The chiefs or other influential men who have been selected to aid each side in the settlement take a conspicuous part in the proceedings and help to influence the parties concerned to come to an understanding, but it can not be said that their word is paramount. The contestants' own relatives have more weight than anyone else. The procedure at a Manóbo arbitration may be likened to that of a jury when in retirement. Point after point is discussed, similitudes and allegories are brought up by each speaker until, after wearisome hours or days, the opinion of each side has been molded sufficiently to bring them into agreement. In one respect it differs from the jury method in that loud shouts and threats are made use of occasionally, proceeding either from natural vehemence or from a deliberate intention on one side to intimidate the other.
It is not good form for the defendant to yield readily. On the contrary, it is in accordance with Manóbo custom and character to yield with reluctance, feigned if not real. When a small pig is really considered a sufficient payment, a large one is demanded. When the pig is received and is really in conformity with the contract, defects are found in it--it is lean or sick or short or light in weight--in a word, it is depreciated in one way or another. The giver, on the contrary, exaggerates its value, descants on its size, length, form, and weight, tells of the exorbitant price he paid for it, reminds the receiver of the difficulty of procuring pigs at this season, and in general manifests his reluctance to part with it.
It must not be supposed that such actions and statements are believed at once. On the contrary, it is only after lengthy talks on each side that opinions are formed, an agreement entered into, a contract is drawn up, or reparation made. It is the identical case of stubborn jurymen.
In the settlement of these disputes much depends upon the glibness of tongue and on the sagacity of one or more of the principal men. For were it not for their skill in understanding the intricacies of the subject and in sidetracking irrelevant claims the disputes would be impossible of satisfactory arrangement. This will be understood more readily if it is borne in mind that outside of the reasonable facts of the case, counterclaims are made by the debtor or the accused party. These claims are sometimes of an extraordinary nature and date back to the time of his grandfather or other distant relative. Thus he may say that his opponent's great uncle owed his grandfather a human life and that this blood debt has never been paid nor revenge obtained. Such an affirmation as this will be corroborated by his relatives and they may immediately break out into menaces of vengeance. Again, he may aver that his opponent was reputed to have had a charm by which death might be caused, and that his son had died as a result of this use of evil magic powers. Whereupon the other vigorously repudiates the imputation and demands a slave in payment of the slander. It is only the popularity of the chief men, their reputation for fair dealing, their sagacity, and perhaps their relationship with the respective contestants that dispose of such side issues and bring about an amicable and satisfactory settlement.
It is customary for the one who loses to regale the assembly with a good meal. In Manóbo-land this latter is the great solace for all ills and the source of all friendship. So, when the question under dispute has been settled, the one who lost sends out and gets the pig and drink that have been brought for that purpose. When prepared, the food is set out on the floor, the guests are distributed in due order, and then begins one of those meals that must be witnessed in order to be understood. One feature of this feast is that the two former adversaries are seated together and vie with each other in reciprocating food and drink. As they warm up under the influence of the liquor they load large masses of food into each other's mouths, each with an arm around the other's neck.
Upon the following day, or perhaps that same day, the winner of the case reciprocates with another banquet. When that is finished, the other party may give another banquet and so they may continue, if their means permit, for many days. I assisted at one peacemaking in which the banqueting lasted for 10 successive days.
DETERMINATION OF GUILT
BY WITNESSES
The usual and natural method of determining the guilt of the accused is through the instrumentality of witnesses. They are questioned and requestioned at great length even if the defendant be not present. There seems to be no necessity for this procedure, for the defendant admits his guilt when brought face to face with the plaintiff or with the witnesses. The testimony of children is not only admissible but is considered conclusive. That of a woman testifying against a man for improper suggestions and acts is considered sufficient to convict him.