck me favorably, in comparison with the business-like and mere matter of form mode of administering an oath in courts at home. In every instance here, all rise—court, officers, bar and spectators, and stand during the ceremony. All rise, too, and stand while the jury retires.

After the preliminary examination is completed, the magistrate decides whether or not the accused shall be held for trial; and submits the papers with his decision to a superior officer, who usually confirms it, and the accused is imprisoned, or released on bail.

It is only in criminal cases that a jury forms a part of the judicial administration. As with us, it consists of twelve men. Forty-eight are summoned for the term; and the panel for each trial is selected by lot, the names being drawn by a boy, who hands the paper to the presiding judge. In capital cases, challenges are allowed, without the demand of cause. The jury being sworn and empanelled, the prisoner is again examined by the judge, sometimes at great length and with great minuteness, not only as to his acts, but to his motives. The record of the former proceedings, including all the testimony, is then read. If either party desire, the witnesses may be again examined, if present, but they are not bound over, as with us, to appear at the trial. Hence the examination of the accused and of the witnesses at the preliminary process, is very important and material. In many instances, the case is tried and determined entirely upon the record, as it comes up.

After reading the record, the government introduces such witnesses as it sees fit, and the prosecuting officer addresses the jury. The defendant then introduces his witnesses, and his advocate addresses the jury, sometimes at considerable length. The prosecuting attorney, if he desires it again, speaks in reply; and sometimes the argument becomes rather colloquial and tart, the questions and answers being bandied rather sharply.

The judge charges the jury briefly, and gives them a series of questions in writing, to be answered on the return of the verdict. The decision of the case is by majority—unanimity not being required, even in criminal cases. The questions put by the judge relate not merely to acts, but to motives, character, and other things, which may extenuate or aggravate the offence and sentence, and cover usually the whole case in all direct and remote accessories. A case begun, is always finished without an adjournment of the court, though it should continue through the day and entire night.

In the arrangement of the court-room, the judge with his clerk sits on one side, and the prosecuting officer on the other; the jury at semi-circular tables on either side. Two tribunes are erected, one at the end of each table, for the lawyers engaged in the case; these usually address the jury sitting. The lawyers not engaged in the suit in hand, are accommodated in a kind of pew, under the gallery, which a stranger would be likely, at first, to take for the criminal’s box or bar.

Public executions very seldom occur. There seems to be a repugnance to the taking of human life, if there is any possible chance to substitute imprisonment for life, or a term of years. Every point of excuse or mitigation is seized upon. One cannot wonder at this, when he regards the mode of capital punishment, the barbarous and revolting one of Portugal and Spain—a relic of barbarism, in which the condemned is ordered up a ladder under the gallows, and then forced to jump off, when another man immediately ascending, mounts the shoulders of the poor wretch, and jumps up and down upon him, with his hand over his mouth till he is dead. Those who have witnessed it, represent it as a most awful and revolting spectacle. This executioner is usually a criminal condemned himself to death, who is allowed to live by agreeing to perform the savage act when required. The old Portuguese custom of gratifying every wish of the condemned, as to food and clothing, is still retained; and for the twenty-four hours preceding his execution, the poorest black slave can order whatever in these respects his fancy dictates: segars, and wine, and luxuries of every kind are at his command.

Montevideo.

January 30th.—Intelligence from the Plata led to the return of the Congress to this place, on the 24th inst. Mr. Schenck, American Minister at the court of Brazil, came passenger with us, as the guest of Commodore McKeever.

During the three months of our absence, public interest, in political and military affairs, has been gradually centering at Buenos Ayres. The siege of Montevideo being raised, and the Argentine troops which had so long invested her having become part and parcel of the army of Urquiza, and been withdrawn by him to the territory of which he is captain-general, preparations have been in gradual process for a demonstration against Rosas, by the combined forces of Entre Rios and Brazil. Aware of this, every effort has been made by the wary Dictator, to rally his partisans, to give fresh force to the prestige of his name, and to excite the popular feeling in his favor. To aid in this, all the winning power of his accomplished daughter, has been brought forward. To afford better room for its exercise, a public ball of great magnificence was given at the new opera-house in Buenos Ayres. At this, Doña Manuelita held a kind of court; and, after having received throughout its course the homage of a queen, was, at its close, drawn in a triumphal car, by the young men of the city, to the governmental mansion. New levies of troops had been raised and drilled, and the whole city and country placed under martial law.