“MONSTROUS AND ILLEGAL PROCEEDINGS”: LAW ...
“MONSTROUS AND ILLEGAL PROCEEDINGS”: LAW ... “MONSTROUS AND ILLEGAL PROCEEDINGS”: LAW ...
sustain reciprocal ties and political power converged in the proceeding. The case was about establishing each man’s and faction’s place in a turbulent borderlands world. With so much at stake, Tristani not surprisingly mounted a spirited defense. He filed his own defamation action against Parejas. In doing so, he set the stage for a dramatic conflict between the two men and their respective factions on the day of the jury trial. Reflecting the distinctly public nature of defamation proceedings and their importance for asserting both personal reputation and factional power, Salto’s municipal theater served as the venue for the trial. An article in El Salteño described the scene: “Yesterday at the appointed hour we were in the Theater, the designated place for the trial that had to take place with Tristany – As this was a novel spectacle in Salto, a large crowd had invaded the theater” to witness it. 86 Tristani, however, failed to appear. After about forty-five minutes, Parejas asked the public notary charged with the jury selection to locate the presiding judge, Pedro Real, to inquire about Tristani’s whereabouts. Parejas then decided to search for Tristani himself. Walking into the streets outside of the theater near Salto’s central plaza towards the local courthouse, Parejas located Tristani speaking to several men. Parejas wrote that “knowing the maneuvers with which one can elude justice, I that saw the hour draw near when I could wash the dark stain that Rogelio Tristany had vilely thrown upon my honor . . . I could not contain myself when I saw the calumnious one standing, calm, with a cheery air at the door of the courthouse.” 87 In front of a small crowd, Parejas then yelled: “Tristany!! You will have more honor in here (signaling to the theater). That is the place in which you should be and you sir are afraid to enter!!” According to Parejas’ account, 86 D. Manuel R. Tristani c. D. José Parejas por publicación de injurias en prensa, El Salteño (June 12, 1862), included with the proceeding. 87 Ibid. 188
Tristani then attempted to attack him, only to be restrained by several other men at the scene. 88 The factional ties underpinning the very public collision between Parejas and Tristani became clearer as the two men traded accusations in the press as to what had transpired at the theater and courthouse. According to Parejas, when Real had conducted the jury selection the day before, several potential jurors had recused themselves. He claimed that Real had used this as a pretext to delay the proceeding. According to Parejas, Real then “taking advantage of my desire that I had and still have to bring Tristany before the court of the public . . . granted a delay to Rogelio Tristany, and in that act undermined the definitive character of these proceedings according to the spirit and letter of the relevant laws.” Parejas accused Real of delaying the proceeding because he wanted to protect his political ally. He concluded by claiming that if “Tristany values his reputation and good name” he will appear in the theater and submit to the “verdict of the entire town.” 89 Tristani responded by arguing that the incidents in the street following the aborted proceeding had nothing to do with the dispute between the two men. Rather, Tristani argued that “the Parejas question is a question of faction [partido], sustained by a circle that exists here against the Gefe Político [Dionisio Trillo] and the Alcalde Ordinario [Pedro Real].” 90 Tristani argued that in effect, Parejas and his colorado allies were using a simple procedural issue to attempt to discredit prominent blanco officials in order to advance their faction’s larger goal of promoting disorder and violence. In yet another article in Parejas’ newspaper, the colorados responded: “The question of Mr. Parejas with Tristany has no other basis than to inform the authorities of their failure 88 Ibid. 89 Ibid. 90 Ibid., 2. 189
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Tristani then attempted to attack him, only to be restrained by several other men at the<br />
scene. 88<br />
The factional ties underpinning the very public collision between Parejas and Tristani<br />
became clearer as the two men traded accusations in the press as to what had transpired at<br />
the theater and courthouse. According to Parejas, when Real had conducted the jury<br />
selection the day before, several potential jurors had recused themselves. He claimed that<br />
Real had used this as a pretext to delay the proceeding. According to Parejas, Real then<br />
“taking advantage of my desire that I had and still have to bring Tristany before the court of<br />
the public . . . granted a delay to Rogelio Tristany, and in that act undermined the definitive<br />
character of these proceedings according to the spirit and letter of the relevant laws.”<br />
Parejas accused Real of delaying the proceeding because he wanted to protect his political<br />
ally. He concluded by claiming that if “Tristany values his reputation and good name” he<br />
will appear in the theater and submit to the “verdict of the entire town.” 89<br />
Tristani responded by arguing that the incidents in the street following the aborted<br />
proceeding had nothing to do with the dispute between the two men. Rather, Tristani<br />
argued that “the Parejas question is a question of faction [partido], sustained by a circle that<br />
exists here against the Gefe Político [Dionisio Trillo] and the Alcalde Ordinario [Pedro Real].” 90<br />
Tristani argued that in effect, Parejas and his colorado allies were using a simple procedural<br />
issue to attempt to discredit prominent blanco officials in order to advance their faction’s<br />
larger goal of promoting disorder and violence.<br />
In yet another article in Parejas’ newspaper, the colorados responded: “The question<br />
of Mr. Parejas with Tristany has no other basis than to inform the authorities of their failure<br />
<br />
88 Ibid.<br />
89 Ibid.<br />
90 Ibid., 2.<br />
189 <br />