136 THE GOVERNMENT. 



after binding him hand and foot, proceeded to divide his stock in trade, and make free with his 

 edibles and wine more leisurely. This accomplished to their satisfaction, the question arose 

 how to dispose of his unimportant person one party being in favor of sticking a knife into 

 him; another for tying a stone about his neck, and tossing him into the river like a blind 

 kitten ; the third was of opinion that it would be safest to bury him alive, for the stain of 

 blood would be sure to betray them, or the body might be washed on shore, and in some man- 

 ner bear evidence of their guilt; whilst, if buried, there was an end of the matter. Pleasant 

 discussion this to the poor creature who sat by, listening. Finally, after dark, it was concluded 

 to secure a big stone to him, and then hold him under water until dead a measure they pro- 

 ceeded to execute with the utmost coolness and barbarity. Fortunately, as they trampled the 

 body under water, the rapid current of the river whirled it from under foot before life was 

 wholly extinct ; and by one of those providential results occurring in the existence of every 

 man, the peddler was freed from the stone at the same instant, and thrown on the shores of a 

 little island rather more than a hundred yards down the stream. There' was a ferryman residing 

 there, to whose rancho he proceeded as soon as sufficiently recovered from the ill treatment of 

 man and water ; but as the former had often to deal with desperate characters, he had become 

 suspicious, and would not readily grant admission to his castle at such hours. Convinced, 

 however, by the appearance of the half-drowned peddler, that his story was at least partially 

 true, a place of concealment was found at last ; for the trio had freely spoken of their intended 

 journey, and it was rightly judged they would soon arrive at the island. Fearing that their 

 victim might have escaped, for the purpose of satisfying their doubts in this locality, it was 

 determined to state that one of their number had been accidentally drowned. Completely 

 deceived by the feigned condolences of the old ferryman, and his assurances that no corpse had 

 as yet been washed ashore, they passed the night very quietly at his hut. Bright and early in 

 the morning, and before they were stirring, the peddler was assisted on his way to the next town 

 through which they were to pass, made his complaint before the judge, and, when the highway- 

 men made their appearance a little later, they were immediately taken into custody. Meanwhile, 

 it had been arranged, that in case no acknowledgment could be obtained, the intended victim 

 should be produced as evidence, under such circumstances as would startle them into a confes- 

 sion ; and to this end he was directed to hold himself ready in an adjoining room, dripping with 

 water, as though just from the river. And such was the course of the investigation. They 

 were no less indignant than grieved that poor and innocent men like themselves should be 

 charged with a murder so barbarous ; and even when the judge stated he would produce the 

 peddler, they were so confident that his body still lay beneath the waters of the Cachapual, they 

 persisted in entreaties that his honor would not teaze humble and well-meaning men like them- 

 selves. Finding they would not acknowledge the crime, the door between the two rooms was 

 thrown open, and there stood the peddler before them, bruised and dripping with water, as had 

 been agreed on evidence so sudden and unexpected, though threatened, that terror brought 

 immediate confession. 



There was sufficient evidence in the testimony of the accuser, corroborated by circumstantial 

 proofs of occurrences at the rancho of the ferryman, and the identity of the goods found on the 

 persons of the robbers, to have convicted these men, so that no actual injury was done them by 

 pressing a confession of the crime. But the principle involved is the same in all cases, and, as 

 far as could be ascertained, a similar course of examination is always followed. Therefore, 

 in a country where so many others of the old Spanish customs continue, it is well that the torture 

 has been prohibited. 



No person can be tried twice for the same offence, and, consequently, when a cause is once 

 decided, it cannot be again brought before a court. In criminal convictions, however, there is a 

 final appeal from the judgment of the supreme court to the Council of State, and there are con- 

 stant recommendations by the former for modifications of the sentences awarded by it under the 

 existing laws. Indeed, for certain crimes, there are no instances where the penalties of the 



