Page:The Green Bag (1889–1914), Volume 19.pdf/570

 THE BARILLAS CASE declarations; for, as you will remember, you began by denying your name. Morales: Yes, sir, because Bernado told me to. The Judge then cites at some length certain "hearsay" testimony from the record in regard to the plan to kill General Barillas and General Toledo, pointing out contra dictions between the preliminary decla rations of Morales and Mora; Morales denied them: "No, Seflor." Presidente: "But Sf, Seflor; I did not invent it. Without doubt, you have studied the declarations which you had to make before the authorities." Asked by the Judge whether he had ever before killed anyone in Guatemala, Morales replied that he had not. "But you alone say it," retorted the Judge. "Bernado can say it also," replied the prisoner, with quite a show of spirit, varying the monotony of his tone. After some further questioning by the Judge, in regard to Morales' connections and actions in Guatemala, in which it appeared that persons "higher up" insti gated and paid for the crime, the Judge ended his examination. It was at once taken up by Lie. Jose' Maria Lozano, on the part of the Ministerio Publico, who began with the warning that the witness should speak the truth and accurately; and then with vigorous and skilfully directed volleys of adroit questions led the defendant into statements, that he had accepted the proposition to go to Mexico and kill General Barillas because he was angry with him for having destroyed the cantina five years before; that he did so out of hatred and because he had not been paid for the loss of the cantina; also that he did the killing because he feared Mora and the persons who were behind him, some " high personage of Guatemala, a minister, a general, or someone of that sort. " Finally, that he did it because he feared for what might befall his family in Guatemala if he should

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refuse. "Well, that is entirely new," exclaimed the Ministerio Publica, " never before during the instruction have you said that you acted on account of threats nor from fear of Mora!" The Ministerio Publico finally bowing to the Judge said "Nothing more;" and immediately the Lie. Rodolfo Reyes, repre sentative of the Parte Civil, the Adonis of the Mexican Bar, lighting a fresh cigarette, bowed to the Judge in sign of leave to speak, took up the cudgel, and belabored the witness vigorously : Reyes: When you saw General Barillas, did he give you any money? Morales: I said that one time he gave me five dollars; but that is a lie. Reyes: Do you think you are defending yourself by saying that he gave you money? Morales: I do not know why I said that foolishness. Reyes: Tell the truth! Morales: It is not so! Reyes: Why did you give several wounds to General Barillas? Were you afraid that the weapon with which you attacked him was not sufficient to kill him? Morales: I, — I saw myself governed by that knife! Bernado told me that I must give him several blows with it, otherwise. he may not die. Reyes: Why did you sharpen the knife? Morales: I sharpened it so that it would enter well! After several interchanges of questioning between the Judge, the Ministerio Publico, and the Parte Civil, which resulted in no new developments, the prosecution rested; whereupon Morales was turned over to his own defender and that of Mora, both of whom questioned him in a desultory manner, eliciting nothing that had not before been stated. At this point, twelve o'clock noon having struck, the Court took a recess until three-thirty in the after noon. When the Judge Presidente's bell sounded at 3:30 and he declared the session open,