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Atondo crime. Judgement and decision: garrote (2) The crime of Atondo

Plaza

Council: Territorial Court and jail

Pamplona. It's January 7, 1885. By 12 noon, the Council Square and points near the Territorial Court was packed by a crowd eager to witness the hearing of the case against Eguía Toribio. They had taken precautions to prevent avalanches from the crowd that struggled to get into the visiting room of the prison, which could only be a fraction. By the time he opened the door, already established the Tribunal, and the accused Toribio Eguia, was on the bench.

Attorney

Once the rapporteur, Mr. Valencia, read the facts and the experts brought to the attention of the court that the pastor of Atondo , Manuel Martiarena, 83, had received 12 stab wounds and the housekeeper, Martina Babacan, died from stab wounds 9, the proposed prosecution witnesses begin the conference. Valentine

Olza Ervin (Atondo sacristan), Manuel OSAC (guard mount) Juan Ibero (Atondo altar boy), Marcelina Tortejada (water carrier of the house), and Francisca Francisco Alvizu Aldave (Atondo neighbors), Miguel Jauregui (Civil Guard), Manuel Echarri (schoolmaster), D. Domingo Pérez (pastor of Aldama), D. Antonio Gortari (Ororbia surgeon), and Micaela Miguel Erro Erro (respectively, the owner of the "Fonda La Perla" and sister of the former), D. Iñarra Bruno (President of Casino Eslava), the warden of the prison and 2 Eguía fellow prisoners ... all of them and some others paraded before the Court and all of his testimony said Toribio undoubtedly Eguía as author of the double murder and robbery.

But of all these testimonies I will highlight the children's teacher Manuel Echarri. And consider that, to make matters worse, was proposed by the prosecution. Teacher says:

"that was friendly with Eguía whom he regarded as man of sense, that days before the crime Atondo, told the defendant that had a knife and revolver, and had formed a project that was expected to provide a good Christmas. What then considered him worthy of their friendship, though he believed himself capable of committing a robbery or other crime, not as serious as the killing of Atondo " .

Serve this testimony to show, among others, two things clear:

• that crime, with a complaint in time, could have been avoided.
• Eguía and should not be in their right mind discussing your project with the teacher.

Defense

proposed by the defense, both Dr. Landa, as Dr. Ubago raised the big question " is Eguía an evil or sick? ". And to get the answer, this is data that provided both:

• that the defendant has a family history of mental illness.

• that
  12.12 .82 and the 02.01.1983 (three weeks) had two separate processing stroke that caused him, in addition to loss of consciousness, delirium, sardonic laugh (seizure and contraction of the muscles of the face), right hemiplegia ( Toribio dragging a leg and was unable to catch a ball with his right hand) ... a brain injury that affected his behavior.
• that because it does not have his mental faculties intact, lacking moral sense, has become a drunk and is not accredited in their right mind. It has even dropped his own self-preservation.
• that has become an insane murderer and therefore should be removed from society.

The Civil Governor himself, Tom Moreno, after his arrest in person at the Fonda La Perla, said he considered the defendant a fool for his indifferent attitude to be arrested ("let me finish the coffee" recalled that he told the detainee).

Santos also Iribarren, professor at the Military Academy of Toledo High School told Eguía observed a radical change. He considered, in principle, a good man as recommended by the Director for the internship position, a position he played with zeal Toribio. Then change by bad company and alcohol abuse. He also recalled that a family member asked his advice to enter any school.

Others declared in the same line: a sinfundamento, extravagant, crazy, lunatic, deranged ...

you transcribe speech in similar testimony as curious as tells the reporter. (Incidentally, maybe it's a sad example of the attitude of justice and journalism from the late nineteenth to the Basque language):

"Francisco Larue, Labrador Yabar (Basque).

- The President: How old are you V?
- Larue. Thirty-three years tr ... ... no ... forty y. .. ( the witness puts his hand to his head, runs and fails to express the number of years that counts).
- will V. More than twenty-five?
- Thirty more ...
- V Do you swear to tell the truth in what you ask?
- swear ... no sir.
- How not swear by God, etc. V. etc.
- swear ... bah ... swear ... a (here a bad word) ever so. "

The Ombudsman considers that the testimony is important, but do better than his wife. And this, Felipa Goicoa, says that" some day stayed processing at home, which after dinner quietly and pray the rosary, suddenly broke into horrible curses and committed a thousand follies and extravagances, so they believed a stark mad "

Here ended the first day the hearing

Thursday January 8, also at 12 and with a very numerous audience that "filled the room and avenues," began the second day of trial oral.

First Mr. clerk read a letter from the defense in which he stated the defendant "Exempt from responsibility."

then followed the intervention of the Attorney D. Francisco Valcárcel who, after lamenting the frequency in recent years, crimes "in this country that there is no recall in its history," made a biographical portrait and moral Eguía Toribio:

• Carlist authorities will instructed a process violation
• a failing grade dropped out
• drink
  was the cause of stroke which produced the Hemiplegia
• has now become a "vagabond", away from his family, dedicated to live at the expense of others
• Eguía has not killed anyone. Killed "a minister of the Most High that had just raise their hands Host Sacrosanct"
• And housekeeper, if he still had life and could give him away, as it Eguía has confessed, he plunged the dagger into the heart.
  and the prosecutor asks the same question that the Doctors: "Is Toribio a madman or a villain?". And he answered himself that Eguía is evil because:
• has not been proven that brain injury necessarily involve a loss of intellectual capacity or free will.
• is sane so intended by Eguía after the crime: asking advice of counsel and other data that show the distinction, by the defendant, between good and evil.
• 's argument and Ubago Landa Doctors are "simple rigor of school." All tend to look crazy mental hospital in any individual.

And when the prosecutor in the rating of crime, stated that article 517 enters two aggravating normal (premeditation and abuse of trust) and a very special aggravating: Eguía has killed a 83-year old decorated with the aura of the priestly character.

Therefore Mr. Valcárcel, "revealing the emotion produced the performance of his painful duty," Eguia calls for the death penalty.

In response to Mr Prosecutor, D. Juan Cancio Mena, Defense Counsel, began his speech by stressing the importance that was at the time of judging, let out the feelings and emotions.

rectified, then the portrait he had drawn Eguía Attorney:

• Eguía honradísimos son of parents with a family history of alienation,
• after the civil war, seeking a degree, he studied surveyor,
• for good behavior was recommended at the military academy
• but a mental disorder (with an apparent head injury) was caused by a change in behavior.
• all the experts agree that Eguía is a madman, a view shared by the witnesses
• rejected the prosecutor's opinion about what was said by the doctors ("rigorous high school)

It ended

Eguía recognizing that he was the author of a crime, but he was not responsible for lack of free will. Therefore requested that he recluyera, no punishment for his crime, but to avoid further damage to society.

Eguia, Mr. Mena said, was the author of a horrible crime, but even more terrible the show to be offered to execute a madman who talks about his crime with cold indifference, impassive climb the scaffold and, probably, breathed his last burst into a stupid laugh.

After extending the record of the trial, he was terminated.

Four days later, on Monday Jan. 12 sentencing.

Of the seven "recitals", as discussed so far, we are interested in 4:

"whereas in the actual murder circumstance did not attend the first defense article eighth alleged by the defense because the madness that frees from responsibility the agent is one that prevents good from evil, that turns off the light of reason, stunned the understanding, not a minor injury of intelligence ... "( NOTE at the end)

SEEN items ...

BUGS we must condemn and condemn Eguía Toribio Esparza ... to the DEATH penalty GARROTE ...

This decision was notified the same day the defendant, who refused to sign it so they had to do two witnesses.

The chronicles at the time of notification of the sentence, Eguia was quiet and very talkative, saying, among other things, that He was aware that his great crime was for him a great punishment.

NOTE:

One is horrified with what joy was given the death penalty [so that in this case we are talking about 1885, and not the war in 1936 - 39 and subsequent dictatorship were issued with summary judgments. And least of the worst punishment of death: the heinous murders carried out by ETA (I speak in past, my hope and my desire) without even a trial summary and jaleadas by many that soon will deny] without having the slightest doubt when Toribio Eguía for all alarms shoot today.

If it is quite debatable that "the madness that releases of liability is only that which prevents ... turns out the light of reason ...., which overwhelms the intellect ..," it says terrible decision (the light of reason, understanding, has many degrees of intensity), to say nothing if we speak of the will, the emotions, feelings and moral values.

has fallen into my hands a document, but later, for a few months, the trial and execution of defendant, relates exactly to the case of Toribio Eguía. This is nothing less than the opinion of Juan Giné and Partagas (1836-1903) was one of the pioneers of psychiatry in Spain. A student of his (then a professor at San Sebastian) which appeared as an expert witness in the case of the "Crime of Atondo" Victor Acha, surely horrified, asks for your opinion on this unfortunate case. This is the view of Juan Giné:

"The judges, with our broken code in hand, neither understand nor want to understand the moral idiocy. I know from experience. Unfortunately last many more years of these idiots confusion of emotion with the wicked, so many, at least, as it took to distinguish before the law crazy manic, melancholic or hallucinations, the criminals responsible. All admit the general idiocy, everyone agrees that exist in the human beings whose phrenic development does not reach the common level of development of psychic skills, but where do they take the measure of the degree of this development? Only in compliance with an order of powers or abilities: the intellective. As if humans had no more than intelligence! Why do they forget to measure the extent of the feelings and emotions, and the force of volitions? The courts start the irresponsible and stupid idiot solely from their lack of intelligence, saying that if he is selfish, cruel, lecherous, greedy and dirty, is due to be unwise. As evidence of depression or emotional or moral debasement is primitive and not idiots necessary consequence of poor development of their intelligence, are so many idiots that have not yet been able to learn to read or write, or speak with a median correction, show themselves with their relatives caring, tender and grateful to those who care, and perfectly educable as regards the relations of domestic life ... ! They are blessed! Sort are, however, more talented people than average, since not only read and write grammatically and counted in accordance with arithmetic, but have learned languages, know how to draw and paint y. .. to imitate and counterfeit documents, and yet never, even starting from his early childhood, have expressed any feelings of affection, love, gratitude, love, justice, adherence to good and repulsed by evil, that underlie the indestructible bonds of family and society. Jails and prisons are surfeited of these individuals in childhood and adolescence populate the Houses of Reform, when young, the ship, confident that the sea has to improve, now adults, return home and are the scourge of the relatives and friends and often executioner grass. On the rare chance comes one another in their native mansion: the madhouse! "His brain, I have it written-paste crimen.Definamos is therefore the moral idiocy: an inborn defect in the development of affective faculties and particularly altruistic sentiments, with a more or less close to normal in the development of intellectual skills. "

(continued)