Page:The Green Bag (1889–1914), Volume 19.pdf/573

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538 again during the morning session of the next day, various witnesses were produced, sworn to say the truth, and gave their testi mony. This was, however, necessarily of very minor interest or importance, as the guilt of both defendants was self-confessed or sufficiently established from their own testimony. During the evidence of each witness there were frequent careos with one or the other defendant, who were called on to admit or deny what the witnesses testi fied to; and usually the admissions were freely made, although there were several sharp controversies, during which Judge or counsel would admonish the defendant to cease telling lies and speak the truth. One or two witnesses for the prosecution, who had been summoned, did not put in their appearance, and the Secretary, at the order of the Judge, as a matter of course, read the testimony of these witnesses from the record of the instruction. It may be observed, that as these declarations at the instruction are made in the presence of the defendant, subject to careo and crossexamination, and under practically the same conditions as if made in open court, they are not altogether objectionable as evidence. At about noon the court took a recess until three-thirty. When the afternoon session was declared opened, Lie. Jos6 M. Sayago, one of the counsel for the defense, arose and in the name of the corps of defenders, registered their protests against certain conduct during the trial; these related to the failure of several of the wit nesses to appear, and the reading of their evidence from the record, the failure of Lie. Reyes to be duly accredited as representa tive of the Parte Civil, and that the careos had not been conducted according to law. The Judge ordered that the protests be noted of record, and that the trial proceed. The Judge directed the Secretary to read the record of the instruction. The Ministerio Publico asked, in order not to weary

the gentlemen of the jury, that only such parts be read as they had not heard testified to orally, " except the declarations of Morales and Mora, which should be read so that the jury might know the constant falsehoods into which they had run for the purpose of deceiving justice." There being no objec tion to this suggestion, it was followed; the certificate of the autopsy of the deceased General was also read from the record. At the request of the Ministerio Publico, the dagger with which Morales murdered Gen eral Barillas was exhibited to the jury. This ended the evidence. Before argu ments began, the Judge ordered the Secre tary to read aloud to the public the section of the Code of Penal Procedure in regard to the behavior of the public during trials, and declared that no manifestations of either approval or disapproval should be made by any person. The Agente del Ministerio Publico, Lie. Jose" Maria Lozano, at once opened the arguments to the jury with an eloquent and forceful address in which he reviewed all the incidents of the political crime, and closed with an appeal for the jury to do its solemn duty by condemning the assassins. "This," he exclaimed, as he left the tribune, " is what Mexico expects of you, with Mexico, the Republic, and with the Republic . . . the Universe!" Lie. Rodolfo Reyes, on behalf of the Parte Civil, then ascended the tribune and delivered a brilliant oration, which was received with frequent bursts of applause from the audience, notwithstanding the warning bell of the Judge President. At its close a recess of five minutes was declared, " to relieve the fatigue of the jury," during which the two orators held a veritable reception and received a hearty ovation and handshaking. This ended, Lie. Don Augustin Arroyo de Anda, the leader of the ex officio defenders of the accused, arose; he would undertake no argument, he said, but would ask to make