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 no resistance 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 residences on 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 of their

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 of bandits, 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? There are. 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, his

performances 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,

that _El 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.”

_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.”

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.