If a person catches a man in the act of robbing his house or his
property and takes the thief into custody, his evidence will not be
sufficient to convict the robber. He must have two witnesses who
saw the thief in the act. The evidence of members of his family,
or of servants employed by him will not be admitted. The burden of
proof rests with the prosecutor, and not with the accused. The slow
operation of the law is also responsible for a lack of the enforcement
of statutory provisions. There are so many delays and difficulties
incident to securing the conviction of a criminal, that honest people
frequently refuse to follow to a conclusion cases in which they are
personally interested.
When convicted and sent to prison, the fact has no detrimental effect
upon the social standing of the convict in the community in which
he lives. Like a horse that has made a record upon the turf, his
performances furnish a fruitful topic of conversation to his friends,
the details of which are discussed with animated interest. When
released from prison, and he returns home, which is invariably the
case, the convict becomes the hero of the community. There is no shame
or disgrace connected with his imprisonment. The question of treatment,
the quality and quantity of beans served in the prison fare, are
discussed as if they were common phases of everyday life.
If a thief is killed and his friends and accomplices secure possession
of the body, which they invariably try to do, the skin is cut from
the face of the corpse, and all clothing removed from the body. These
precautions are taken for the purpose of preventing identification.
It was once a common custom, and still prevails to some extent in the
rural provinces, to liquidate the crime of a wound or even murder
by cash payment. It is claimed that the law is slow of execution,
expensive and unsatisfactory, giving nothing to the victim or his
family. If a poor man is killed, the assassin or his representatives
will settle the affair for a few dollars, sometimes not more than five
or ten dollars. If a man of means and social standing in the community
meets a violent death, the price is from twenty-five to fifty pesos.
These liquidations in former times were not private. Public interest
was often aroused and the neighbors entered into the negotiations to
see that a fair price was paid. If a person was stabbed a few times it
was not considered of sufficient importance to require a money payment;
a few drinks canceled the account for damages.
So notorious has become the commission of crime, in recent years,
that _El Mercurio_, the most widely circulated and influential paper
in the country devoted much space to the subject a few years ago. The
following is an extract and translation from an article appearing in
that journal in February, 1903:
Public-domain text, read in full here on John Shaqi.
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