CRIME
Drink is the primary cause of much of the crime committed in Chile. It is in the despachos and roadhouses that secrets are divulged, confidences exchanged and robberies planned. There peons and inquilinos employed on farms and large haciendas reveal to the thieves, with whom they are often on friendly terms, the plans of their master’s properties, private roads, where animals are pastured, means of gaining entrance into houses, when sales of stock were made, the amount of money received and where it is kept. A robbery is proposed to the intoxicated servants, who readily acquiesce, more out of drunken gratitude for the liquor furnished by the thieves, than any motive of crime or gain. They are often induced to act as guides in directing the bandits to the home of their master. In this manner the cunning thieves protect themselves by making a shield of the servants, claiming in the event of detection before an assault is made, that they were only accompanying their friends home. When the house is reached one of the robbers goes to the door and raps. When the summons is answered he invents some plausible story of friendship, to induce those within to admit him. If refused he pleads that it be opened far enough to enable the persons addressed to recognize him. If the door is opened the robbers rush in, usually firing several shots in the house to terrify the inmates. Once inside noresistance is made to their helping themselves and pillaging the place, as the people know too well the cruel and heartless nature of the roto bandit. In the meantime the servants who piloted the marauders to the house have gone to their respective huts, as nothing could induce them to commit an assault upon their master’s house; neither do they share in the benefits of the robbery.
When satisfied that they have secured all the money in the house, and helped themselves to such food, drink, clothing or riding equipment as they may find and fancy, the robbers leave, threatening to return and murder the entire family, if an attempt is made to identify and punish them.
Bandits have private roads, usually on the higher ranges of hills, and as far as possible from the main thoroughfares. These bridle paths are much used at night, and if closed by a fence, are at once reopened. The men who infest these secret by-ways leading out from main traveled highways, and from one community to another, cannot be considered brave. They usually depend upon superior numbers, or the non-resident character of their victims, aided by cunning and diplomatic deceit. In self-defense, to avoid arrest or to secure their freedom, they will fight desperately, and without regard for life.
Many well-to-do people find it convenient to recognize this lawless class, for the reason that life and property are much more secure to friends of the bandits than is the case with those who seek to rid the country of their presence.
Land Owners Nos. 2 and 3 are usually the victims of these robbers. They seldom attack the residenceson the large haciendas, confining their depredations in such places to the stealing of animals, or robbing their victims from big estates, on the roads. Another reason is that the houses on the haciendas are more strongly built and better arranged for resisting attacks. Then there are numerous servants about the house, some of whom are always on guard, and savage dogs roam about the gardens and grounds at night. The hacendado and his employés are usually well armed and know how to use their weapons. The windows of the fine country residences are protected with heavy iron bars. The doors of these houses are never opened after the family retires at night until the following morning, and the buildings are so well constructed that it is not an easy matter to gain admittance by force. Another reason why thieves seldom molest the hacendados in their homes is the fact that it would take too large a party to surround the house and guard it.
These freebooters are a part of every rural district in Chile. They generally own houses and small tracts of land which serve as a blind to their real occupation. Those who do not own property are protected and sheltered by those who do. As cattle thieves they have no rivals. They will go into the “potreros” of a farm at night, drive the animals into a “quebrada” (wooded ravine), where they kill and skin them and pack the meat into sacks prepared for the purpose. With a sack of meat behind each saddle and the skin of an animal in front, the robbers mount their horses and ride away. When day dawns they are leagues away from the scene of their depredations, and have disposed oftheir spoils for cash. They then seek some secluded spot where they spend the day sleeping, and resting their horses. There is no lack of “fences” and “underground systems,” where the bandits can readily dispose of their plunder. When seen at their humble homes these night marauders present the appearance of hard working, law abiding citizens, and any one of them can promptly prove that he has not been absent from home for many weeks. There is no means of procuring evidence against them, as they can secure as many witnesses as they desire in their defense. And it is impossible to get any damaging information from their families, even from the smallest children. No one can confess them; they are trained from infancy to observe discreet silence or give misleading information. Threats or punishment are of no avail.
The boldest, most fearless and notorious of the bandits have no fixed places of residence. Large private and government rewards are placed upon the heads of some of these desperadoes. Some of the more clever ones do not participate personally in the robberies and attendant crimes, but employ their talents in planning and directing the deeds. These clever managers often live what appears to be a most respectable life, having no fear of detection or interruption in the management of their reprehensible business. They are clever, cunning, subtle, penetrating, and always cautious. They have their trusted agents, through whom their plans are executed, and through whom they receive their profits in the business. These men levy tribute upon farmers, merchants and professional men.
Savage dogs are the best protection to country property. Many bandits who have no fear of armed resistance will not venture into an enclosure guarded by fierce dogs. It is the purpose of the robbers to always surprise their victims in an assault, or to gain admission to a house by stealth, and the barking of dogs frustrates their plans.
A curious custom among Chilean bandits, who operate in bands, is the taking with them on their thieving raids what is known as a “loro” (parrot). This individual is usually selected for his cowardly or cautious traits, rather than because of his bravery. When a robbery is planned the loro is placed on guard to keep watch and give the alarm, in the event of danger or discovery. Fearful of being caught, he is keenly alert and quick to sound a warning if anything suspicious is observed.
Bandits are seldom known by their real names, and some of the cognomens applied to them are as characteristic of the individual as they are curious. One who is a clever talker is called a “Pico de Oro” (golden beak); “cojo” (lame); “Tenorio” (ladies’ man); “El Tuerto” (squint eye), etc.
As previously stated there are few great commercial robberies, embezzlements or forgeries in Chile. This may be due to the fact that escape is difficult. The Cordilleras forming a natural barrier on one side and the ocean upon the other, it is only necessary to guard the mountain passes and watch the departure of ships to prevent persons from leaving the country. Men connected with commercial interests, which give them the opportunity to steal or embezzle large sums of money are, as a rule, unfamiliar with the mountainous country or the ways ofbandits, and are therefore unable to escape by going to the interior.
There is another class of bandits or brigands who are more clever, daring and desperate than those already described. They follow the more well-defined roads of travel, are well dressed, mounted on good horses, intelligent and generally present a very genteel appearance. They usually hunt in bands, covering a wide range of territory, know all the people living within the country covered by their depredations, and are familiar with every road and by-way. They always have knowledge through their accomplices of strangers traveling through the country, or of servants sent upon important missions. They roam about the mountainous regions, or in close proximity to the Cordillera ranges, where escape is easy, in case of pursuit. Some of these highwaymen are notorious for the desperate deeds committed.
The common weapon of the Chilean bandit, like his methods, is peculiar to the country. During the revolution in 1891, nearly every Chileno was engaged in the war, upon one side or the other. After peace was restored, the arms were retained by the individuals, and practically every man in the country possessed a rifle. These weapons were too large and cumbersome for the bandits, so they cut off a portion of the barrel, to render them more convenient, and so they could be more easily concealed under their ponchos. These guns are called “rifles recortado” (re-cut rifles).
The fact that crime is common leads naturally to the question of law and its enforcement. Why are there not laws for the punishment of crime? Thereare. And why are they not enforced? That is another question, and one involving various phases of life in the Republic. A large per cent. of the people are honest, observing and obeying the law, and would be glad to see it universally enforced. The lawless element aid and protect each other, and even the more honest of the poor people look upon a notorious criminal as a hero, rather than a disgraced member of society, whose companionship is to be avoided. These people if called upon to testify in court against a man whom they know to be guilty of numerous crimes, will give evidence as to his good character. Another thing that operates in favor of the criminal is the fact that the law requires two disinterested eye-witnesses to establish the guilt of any person accused of crime.
If a person catches a man in the act of robbing his house or his property and takes the thief into custody, his evidence will not be sufficient to convict the robber. He must have two witnesses who saw the thief in the act. The evidence of members of his family, or of servants employed by him will not be admitted. The burden of proof rests with the prosecutor, and not with the accused. The slow operation of the law is also responsible for a lack of the enforcement of statutory provisions. There are so many delays and difficulties incident to securing the conviction of a criminal, that honest people frequently refuse to follow to a conclusion cases in which they are personally interested.
When convicted and sent to prison, the fact has no detrimental effect upon the social standing of the convict in the community in which he lives. Like a horse that has made a record upon the turf, hisperformances furnish a fruitful topic of conversation to his friends, the details of which are discussed with animated interest. When released from prison, and he returns home, which is invariably the case, the convict becomes the hero of the community. There is no shame or disgrace connected with his imprisonment. The question of treatment, the quality and quantity of beans served in the prison fare, are discussed as if they were common phases of everyday life.
If a thief is killed and his friends and accomplices secure possession of the body, which they invariably try to do, the skin is cut from the face of the corpse, and all clothing removed from the body. These precautions are taken for the purpose of preventing identification.
It was once a common custom, and still prevails to some extent in the rural provinces, to liquidate the crime of a wound or even murder by cash payment. It is claimed that the law is slow of execution, expensive and unsatisfactory, giving nothing to the victim or his family. If a poor man is killed, the assassin or his representatives will settle the affair for a few dollars, sometimes not more than five or ten dollars. If a man of means and social standing in the community meets a violent death, the price is from twenty-five to fifty pesos. These liquidations in former times were not private. Public interest was often aroused and the neighbors entered into the negotiations to see that a fair price was paid. If a person was stabbed a few times it was not considered of sufficient importance to require a money payment; a few drinks canceled the account for damages.
So notorious has become the commission of crime, in recent years, thatEl Mercurio, the most widely circulated and influential paper in the country devoted much space to the subject a few years ago. The following is an extract and translation from an article appearing in that journal in February, 1903:
“The alarm produced in all classes of society due to the extraordinary development which is taking place in the criminality in Chile, especially in the capital, has induced us to open an investigation as to the causes of such a deplorable social condition. A study of the causes which have tended to foster such a great increase in the number of criminal acts is undoubtedly due to the complete disorganization of public affairs in this country, and should serve to call seriously the attention of the government to the imperious necessity of attempting some course of action which would tend to remedy in part, at least, the disastrous condition of the nation at large. The enormous development of criminality in this country is not only the manifestation of a very grave social condition, nor is it only the symptom of a social dissolution in its worst form, but it is the visible cause of the discredit which our country is suffering among foreign nations.“The European press avails itself of all data relative to the number of terrible crimes committed in Chile, and also of their sanguinary and atrocious character, and denounces them to their fellow citizens as proof of the insecurity of life and property in this country.”
“The alarm produced in all classes of society due to the extraordinary development which is taking place in the criminality in Chile, especially in the capital, has induced us to open an investigation as to the causes of such a deplorable social condition. A study of the causes which have tended to foster such a great increase in the number of criminal acts is undoubtedly due to the complete disorganization of public affairs in this country, and should serve to call seriously the attention of the government to the imperious necessity of attempting some course of action which would tend to remedy in part, at least, the disastrous condition of the nation at large. The enormous development of criminality in this country is not only the manifestation of a very grave social condition, nor is it only the symptom of a social dissolution in its worst form, but it is the visible cause of the discredit which our country is suffering among foreign nations.
“The European press avails itself of all data relative to the number of terrible crimes committed in Chile, and also of their sanguinary and atrocious character, and denounces them to their fellow citizens as proof of the insecurity of life and property in this country.”
El Mercurio, in its endeavor to ascertain the reason for the extraordinary criminal condition of the country, interviewed Mr. Luis Urzua Gana, public prosecutor for the department of Santiago, who made the following statement:
“I believe that the first and foremost cause of the existing criminal condition is due to the fact that a large proportion of the crimes remain unpunished. I believe that eighty per cent. of the offenses committed are not punished, and that a large proportion of them are not even denounced. As the greater the probability that a crime will not be punished, so law and justice lose their deterrent effect.“Another cause of criminality is the large number of vagrant children, either in complete idleness or in some kind of work which enables them to gain in a few hours enough money for their food and vices. Boys of twelve years of age and even under, exhibit in this country, the same moral monstrosities as do men old in sin and crime. Among them, gambling has reached a surprising development, and there seems to be no form of immorality which has not its adepts among them. And worse still there are people who foster their vicious practices and make a business out of their degradation.”
“I believe that the first and foremost cause of the existing criminal condition is due to the fact that a large proportion of the crimes remain unpunished. I believe that eighty per cent. of the offenses committed are not punished, and that a large proportion of them are not even denounced. As the greater the probability that a crime will not be punished, so law and justice lose their deterrent effect.
“Another cause of criminality is the large number of vagrant children, either in complete idleness or in some kind of work which enables them to gain in a few hours enough money for their food and vices. Boys of twelve years of age and even under, exhibit in this country, the same moral monstrosities as do men old in sin and crime. Among them, gambling has reached a surprising development, and there seems to be no form of immorality which has not its adepts among them. And worse still there are people who foster their vicious practices and make a business out of their degradation.”
Soon after his election in 1901 President Riesco secured the passage of a bill in the national congress providing for the establishment and maintenance of a specially selected and well equipped cavalry regiment, to be used in suppressing lawlessness. This troop is subject to service in any part of the Republic where the protection of life and property is required. The usefulness and effectiveness of this kind of service is due to the fact that a better class of men is selected, than is found in the municipal and provincial police. It is too small in numbers, however, to properly guard and protect any considerable portion of the mountainous country constituting the territory of Chile.