Joseph McKenna

“ It ordinarily would be enough to say that there was justification for the determination; but lest it may be supposed that the guilt of Valdez depended alone upon the testimony of Gatmaitan, he having been an active accomplice in the homicide, some comment becomes necessary and at least a characterization of the evidence.
Gatmaitan's testimony was, of course, an important factor, but it had substantial corroboration. He was shown, it is true, to be a low type of man. One who becomes for hire, as he did, the criminal executor of another's malice, is usually such. ”

“ Valdez is described in the opinion of the trial judge as 'a highly educated man and very prominent both on account of his social standing and his wealth;' and by the supreme court as 'a recognized leader of an active political faction and a member of one of the richest, most powerful and influential families in the community.'
He was convicted of lying concealed with another and of shooting, in the early evening, one Eusebio Yuson, also a man of prominence, as he was mounting an outside stairway to the second story of his village home. ”

“ And it was such judgment the two lower courts exercised; it is such judgment in our turn that we are required to exercise. This record, indeed, shows that the character and characteristics of Gatmaitan, his mental and social inferiority to Valdez, made him facile to Valdez's solicitation and a purchasable agent for Valdez's purpose. And Valdez was shown, independently of Gatmaitan's testimony, to have had a purpose,-a fixed enmity to Yuson, engendered in a controversy over certain water rights. ”

“ The prosecuting attorney, however, thought it advisable not to dispense with such testimony or take from the court its discretion, 'so that when the court arrives there it may ask all unknown persons where the deceased fell, where the wad was found, where Gatmaitan was, and where Mateo Arcilla was.' All of which opposing counsel thought had been already proved. ”

“ Valdez and Gatmaitan took separate appeals to the supreme court of the Islands, but, according to the statement of the court, at the request of counsel, the appeals were 'heard and considered together, in order to give counsel for the defense an opportunity to develop any inconsistencies or contradictions which might appear as a result of a critical analysis and comparison of the evidence of record in both cases.'
The judgment against Valdez was affirmed; that against Gatmaitan was modified by the substitution of death for life imprisonment. ”

“ A negative answer is urged upon a consideration of the credibility of the witnesses, the relative probative strength of their testimonies, their mental and moral defects, the various statements of Gatmaitan, being a witness for the prosecution, first testifying to the guilt of Valdez and by subsequent statement retracting the accusation, and later retracting the retraction, and an asserted absence of motive for the crime. ”

“ The court made the inspection; Valdez was not present, but his counsel were. There is an opposition of affidavits submitted upon a motion for new trial. Those submitted by defendant (three of which were in almost exactly the same words) averred that the persons making them were present at the inspection by the court and saw the judge examine the various points at the scene of the crime and the point where Gatmaitan stood when he fired the murderous shot. ”

“ That they also saw the widow of the deceased show the manner in which her husband fell,-she illustrating,-and that she also told the judge 'certain facts which happened at the time of the murder.' That they also saw Captain Crockett, of the constabulary, point out to the judge the places in the stairway and in the house where the shot had penetrated, and saw him walk with the judge and point out to him certain streets and houses connected with the case, and also saw the judge and such officer and the attorneys in the case and other persons examine other places. ”

“ When the state closed its evidence in rebuttal, the prosecuting attorney requested the court (there was no jury) to view the scene of the murder. To this counsel for the accused assented, but with the request that 'no testimony be taken because it produced great confusion when trying to examine witnesses at the place of the occurrence.' To this request the prosecuting attorney replied: 'What Mr. ”