“MONSTROUS AND ILLEGAL PROCEEDINGS”: LAW ...

and the titles of each litigant in hand, do you think it possible that that surveyor could assure
in good faith to Mr. Real that he is correct in his resolution [of the matter].” 110 The second
letter then noted that Galina could only produce such a survey through “ignorance or
malice” against Real. 111 The final letter in the series concluded that Galina “had proceeded
in bad faith, plotting with the Tejos when [he] requested that Real agree to a settlement” to
defraud him of his lands. 112 The letter concluded that “it would be best that an impartial
public decide the consequences” for Galina’s actions. 113
The publication of the three letters poses a couple of mysteries. First, El Salteño
published Delort’s letters. As we saw in the Tristani case above, El Salteño supported the
colorado faction against the local blanco government. It appears unusual that it would accuse
its own allies, the Tejos, of attempting to manipulate a legal proceeding. Second, how did
the private letters come to be published in a colorado newspaper? The answer appears to lie in
Galina’s petition in the defamation proceeding. Galina argued that the letters revealed a plot
by Delort and Real to escape an unfavorable judgment regarding the boundary dispute.
Galina asserted:
armed with the letter [Delort] had maliciously obtained from Mr. Serby, he libeled
me infamously, imputing that I conspired with the Tejos in order to surprise Mr.
Real, perhaps simply for vile interest, because in lieu of suspending the proceeding
[delineating the land], he could use the impartial public to solve his dilemma. 114
In other words, the letters revealed a plan to allege bias against Tejo and Galina,
manipulating the public to reverse a judicial determination. Both through the letters and
110 Juicio de imprenta promovido por D. Angel Galina c. D. Victor Delort, El Salteño, no. 252,
fragment included with the case.
111 Ibid.
112 Ibid.
113 Ibid.
114 Ibid.
197