Chapter 52

POLITICAL ORGANIZATION: CUSTOMS REGULATING DOMESTIC RELATIONS AND FAMILY PROPERTY; PROCEDURE FOR THE ATTAINMENT OF JUSTICE

FAMILY PROPERTY

The property of a Manóbo family is so scanty that the rules governing it have never developed beyond a primitive stage. The house belongs collectively to the father and to such of his sons-in-law and brothers-in-law as may have constructed it. The structure represents little value to the owner except that of the rough-hewn boards which may be transported to another place. The reason that such cheap houses are built is that they may be abandoned without much loss at any moment that a death, or even a suspicion of danger, arising from religious or from natural reasons, may dictate.

The movable property in the house belongs to the individuals who have made, purchased, or in any other lawful way acquired it. In this respect it is to be noted that each married couple provides itself with household utensils and such other things as may be necessary. These things do not become the property of the head of the family, but remain the individual property of the person who brings them.

It must be noted, too, that women, children, and slaves have theoretically no right to ownership. It is true that women are allowed to dispose of the products of their labor like rice and cloth, but usually, if not always, the consent of their husbands or of their husbands' nearest male relatives is first secured if the article is of much value. Frequently a consultation is held with the head of the whole household.

RULES OF INHERITANCE

When a man dies and leaves no near relatives that are of sufficient age to manage the inheritance, the elder brother-in-law inherits the property. The deceased brother's wife is a part of this property. When the father dies, the son is the heir, and, if of sufficient age and capabilities, takes the place of his father. But should he be deemed incompetent by his near male relatives, his paternal uncle, or, if he has none, a brother-in-law, becomes the manager of the household. Any property which may be of value is thus retained within the line of male descent. This is in accordance with the principles of the patriarchate system which prevails in Manóboland.

The eldest son inherits his father's debts, but the administrator (if in such unpretentious matters we may use so pretentious a word) pays the debts collecting in turn from the son unless he be a near kinsman of the deceased father. About matters of inheritance I have never even heard of a dispute. The valuable property may consist of only a lance and a bolo, or a dagger, and a few jars. The best suit of clothes together with personal adornments, such as necklaces, are carried with the deceased to his last resting place so that there is little left to quarrel over. With the exception of the few heirlooms, if there be any, consisting of a jar and some few other things, the greatest fear is entertained of articles that belonged to the departed one. This fear is due to the peculiar belief in the subtle, wayward feeling of the departed toward the living.

RULES GOVERNING THE RELATIONS OF THE SEXES

MORAL OFFENSES

In the chapter on marriage the general principles governing the relations of the sexes is set forth. The relations both antenuptial and postnuptial are of the most stringent character.

As a Manóbo once told me, sexual morality is bound up with religion and the greater violations of it are sometimes punished by the divinities.

Such lighter offenses, as gazing at the person of a woman while she is bathing, or on any other occasion when her person is exposed, are punished with appropriate fines. Improper suggestions and unseemly jokes undergo the same fate. It is a very common report among Bisáyas that to touch a Manóbo woman's heel is an exceptionally serious offense against Manóbo law. I never heard of any such regulation among Manóbos, although it may exist. To touch any other part of her person, however, is an offense punishable by a good-sized fine.

Death is the consequence of adultery, fornication, and seduction, except in very exceptional cases where the influence of the guilty one's relatives may save him. But it is certain that in these cases the fine is very heavy. I believe that it is never less than the equivalent of three slaves.

All reports, both Bisáya and Manóbo, state that when fornication has been attempted or accomplished the woman herself may make known the offense to her parents and relatives.

The law is even more rigid in the matter of adultery. While I was on the upper Agúsan River a case of adultery committed by a Christianized man and woman was discovered. The death of the man had been decided upon, and that of the woman was being mooted. I succeeded in having the death sentence commuted to a heavy fine of three slaves.

It is the common report in Manóboland that, when a woman makes known the act of her lover, the latter does not deny it. Not only under such circumstances, but in nearly all other instances when brought face to face with the truth a Manóbo will confess, sometimes even though there be no witness against him. Such is my observation of dealings between Manóbo and Manóbo. In his relations with outsiders, however, the Manóbo is not so veracious; on the contrary, he displays no little art in suppressing or in twisting the truth.

MARRIAGE CONTRACTS AND PAYMENTS

In the chapter on marital relations it was made manifest that marriage is practically a sale in which a certain amount of the marriage price is returned to the bridegroom. This rule is very stringent. Should the marriage negotiations discontinue without any fault of the man or of his relatives all payments previously made have to be returned, item for item. In this respect it is to be noted that marriage contracts are almost relentlessly rigid, a fact that suggests an explanation of the length of the period that is usually required to terminate the negotiations. For it is only by many acts of attention and even of subservience that the suitor's relatives break down the obdurateness of the fiancé's relatives and make them relax the severity of their original demands. Very minute and strict accounts of the various payments, including such small donations as a few liters of rice, are recorded on a knotted rattan strip in anticipation of a final disagreement.

When it is decided that the marriage is not to take place by reason of the death of one of the affianced parties, the father and relatives of the fiancé must return all the purchase payments which may have been made. Custom provides that these payments shall be returned gradually, the idea being, presumably, to allow the fiancé's relatives an opportunity to profit by the donations of a new suitor, if one should present himself within a stipulated period. It will be readily understood that the nature of the debts incurred by an obligation to return marriage payments determines the character of the payments that will be exacted from a new suitor. Thus, if A's relatives, for good reasons, decide not to continue their suit for the hand of B's daughter, B would be granted a specified time in which to await the presentation of a new suitor for his daughter's hand. This new suitor would be required to bring a lance, for example, and other objects that would serve as first and more urgent payments to A.

In the case of fornication committed by a man with his fiancé, death may be the penalty if the girl's father desires to have the marriage broken off, but I was given to understand that such a heavy penalty is rarely inflicted, the girl's father contenting himself with imposing a heavy fine.

ILLEGITIMATE CHILDREN

In all my wandering among the Manóbos, I never knew nor heard of an illegitimate child, so can not say what regulations govern, if such births occur. In Mandáyaland the father of an illegitimate child is obliged to marry the girl and to enter his father-in-law's family in a state of semiservitude. The marriage takes place before the birth of the child.

I was told by Mandáyas that illegitimate children belong to the nearest male relative of the mother, that in case of her marriage they still belong to her relative, and that they are treated in all other respects as legitimate children.

EXTENT OF AUTHORITY OF FATHER AND HUSBAND

The laws governing family relations are very simple. The father has theoretically absolute power of life and death over his wife, children, and slaves. In practice, however, this power is seldom used to its full extent. An arbitrary exercise of domestic authority over his wife and children would arouse the antagonism of her relatives and lead to a rupture of friendly relations. Hence, in family dealings there are displayed on one side paternal affection and leniency and on the other filial devotion and a sense of duty, so much so that the members of the family live in peace and happiness with seldom a domestic grievance.

The wife, of course, is the absolute property of her husband, but is rarely, if ever, sold. I know of only one wife who was sold and she was a Bisáya woman married to a recently Christianized Manóbo.

It is not in accord with Manóbo custom for a man to have two or more wives unless the first wife consents to the later marriages, and, if she does consent, she must always be considered the man's favorite and must be allowed to have a kind of motherly jurisdiction over the other wives. In all cases that have come under my observation, this rule was followed among Manóbos but not among Mandáyas. The latter frequently seem more attached to their second, third, or fourth wives, but do not separate the first wife either from bed or board. As a result of the necessity of the first wife's consent to a second marriage, bigamy is comparatively rare.

RESIDENCE OF THE HUSBAND

The man is always expected to take up his residence in his wife's family and he nearly always does so. In fact, such is the implied and frequently the explicit contract made between his relatives and those of the girl. But after a few years, if not sooner, he usually takes his wife back to his own clan, leaving his father-in-law or other male relative of his wife some gift in the shape of a pig or other payment. In such a case it seems to be the custom for the father-in-law to acquiesce.

CRIMES AND THEIR PENALTIES

CRIMES

It must be laid down as a general principle that in Manóboland it is considered proper and obligatory to seek redress for all wrongs (except a few serious ones) by an appeal to the relatives of the wrongdoer, either directly by a formal meeting or indirectly through the mediation of a third party. The first exceptions to this rule are cases of adultery, fornication, rape, and homicide when the murderer, wantonly, and without an attempt to arbitrate, kills a fellow man. The great law of vengeance presupposes in nearly every case a recourse to arbitration, and not a hasty, unannounced, deliberate killing.

The one who orders the death of another or in any other way deliberately causes it is the one on whom vengeance must be taken. Thus, if A pays a neutral warrior chief to kill his opponent, the responsibility for the death will be laid, not on the warrior who did the killing (unless he had personal motives for committing the murder) but on the one who ordered the death. The warrior was paid and accordingly bears no responsibility. He may be paid again by the relatives of the slain to do a similar act to their enemies. Thus it is, that in Manóboland, it is very necessary to be on such terms of friendship with the members of the warrior class that they will not be inclined to undertake for payment the task of taking vengeance for another.

Killing for public policy is a recognized institution, but such executions very seldom take place. On the upper Tágo River word was sent to me that my guide would be killed if he led me into a certain remote region at the headwaters of that river. It was reported on all sides that the principal chiefs of the region had assembled before my departure and had decided upon his death. For some reason, probably fear, the sentence was not carried into effect.

It was reported to me that in time of an epidemic it is permitted to kill anyone who dares to break the quarantine.

Involuntary killing when it is manifest that it was a pure accident can be compounded.

THE PRIVATE SEIZURE

By the _tawágan_ system a Manóbo is permitted to kill or seize anything or anybody that he may decide upon, _provided that he has made every endeavor to settle the dispute by amicable means_. Having failed to adjust the matter without bloodshed, he may avenge himself, first and above all, on the guilty party. I will not make a positive statement to the effect that he must announce his intention to make use of the right accorded him by the _tawágan_ custom, but I am of opinion that this must be done, for in every instance that came under my observation it had been generally known beforehand that the aggrieved party would make a seizure within a specified time. I know that on one occasion I had to exact a promise from a man that he would not lay hands on merchandise of mine that was deposited under a house in the vicinity of his settlement. He had made public announcement that he would make a seizure, even though it should be that of my merchandise.

The aggrieved party in making use of his right must, if possible, inflict damage, even death, upon the debtor or other wrongdoer or on some of his relatives, but should this prove impracticable he is at liberty to select anyone. If he kills a neutral party, he must compound with the relatives of the slain one for the death inflicted and enter with them into a solemn promise to act jointly against the offending party. In the case of seizure, he can not dispose of the object seized until the owner be consulted. It is customary for the two to enter a compact by which they bind themselves to take joint action against the offender, advantageous terms being guaranteed to the new colleague. The man whose property is thus seized is very often one who has had an old-time grudge against the original offender or debtor.

PENALTIES FOR MINOR OFFENSES

Minor offenses such as stealing, slandering, failure to pay debts, deception that causes material damage to another, loss or damage to another's property, the lesser violations of sexual propriety, disrespect to another's property, etc., are punishable by fines that must be determined by the assembled relatives of the two parties. I have never been able to find the least trace of any definite system of fines. In the determination of them for the more serious of offenses (adultery, wanton killing, etc.), the equivalent of a human life, 15 or 30 pesos, is the basis of the calculation. In the case of minor offenses, however, lesser quantities are determined upon after a lengthy discussion of the subject by the respective relatives of the parties involved.

CUSTOMARY PROCEDURE

PRELIMINARIES TO ARBITRATION

The aggrieved party, upon hearing of the offense and after making many futile efforts to come to an agreement, consults with his relatives, when, after being assured of their cooperation he begins to issue threats, all of which reach the ear of his opponent. At first the latter probably is not disturbed by these, but, as they begin to pour in from all sources, he makes up his mind either to face his opponent in person, if the affair has not gone too far, or to look around for a friendly chief or other person of influence and sagacity to mediate. All this time new rumors of his enemy's anger and determination to appeal to arms reach him, but he must not display cowardice, neither must his opponent openly seek arbitration, for such an action would bespeak fear on both sides. So, on the part of the aggrieved one, there is menace, revenge, and a pretense at least not to be amenable to peaceable measures. On the part of the other, there must be no display of fear, no hurry to arbitrate, and a general indifference, at least simulated, as to the outcome. If the offending party answers threat by threat, his opponent may become incensed and hostilities may break out, as happens in other parts of the world.

In the meantime neighboring chiefs and influential people are throwing the weight of their opinions in favor of peace and if they prevail one or more of them are requested to assist in the final settlement, definite emolument sometimes being promised, especially when either of the contending parties is very anxious to have the matter settled.

It is the duty now of the mediating chiefs or other persons to bring the parties together. This they do either by inviting the contestants to a neutral house or by persuading one of them to invite the other to his house.

It may happen that the aggrieved party, instead of following this procedure, precipitates a settlement by sending a fighting bolo or a dagger or a lance to his opponent. This is an ultimatum. If the weapon is retained it means hostilities. If it is returned, it denotes a willingness to submit the matter to arbitration. But the one who receives the weapon probably will not return it at once as he desires to disguise, in the presence of his opponent's emissary, the bearer of the ultimatum, any eagerness he may feel for arbitration. Once having decided that he will submit the matter to arbitration or that he will yield, he announces to the messenger that he will visit his opponent within a specified period and talk matters over and that he is willing to have the affair settled but that his relatives are unwilling. If a bolo or other such object has been sent to him he returns it, for to retain it would signify his unwillingness to submit and his readiness to take the consequences.

A few days before the appointed time he orders drink to be made and he may go out on a big fishing expedition. He procures also a pig or two. With these, and accompanied by a host of male relatives, he sets out for the house that has been agreed upon. The pigs and drink and other things are deposited in a convenient place near the house, for it would be impolitic to display such proofs of his willingness to yield.

This is the procedure followed in more serious cases. Cases of lesser importance, which occur with great frequency, are settled almost informally in the following manner:

When the subject under dispute is not of such a serious nature, either in itself or by reason of aggravating circumstances, like quarrels or violent language that may have preceded it, the ordinary method of settling the trouble consists in a good meal given by one party to the other. Toward the end of the repast, when all present are feeling convivial from the effects of the drink, the question at issue, usually a debt, is taken up and discussed by the parties concerned and their respective relatives. It happens often that the matter is put off to another time, and thus it may require several semifriendly meetings to settle it. On the whole, however, the proceedings are terminated amicably, although I have seen a few very animated scenes at such times. On one occasion a member of the party, accompanied by his relatives, rushed down the pole and seizing his lance and shield challenged his adversary to single combat. The challenge was not accepted, so he and his party marched away vowing vengeance. I have seen bolos or daggers drawn on many occasions but the relatives and others always intervened to prevent bloodshed. It is to be noted that such violent actions are due often to the influence of drink but do not take place more frequently than drunken brawls do in other parts of the world.

When the case in question is of such an involved and serious character as to make it dangerous for the accused one to enter the house, he remains hidden till he ascertains how his relatives and friends are progressing. In other cases he personally attends and may argue in his own defense.[1]

[1] There is a very formal peace-making procedure followed by the Manóbos who have been in contact with the Banuáons of Maásam River, but I never witnessed it, so I can not give any first-hand information as to the details. In the chapter on war will be found such details as have been given to me by trustworthy Bisáyas of Talakógon.

GENERAL FEATURES OF A GREATER ARBITRATION

The general features of the procedure are the following: The policy of the aggrieved one and of his party is to maintain a loud, menacing attitude, and to insist on a fine three or four hundred times larger than they expect to be paid. The accused and his relatives keep up a firm attitude, not so firm, however, as to incense unduly their opponents, and from the beginning make an offer of a paltry sum in payment.

Although everybody at times may break into the discussion, or all may yell at the same time, the ordinary procedure is to allow each one to speak singly and to finish what he has to say. The others listen and assent by such expressions as correspond to our "yes indeed," "true," etc., whether they are in accord with the speaker's opinions or not. These lengthy talks are, at least to an outsider, most wearisome, given, as they are, in a dreary monotone, but they explain the inordinate length of arbitrations that may last for several days.

The whole party is squatted on the floor and makes use of grains of corn, of pieces of wood or leaf, of the bamboo slats of the floor, of their fingers and toes or of anything convenient, to aid them in the enumeration of the objects of which they treat. Everybody is armed, probably with his hand on his weapon, and his eyes alert. In very serious cases women and children may not be present. This, of course, is an indication of possible bloodshed and is a very rare occurrence.

The chiefs or other influential men who have been selected to aid each side in the settlement take a conspicuous part in the proceedings and help to influence the parties concerned to come to an understanding, but it can not be said that their word is paramount. The contestants' own relatives have more weight than anyone else. The procedure at a Manóbo arbitration may be likened to that of a jury when in retirement. Point after point is discussed, similitudes and allegories are brought up by each speaker until, after wearisome hours or days, the opinion of each side has been molded sufficiently to bring them into agreement. In one respect it differs from the jury method in that loud shouts and threats are made use of occasionally, proceeding either from natural vehemence or from a deliberate intention on one side to intimidate the other.

It is not good form for the defendant to yield readily. On the contrary, it is in accordance with Manóbo custom and character to yield with reluctance, feigned if not real. When a small pig is really considered a sufficient payment, a large one is demanded. When the pig is received and is really in conformity with the contract, defects are found in it--it is lean or sick or short or light in weight--in a word, it is depreciated in one way or another. The giver, on the contrary, exaggerates its value, descants on its size, length, form, and weight, tells of the exorbitant price he paid for it, reminds the receiver of the difficulty of procuring pigs at this season, and in general manifests his reluctance to part with it.

It must not be supposed that such actions and statements are believed at once. On the contrary, it is only after lengthy talks on each side that opinions are formed, an agreement entered into, a contract is drawn up, or reparation made. It is the identical case of stubborn jurymen.

In the settlement of these disputes much depends upon the glibness of tongue and on the sagacity of one or more of the principal men. For were it not for their skill in understanding the intricacies of the subject and in sidetracking irrelevant claims the disputes would be impossible of satisfactory arrangement. This will be understood more readily if it is borne in mind that outside of the reasonable facts of the case, counterclaims are made by the debtor or the accused party. These claims are sometimes of an extraordinary nature and date back to the time of his grandfather or other distant relative. Thus he may say that his opponent's great uncle owed his grandfather a human life and that this blood debt has never been paid nor revenge obtained. Such an affirmation as this will be corroborated by his relatives and they may immediately break out into menaces of vengeance. Again, he may aver that his opponent was reputed to have had a charm by which death might be caused, and that his son had died as a result of this use of evil magic powers. Whereupon the other vigorously repudiates the imputation and demands a slave in payment of the slander. It is only the popularity of the chief men, their reputation for fair dealing, their sagacity, and perhaps their relationship with the respective contestants that dispose of such side issues and bring about an amicable and satisfactory settlement.

It is customary for the one who loses to regale the assembly with a good meal. In Manóbo-land this latter is the great solace for all ills and the source of all friendship. So, when the question under dispute has been settled, the one who lost sends out and gets the pig and drink that have been brought for that purpose. When prepared, the food is set out on the floor, the guests are distributed in due order, and then begins one of those meals that must be witnessed in order to be understood. One feature of this feast is that the two former adversaries are seated together and vie with each other in reciprocating food and drink. As they warm up under the influence of the liquor they load large masses of food into each other's mouths, each with an arm around the other's neck.

Upon the following day, or perhaps that same day, the winner of the case reciprocates with another banquet. When that is finished, the other party may give another banquet and so they may continue, if their means permit, for many days. I assisted at one peacemaking in which the banqueting lasted for 10 successive days.

DETERMINATION OF GUILT

BY WITNESSES

The usual and natural method of determining the guilt of the accused is through the instrumentality of witnesses. They are questioned and requestioned at great length even if the defendant be not present. There seems to be no necessity for this procedure, for the defendant admits his guilt when brought face to face with the plaintiff or with the witnesses. The testimony of children is not only admissible but is considered conclusive. That of a woman testifying against a man for improper suggestions and acts is considered sufficient to convict him.

False testimony in the presence of witnesses and relatives is almost unheard of. I suppose that this marvel is to be attributed to the fear of the dire retribution that would infallibly overtake the false witness.

BY OATHS

Ordinarily no oath is administered nor any other formal means adopted to make certain that the accused or the witnesses will tell the truth, but there is a practice which is sometimes followed whenever the veracity of anyone is doubted. This is called _tó-tung_ or burning of the wax, a ceremony that may be used not only with witnesses but with anyone from whom it is desired to force the truth. I have used it very successfully on numerous occasions in getting information about trails. The ceremony consists in burning a piece of beeswax in the presence of the party to be questioned. This signifies that if he does not answer truthfully his body by some process of sympathetic magic, will be burned in a similar manner. After making his statement and while the wax is being burned, he expresses the desire that his body may burn and be melted like the wax if his statement is untrue. This is another example of the pervading belief in sympathetic magic.

BY THE TESTIMONY OF THE ACCUSED

In the various instances that have come under my observation, the guilty one, as a rule, vigorously denied his guilt until confronted in public assembly by his accusers, so that I judge that custom does not require him to make a self-accusation until that time. But when duly confronted with witnesses, he nearly always admits his guilt.

For if the defendant should deny his guilt and if there were no evidence against him other than suspicion, the injured party would be justified in inflicting injury on anyone else, according to the principles of the private-seizure system. If it should later be discovered that the defendant was the original offender, the innocent parties who were the victims of this seizure would ultimately take terrible vengeance on him. I was informed by the Debabáons that a false denial of one's guilt before the assembled arbiters and relatives is especially displeasing to the deities. I failed to get information on this point from Manóbos, but it would be fairly reasonable to conclude that their belief in the matter is identical with that of the Debabáons.

Should the accused one deny his guilt and should circumstantial evidence point to him as the guilty one, the wax-burning ceremony above described would be performed. If he should still maintain that he was innocent, various methods for the determination of his guilt would be resorted to.

BY ORDEALS

The tests made to determine the innocence or guilt of a person are threefold: (1) the hot-water ordeal, (2) the diving ordeal, and (3) the candle ordeal.

_The hot-water ordeal_.[2]--A brass anklet, armlet, or similar metal object is put into boiling water in one of the iron pans so common throughout the Agúsan Valley. The suspected party, or parties, is then called upon to insert a hand into the water and to remove the object that has been placed at the bottom of the shallow pan. Although I have heard many threats of an appeal to this test, I never saw the actual operation of it, but I have been assured repeatedly by those who claimed to have seen the performance that the hand of the guilty one gets badly scalded, while that of an innocent one remains uninjured. The belief in the truth of this test is so strong, that, at times when the ordeal was threatened, I have heard many express not only their willingness but their eagerness to undergo it.

[2] _Pag-ínit_.

I have made numerous and very definite inquires in different localities and from members of different tribes as to the reason for the value of the ordeal as a test and as to whether or not it might be explained by the agency of supernatural beings, but in reply always received the answer that no reason could be given except that it had always been so and that religion had no connection with it.

_The diving ordeal_.[3]--I never witnessed the actual operation of this ordeal except in play, but the belief in its efficacy is strong and widespread. The operation consists in a trial between the parties under suspicion as to the length of time they can remain under water. Two at a time undergo the test. The one that retains his head under water longer is declared innocent for the time being, but has to undergo the test with each one of the suspected parties. This method seems impossible as a final proof, but such is the procedure as described to me on the upper Tágo River.

[3] _Sún-ub_.

Another and more common method is a simultaneous trial by all the accused. At a given signal they submerge their heads. The one that first raises his from the water is declared guilty. I was told by one party that the respective relatives of the accused ones stand by and hold them down by main force. This statement was corroborated by all those present at the time, but, as neither my informant nor anyone else could explain what it would be necessary to do in case of asphyxiation, I do not give credence to the story.

On numerous occasions I made diving tests in sport with Manóbos and found that I could retain my breath longer than they could. They assured me, nevertheless, that if the test were made as an ordeal and if I were the guilty party, I would infallibly lose.

_The candle ordeal_.--Among the Christianized Manóbos of the lake region I found the belief in the efficacy of the candle ordeal for determining the guilt of one of the suspected parties. Candles of the same size are made and are given to the suspects, one to each of them. They are then stuck to the floor and lit at the same time. The contestants have the right to keep them erect and to protect them from the wind. The one whose candle burns out first is declared guilty.

A belief in the value of ordeals is widespread, but the actual practice of them is very rare. No reason for this has been given to me, although it is stated that the refusal to submit to one would be considered evidence of guilt.

BY CIRCUMSTANTIAL EVIDENCE

In Manóboland circumstantial evidence, in the absence of other evidence, has sufficient weight to convict one who is under suspicion. Hence footprints and other traces of a man's presence are carefully examined. In fact, as a gatherer of testimony, even of the most insignificant kind, the Manóbo is peerless; he is patient, ceaseless, and thorough. This is due, no doubt, to his cautious, suspicious nature and to that spirit of revenge that never smolders. He may wait for years until the suspicion seems to have died out, when one fine day he hears a rumor that confirms his suspicions and the flame of contention bursts forth. One by one the successive bearers of the incriminating rumor are questioned in open meeting until the truth of it is ascertained and the guilty one brought to justice. I have known many cases, principally of slander, traced in this way from one rumor bearer to another. This illustrates the statement made before that in cases involving damage or loss to another the guilty party and the witnesses as a rule declare the truth, when they are called upon, knowing that one day or another the secret will probably be ferreted out and then the punishment will be greater.

ENFORCEMENT OF THE SENTENCE

The sentence having been agreed to by the consensus of opinion of both sides, and the defendant having manifested his concurrence therein, a time is set for the payment. When the offense is of a very serious character, partial payment is made at once, the object being to mollify the feelings of the enraged plaintiff. This payment ordinarily consists of a weapon belonging either to the defendant himself or to one of his relatives, but in urgent cases it might be a human being, as a relative for instance. I myself saw delivery of a son made after the termination of an adultery case.

The whole payment or compensation is not exacted at once but a suitable length of time for the completion of it is always agreed upon. The defendant receives a strip of rattan with a number of knots and is at times made to take the wax-burning oath.

His conduct on these occasions is apparently submissive for he does not want to run counter to tribal opinion, but it happens sometimes that upon leaving the house of adjudication he expresses his dissatisfaction with the decision or throws the blame upon somebody else. In this case there may arise another contention. On the whole, however, he abides by the decision.

In the great majority of cases the convicted man makes the stipulated payment, for a refusal to do so would lead to more serious difficulties than those already settled, and excuses for nonfulfillment are not accepted as readily as before. Moreover, a second arbitration subjects his opponent and his opponent's relatives to unnecessary trouble and long journeys. Hence, realizing that a second trial will only serve to exasperate his opponent and arm public opinion against him, he fulfills his obligations faithfully.