Progressive Chile

by Robert E. Mansfield

When the time expires, the plaintiff is given the papers for ten days for him to sum up the case in writing, and then ten days are given to the defendant for the same purpose. The judge then makes it known to the parties that he is going to pronounce sentence, which he is supposed to do within sixty days according to law. This is not always carried out according to the intent, however.

On appeal, in the upper court, the plaintiff presents a complaint and the defendant an answer, and a day is set for the case to be heard. Then the lawyers plead, after which comes the final sentence, from which there is no appeal, although possibly a petition for nullification, to be heard before the Supreme Court, may be presented.

In criminal cases there comes first the secret proceedings, or “sumario,” of which the accused has no cognizance till the judge has exhausted his means of investigation. So the evidence does not prove the existence of a crime and does not tend to fix it upon the accused. The case is either marked “sobresimiento” or else, when there are not enough proofs against the accused, he is “absuelto de la instancia” (absolved in this instance). Should there be proofs against the accused, the public prosecutor accuses (unless it is a private case, when of course the interested party does so). The accused answers, and proofs are received for a given number of days at the judge’s discretion (not above thirty). The hearing of the procedure is secret. Witnesses declare before the judge and alone, according to questions formulated in writing by the accused (if they are his witnesses). Proofs are likewise received at the same time in regard to the ability of the witnesses to act as such. When sentence is pronounced, whether an appeal is made or not, the case goes to the Court of Appeals for final decision,—final unless nullification of the decision is asked for, when it goes to the Supreme Court.

CRIME

Drink is the primary cause of much of the crime committed in Chile. It is in the despachos and roadhouses that secrets are divulged, confidences exchanged and robberies planned. There peons and inquilinos employed on farms and large haciendas reveal to the thieves, with whom they are often on friendly terms, the plans of their master’s properties, private roads, where animals are pastured, means of gaining entrance into houses, when sales of stock were made, the amount of money received and where it is kept. A robbery is proposed to the intoxicated servants, who readily acquiesce, more out of drunken gratitude for the liquor furnished by the thieves, than any motive of crime or gain. They are often induced to act as guides in directing the bandits to the home of their master. In this manner the cunning thieves protect themselves by making a shield of the servants, claiming in the event of detection before an assault is made, that they were only accompanying their friends home. When the house is reached one of the robbers goes to the door and raps. When the summons is answered he invents some plausible story of friendship, to induce those within to admit him. If refused he pleads that it be opened far enough to enable the persons addressed to recognize him. If the door is opened the robbers rush in, usually firing several shots in the house to terrify the inmates. Once inside no resistance is made to their helping themselves and pillaging the place, as the people know too well the cruel and heartless nature of the roto bandit. In the meantime the servants who piloted the marauders to the house have gone to their respective huts, as nothing could induce them to commit an assault upon their master’s house; neither do they share in the benefits of the robbery.

When satisfied that they have secured all the money in the house, and helped themselves to such food, drink, clothing or riding equipment as they may find and fancy, the robbers leave, threatening to return and murder the entire family, if an attempt is made to identify and punish them.

Bandits have private roads, usually on the higher ranges of hills, and as far as possible from the main thoroughfares. These bridle paths are much used at night, and if closed by a fence, are at once reopened. The men who infest these secret by-ways leading out from main traveled highways, and from one community to another, cannot be considered brave. They usually depend upon superior numbers, or the non-resident character of their victims, aided by cunning and diplomatic deceit. In self-defense, to avoid arrest or to secure their freedom, they will fight desperately, and without regard for life.

Many well-to-do people find it convenient to recognize this lawless class, for the reason that life and property are much more secure to friends of the bandits than is the case with those who seek to rid the country of their presence.

Land Owners Nos. 2 and 3 are usually the victims of these robbers. They seldom attack the residences on the large haciendas, confining their depredations in such places to the stealing of animals, or robbing their victims from big estates, on the roads. Another reason is that the houses on the haciendas are more strongly built and better arranged for resisting attacks. Then there are numerous servants about the house, some of whom are always on guard, and savage dogs roam about the gardens and grounds at night. The hacendado and his employés are usually well armed and know how to use their weapons. The windows of the fine country residences are protected with heavy iron bars. The doors of these houses are never opened after the family retires at night until the following morning, and the buildings are so well constructed that it is not an easy matter to gain admittance by force. Another reason why thieves seldom molest the hacendados in their homes is the fact that it would take too large a party to surround the house and guard it.

These freebooters are a part of every rural district in Chile. They generally own houses and small tracts of land which serve as a blind to their real occupation. Those who do not own property are protected and sheltered by those who do. As cattle thieves they have no rivals. They will go into the “potreros” of a farm at night, drive the animals into a “quebrada” (wooded ravine), where they kill and skin them and pack the meat into sacks prepared for the purpose. With a sack of meat behind each saddle and the skin of an animal in front, the robbers mount their horses and ride away. When day dawns they are leagues away from the scene of their depredations, and have disposed of their spoils for cash. They then seek some secluded spot where they spend the day sleeping, and resting their horses. There is no lack of “fences” and “underground systems,” where the bandits can readily dispose of their plunder. When seen at their humble homes these night marauders present the appearance of hard working, law abiding citizens, and any one of them can promptly prove that he has not been absent from home for many weeks. There is no means of procuring evidence against them, as they can secure as many witnesses as they desire in their defense. And it is impossible to get any damaging information from their families, even from the smallest children. No one can confess them; they are trained from infancy to observe discreet silence or give misleading information. Threats or punishment are of no avail.