186 



INSTITUTE OF SOCIAL ANTHROPOLOGY PUBLICATION NO. 6 



LAW AND JUSTICE 



Drunkenness and fighting are the most com- 

 mon disputes which are settled in the local court. 

 More serious complaints usually quickly find 

 their way to a higher court in Patzcuaro. Set- 

 tlement, which usually involves a night in jail 

 and a small fine, depends upon the personalities 

 of the claimants and of the judges. Although the 

 presiding judge theoretically is in charge of dis- 

 putes the president himself may, and often does, 

 intervene to pass judgment. Most families try 

 to keep disputes out of court whenever possible, 

 because there is no way of being sure who will 

 be fined, and often both contestants are the 

 losers. A few cases will illustrate the workings 

 of justice. 



(1) A boy in Ojo de Agua was accused by a young 

 girl of being the father of her illegitimate child. 

 She asked that he be made to marry her. He was lock- 

 ed up for several days in the hope that he might be 

 persuaded to do so. He had, however, settled his 

 affections on another girl, and argued that he should 

 not be made to marry the mother of an illegitimate 

 child, since she obviously would make an unsatisfac- 

 tory wife. Case dismissed. 



(2) Wenceslao Pena was charged with collecting 

 money for Corpus Christi for the band furnished by 

 the rescalones. Upon receiving an offer of only $1 

 from Sacramento Marin, whicJi he considered too low 

 in view of the latter's wealth, he began to joke with 

 him. scoffing at his poor contribution. No more mon- 

 ey was forthcoming. The same evening, after the 

 festivities, Wenceslao encountered Sacramento and 

 again began to kid him about his "poverty." Sacra- 

 mento, who was drunk, pulled out a loaded revolver 

 and fired at Wenceslao five times. Four bullets went 

 wild, and the fifth entered the right elbow of the 

 victim, making a nasty wound. Sacramento was im- 

 mediately jailed by his cousin Eulalio, Agente del 

 Ministerio Publico, and fined $30. Eulalio also wish- 

 ed to jail Wenceslao for disturbing the peace, but 

 public outcry prevented his doing so. It was pointed 

 out that the jail was full of vermin, and that the in- 

 jured man needed medical attention. After treatment 

 in Patzcuaro, Wenceslao was subsequently fined SIO, 

 which to many people seemed unjust, but no action 

 was taken. There was no apparent thought that Sa- 

 cramento was a potentially dangerous man who ought 

 to be locked up for 20 years. He showed lack of 

 judgment, but, since Wenceslao was not killed, the 

 affair ranked as a minor fracas. 



(3) A local girl, now about 28, is known as "The 

 Volcano." Strikingly beautiful, she was married at 

 the age of 13 to a man about 40 years of age, who 

 after fathering one child died. Subsequently "The 

 Volcano" is said to have lived a rather loose life, 



though she was not a prostitute in the common sense 

 of the word. Her uncle returned from the United 

 States after many years, and brought a large sum of 

 money with him. While looking for a house he lodged 

 with her and her mother. She and another girl, ac- 

 cording to the story, look a knife and cut the leather 

 satchel in which the uncle had his money, taking 

 $2,000. They were taken to Patzcuaro and put in 

 jail, since the reported amount stolen was so great 

 that tiie local court could not act. There they obtain- 

 ed a lawyer who "fixed" things so that they were set 

 free. 



(4) During the 1945 fiesta of Rescate there were 

 a number of court cases: 27 persons were arrested 

 for assault, in addition to 2 foreign prostitutes who 

 plied their trade too openly. Most persons spent the 

 night in jail and were released upon payment of 

 fines which varied from $0.50 to $5 depending on 

 ability to pay. One amusing case involved suspected 

 theft. A young man of Tzintzuntzan came to the pre- 

 sidencia claiming that he had been robbed of sugar- 

 cane worth $1 while playing bingo. He had left the 

 bundle under his chair, and a couple from Santa Fe 

 seated beside him had taken it while he was absorbed 

 in the game. Soldiers were sent to bring the Santa 

 Fe couple, who stoutly denied their guilt. An army 

 lieutenant from Patzcuaro. who had been sent to main- 

 tain order during the fiesta, took charge of the case 

 and asked the president, who knew both parties, to 

 question them. He asked the claimant if "in his 

 heart" he was sure that the Santa Fe couple had 

 stolen the cane, if he had seen them take it vath his 

 own eyes. The claimant said no, that he had not 

 seen them take it. but if they had not, who had? The 

 defendants said that they had bought it. along with 

 other fruit, that they were of good family, and that 

 they did not tleal. The offending canes were laid on 

 the floor as evidence. To the ethnographer (and ap- 

 parently to the )iresident and lieutenant) the claimant 

 was honest but mistaken. For want of better evidence 

 the lieutenant, who had apparently read his Bible, 

 divided the cane into two piles, giving half to each 

 jiarty. Both accepted the decision in good humor, 

 apiiarently realizing that tlie authorities were in a 

 difficult position. As the crov.d filed out the accused 

 youth from Santa Fe pulled a crumpled 1 peso note 

 from his sash and presented it to the president, who 

 gravely thanked him. This mordida ("bribe") was 

 not that of a criminal who had won a case, but rather 

 a part of the universal system of justice, a sign that 

 he bore no ill feelings toward the president, and that 

 he was grateful that no more trouble had been made. 

 A half a dozen or more people saw the transaction, 

 which was perfectly open and aboveboard, and there 

 was neither word nor thought of criticism on the part 

 of anyone. 



(5) During the same fiesta the jiolice chief of Qui- 

 roga got drunk and began to fight, in the course of 

 which he was stabbed in the arm by an unknown 

 assailant. Since he was a known troublemaker he 

 was locked up in jail for the night. Next day it was 



