“MONSTROUS AND ILLEGAL PROCEEDINGS”: LAW ...
“MONSTROUS AND ILLEGAL PROCEEDINGS”: LAW ... “MONSTROUS AND ILLEGAL PROCEEDINGS”: LAW ...
These old animosities set the stage for new clashes over Jubim’s property rights around Salto in the early 1860s. The webs of associations between the Ribeiros, Canabarro and their Uruguayan allies ensured that important members of Salto’s political community would quickly become involved in the case. Agustín Sañudo, a colorado attorney in Salto, stood at the center of Bica’s network of borderlands commercial connections. He defended the Brazilian in numerous civil and criminal proceedings in the Salto courts as he moved across the borderlands. 169 In much the same way, Sañudo represented Jubim in his initial dispute over his new property. Sañudo claimed that José María Carneiro, another Brazilian, had “violated [atropelló] . . . [Jubim’s] property rights.” 170 Following Sañudo’s initial complaint, the matter appeared to be resolved. Carneiro, however, intervened in 1863 in another commercial dispute between Jubim and Manuel Moreira da Fontoura to again challenge the former’s property claims. 171 Jubim died before the litigation could even commence. The rancher’s death touched off a much more aggressive attempt by Ylla to seize Jubim’s lands altogether. 172 Ylla, along with Carneiro, immediately filed a complaint again Jubim’s widow, Doña Encarnación Garces de Jubim. In it, the men sought a substantial portion of Jubim’s former lands. With Sañudo’s 169 Sañudo also directly funneled information regarding events around Salto to Bento Ribeiro. In an 1851 letter from José Madariaga to Gregorio Valdés, Madariaga indicated that a “Sañudo” had supplied information to Ribeiro regarding commercial and political events in the department, including reports on negotiations between Diego Lamas and Urquiza over the pending invasion of the Estado Oriental. AGPC. Fondo Mantilla. Archivo Valdéz, v. 18, José Madariaga al Señor Gregorio Valdés (May 12, 1851). 170 Asunto de José Maria Carneiro, AGN. Salto. Jefatura (1859). 171 Incidente promovido por Dr. José Maria Carneiro solicitando vista de un expediente seguio entre Fontoura y Jubim, AGN-SJ. Salto. Letrados Civil, No. 15 (1863). 172 The case is silent as to the causes of Jubim’s death. 226
assistance, Garces won her case against both Carneiro and Ylla. She then proceeded to rent a portion of the disputed property to Antonio Fernandez, another Brazilian. 173 Having lost in Salto’s courts, Ylla resorted to violence in order to regain control of the property he believed to be his. According to Fernandez, Ylla entered his home and “threatened to shoot him if he did not vacate the land he was renting.” 174 Shortly thereafter, he orchestrated a criminal investigation against Fernandez with the help of several colorado allies. Fernandez, speaking through Sañudo, argued that the investigation was nothing more than a sham. He claimed that Ylla had sacked his sister’s house. The Brazilian rancher then demanded that she sign a statement that Fernandez had stolen a number of cattle from him. Based on the statement, Ylla then filed a complaint with the frontier police commissioner seeking Fernandez’s arrest. 175 After a brief investigation, the police commissioner wrote to Luis Piris, the blanco departmental commander in Salto. He reported that after interviewing several witnesses, he had established that Fernandez had in fact stolen cattle from Ylla and other vecinos in the area. He concluded: “what I can tell you is that there is an almost a general clamor” regarding Fernandez. 176 Sañudo howled that the “police commissioner” was nothing more than Ylla’s subordinate. The charges against his client were merely a pretext for ejecting Fernandez from the property so that Ylla could seize it for himself. The colorado attorney proclaimed: [I]n due time, I will prove that the proceeding brought against [Fernandez] is entirely void, based as it is on biased and fraudulent depositions, the offspring of the unjust dominion that Colonel Ylla has exercised, clumsily 173 Sumaria contra Antonio Fernandez por abigeato, AGN-SJ. Salto. Penales, No. 44 (1865). The underlying facts occurred in 1863. 174 Incidente promovido por Dr. José Maria Carneiro solicitando vista de un expediente seguio entre Fontoura y Jubim, 13bis. 175 Sumaria contra Antonio Fernandez por abigeato. 176 Ibid., 9. 227
- Page 185 and 186: Vital de Oliveira, securing his ele
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assistance, Garces won her case against both Carneiro and Ylla. She then proceeded to rent<br />
a portion of the disputed property to Antonio Fernandez, another Brazilian. 173<br />
Having lost in Salto’s courts, Ylla resorted to violence in order to regain control of<br />
the property he believed to be his. According to Fernandez, Ylla entered his home and<br />
“threatened to shoot him if he did not vacate the land he was renting.” 174 Shortly thereafter,<br />
he orchestrated a criminal investigation against Fernandez with the help of several colorado<br />
allies. Fernandez, speaking through Sañudo, argued that the investigation was nothing more<br />
than a sham. He claimed that Ylla had sacked his sister’s house. The Brazilian rancher then<br />
demanded that she sign a statement that Fernandez had stolen a number of cattle from him.<br />
Based on the statement, Ylla then filed a complaint with the frontier police commissioner<br />
seeking Fernandez’s arrest. 175 After a brief investigation, the police commissioner wrote to<br />
Luis Piris, the blanco departmental commander in Salto. He reported that after interviewing<br />
several witnesses, he had established that Fernandez had in fact stolen cattle from Ylla and<br />
other vecinos in the area. He concluded: “what I can tell you is that there is an almost a<br />
general clamor” regarding Fernandez. 176<br />
Sañudo howled that the “police commissioner” was nothing more than Ylla’s<br />
subordinate. The charges against his client were merely a pretext for ejecting Fernandez<br />
from the property so that Ylla could seize it for himself. The colorado attorney proclaimed:<br />
[I]n due time, I will prove that the proceeding brought against [Fernandez] is<br />
entirely void, based as it is on biased and fraudulent depositions, the<br />
offspring of the unjust dominion that Colonel Ylla has exercised, clumsily<br />
<br />
173<br />
Sumaria contra Antonio Fernandez por abigeato, AGN-SJ. Salto. Penales, No. 44 (1865).<br />
The underlying facts occurred in 1863.<br />
174<br />
Incidente promovido por Dr. José Maria Carneiro solicitando vista de un expediente seguio entre<br />
Fontoura y Jubim, 13bis.<br />
175<br />
Sumaria contra Antonio Fernandez por abigeato.<br />
176 Ibid., 9.<br />
227 <br />
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