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THE GREEN BAG

STUDY OF MEXICAN CRIMINAL PROCEDURE ILLUSTRATED IN THE BARILLAS CASE

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By Joseph Wheless Part II The principles of Mexican criminal procedure described in the first part of this article we will now see in full play in the most notable criminal process of modern Mexican annals. The crime of assassina tion was instigated, according to confes sions forced from the defendants, by high officials of the actual Guatemalan admin istration, one of whom, General Lima, was demanded in extradition by the Mexican Government, and the refusal of Guatemala to surrender him all but led to war with that country. The account of the trial which follows, with the incidents selected which serve best to illustrate the salient features of the Mexican procedure, are taken literally from verbatim reports of the trial appearing in the principal newspapers of the capital. Long before nine o'clock of the morning of June 4, the large patio of the Palacio Penal was crowded with an eager throng, fortu nate holders of the sealed tickets of admis sion, and unfortunates unprovided with this badge of privilege, who were hardly kept in order by the strong force of gendarmerie which did guard duty about the doors of the Sala de Audiencia. At 8:50 the great doors were thrown open, and in the expres sive words of a daily, the great crowd "avalanched itself " into the Sala de Debates of the 3rd Presidency. At 9:30 the Judge President of Debates, Lie. Jose' Saavedra,1 touched the silver bell upon his table, and declared the audiencia opened. The list of jurors drawn the day before was read by the secretary, and the names 1 In Spanish " Licenciado " is the title univer sally applied to a lawyer, by which, — " Senor Licenciado," — he is always addressed or spoken of, and which is always written prefixed to the name of lawyer and judge.

of nine actual jurors and two supernumer aries were selected by lot, neither party interposing any objection. As soon as this ceremony was over, the secretary read aloud the articles of the Code of Penal Procedure in regard to the organization of juries, and the qualifications, disabilities, and duties of jurors. The judge president then asked: "Have any of the gentlemen of the jury just drawn any legal impediment?" All remaining silent and indicating thereby that they were duly qualified for their duties, the oath required by the law was impressively administered to them, all the audience standing, and the tribunal of life and death was declared solemnly installed. The names of the witnesses were read, it appearing that several of those summoned were not present, but no objection was entered to proceeding with those present, who were "put under the rule" and con ducted to the witness room. The trial then opened in earnest. The secretary read aloud the conclusions of the Ministerio Publico, and of the defendants, which are expressed as follows: Accusation of Morales. 1. Florencio Morales is guilty of having taken the life of General Manuel Lisandro Barillas, by stabbing him. 2. General Barillas died immediately after having been wounded and, therefore, within the term of sixty days laid down by law. 3. His death was caused by the wound described on sheet forty-four of the certifi cate and which in itself directly brought about death. 4. After the post mortem examination of the corpse of General Barillas had been made by the experts they declared that the wound was mortal. 5. Morales intentionally wounded Gen