Owing many times to the
inactivity of the judge or of the prosecuting attorney, to the great
amount of work which weighed down the courts--for actions were begun
when there was knowledge of the commission of the crime, although the
perpetrators were not known--and by the manipulations at other times
of the private accuser to whose interest it was to harm the accused
by delaying the _sumario_, this period was often made to extend over
years and years. Meanwhile the defendant was confined in prison,
as no bail was allowed in any case in which the penalty was that of
_presidio correccional_ (from six months and one day to six years'
imprisonment) or greater. In addition to this the circumstance that all
criminal causes in the islands had to be sent for review to the proper
_audiencia_, caused a large accumulation of old cases in these higher
courts, and this alone made their disposition a matter of some years.
To-day the procedure is rapid. Information having been brought against
the defendant, the trial is had in the same term or at most during
the next term of court. Sometimes the trial is suspended owing to the
non-appearance of witnesses, but it can be said that cases are rare
where causes are pending in the docket of the court for a longer period
than two terms.
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