Spanish Prisons: The Inquisition at Home and Abroad, Prisons Past and PresentGriffiths, Arthur
History
Spanish Prisons: The Inquisition at Home and Abroad, Prisons Past and Present
Griffiths, Arthur
Inquisition -- Spain; Prisons -- Spain -- History
It has been said that the worst use to which a man may be put is to
shut him up in a prison. A still more wasteful extravagance is to put
him out of the world. The penalties known to Spanish law have been
very various; there have been many forms of imprisonment, perpetual
imprisonment, greater or less detention, exile, the application of
fetters of several sorts, handcuffs, shackles, the _guarda amigo_ or
"holdfriend," the "persuader" or "come along with me"; the leg irons
and waist chains of varying weights. Penal labour was enforced in
_maniobras infimas_ by convicts chained together on public works,
fortifications, harbours and mines. All forms of secondary punishment
have been inflicted, winding up with capital, the death sentence
inflicting the extreme penalty of the law. This last irrevocable act
does not find favour with all Spanish legists, whose chief objection
is the familiar one that when a judicial error has been committed,
rectification is altogether impossible. Spain can add one to the many
well known cases such as those of Callas and Lesurques, and it may be
quoted here as it is probably little known.
The case occurred in Seville and grew out of a sudden quarrel in a
tavern followed by a fight to the death with knives. The combatants
went on the ground and attacked each other in the regular fashion when
one dropped to the ground mortally wounded and the other with his
second ran away. The wounded man's second went up to see whether his
principal was dying or already dead, when he got up and declared that
he was entirely unhurt. He had slipped upon a stone and fallen with
the obviously cowardly desire to escape from his antagonist's attack.
The second was furiously angry and rated his man soundly. He retorted
fiercely and another quarrel and another encounter ensued, also with
knives, in which the first man again fell and this time was killed
outright, by his own second, who at once made off. The body lay where
it had fallen until next morning, when the police found it. The story
of the original quarrel but nothing of the second had become known, and
it was naturally concluded that death had been inflicted by the first
combatant. On the face of it the evidence was conclusive against him,
and he did not attempt to deny the facts as they appeared when arrested
and put upon his trial. At that time the law treated homicide in a duel
as murder and the victim suffered the extreme penalty without protest,
believing himself to be guilty. The truth was never known, until the
real offender, years after, confessed the part he had played, but too
late of course to prevent the judicial murder of the innocent man.
This case has naturally been added to give weight to the many powerful
arguments against capital punishment.
Public-domain text, read in full here on John Shaqi.
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