Crimes, detection and punishment

Theft, lying to shield oneself in some criminal act, assault and battery, adultery, and murder are the chief crimes against Igorot society.

There are tests to determine which of several suspects is guilty of a crime. One of these is the rice-chewing test. The old men of the Page 169ato interested assemble, in whose presence each suspect is made to chew a mouthful of raw rice, which, when it is thoroughly masticated, is ejected on to a dish. Each mouthful is examined, and the person whose rice is the driest is considered guilty. It is believed that the guilty one will be most nervous during the trial, thus checking a normal flow of saliva.

Another is a hot-water test. An egg is placed in an olla of boiling water, and each suspect is obliged to pick it out with his hand. When the guilty man draws out the egg the hot water leaps up and burns the forearm.

There is an egg test said to be the surest one of all. A battle-ax blade is held at an angle of about 60 degrees, and an egg is placed at the top in a position to slide down. Just before the egg is freed from the hand the question is asked “Is Liod (the name of the man under trial) guilty?” If the egg slides down the blade to the bottom the man named is innocent but if it sticks on the ax he is guilty.

There is also a blood test employed in Bontoc pueblo, and also to the west, extending, it is said, into Lepanto Province. An instrument consisting of a sharp spike of iron projecting about one-sixteenth of an inch from a handle with broad shoulders is placed against the scalp of the suspects and the handle struck a sharp blow. The projecting shoulder is supposed to prevent the spike from entering the scalp of one farther than that of another. The person who bleeds most is considered guilty—he is “hot headed.”

I was once present at an Igorot trial when the question to be decided was whether a certain man or a certain woman had lied. The old men examined and cross-questioned both parties for fully a quarter of an hour, at which time they announced that the woman was the liar. Then they brought a test to bear evidence in binding their decision. They killed a chicken and cut it open. The gall was found to be almost entirely exposed on the liver—clearly the woman had lied. She looked at the all-knowing gall and nodded her acceptance of the verdict. If the gall had been hidden by the upper lobe of the liver, the verdict would not have been sustained.

If a person steals palay, the injured party may take a sementera from the offender.

If a man is found stealing pine wood from the forest lands of another, he forfeits not only all the wood he has cut but also his working ax.

The penalty for the above two crimes is common knowledge, and if the crime is proved there is no longer need for the old men to make a decision—the offended party takes the customary retributive action against the offender.

Cases of assault and battery frequently occur. The chief causes are lovers’ jealousies, theft of irrigating water during a period of drought, Page 170and dissatisfaction between the heirs of a property at or shortly following the time of inheritance.

It is customary for the old men of the interested ato to consider all except common offenses unless the parties settle their differences without appeal.

A fine of chickens, pigs, sementeras, sometimes even of carabaos, is the usual penalty for assault and battery.

Adultery is not a common crime. I was unable to learn that the punishment for adultery was ever the subject for a council of the old men. It seems rather that the punishment—death of the offenders—is always administered naturally, being prompted by shocked and turbulent emotions rather than by a council of the wise men. In Igorot society the spouse of either criminal may take the lives of both the guilty if they are apprehended in the crime. To-day the group consciousness of the penalty for adultery is so firmly fixed that adulterers are slain, not necessarily on the spur of the moment of a suspected crime but sometimes after carefully laid plans for detection. A case in question occurred in Suyak of Lepanto Province. A man knew that his faithless wife went habitually at dusk with another man to a secluded spot under a fallen tree. One evening the husband preceded them, and lay down with his spear on the tree trunk. When the guilty people arrived he killed them both in their crime, thrusting his spear through them and pinning them to the earth.

Among a primitive people whose warfare consists much in ambushing and murdering a lone person it is not always possible to predict whether the taking of human life will be considered a criminal act or an act of legitimate warfare.

It is considered warfare by the group of the murdered person, and as such to be met by return warfare unless the group of the murderer is a friendly one and at once comes to the offended people to sue for continued peace. This applies to political groups within a pueblo as well as to the people of distinct pueblos.

When murder is considered simply as a crime, its punishment may be one of two classes: First, the murderer may lose his life at the hands of his own group; second, the crime may be compounded for the equivalent of the guilty man’s property. In this case the settlement is between the guilty person and the political group of the victim, and the value of the compound is consumed by feastings of the group. No part of the price is paid the family of the deceased as a compensation for the loss of his labor and other assistance.

The three following specific cases of misdemeanors will illustrate somewhat, more fully the nature of differences which arise between individuals in pure Igorot society:

In Samoki early in November, 1902, Bisbay pawned an iron pot—a Page 171sugar boiler—to Yagao for 4 pesos. In about two months, when sugar season was on, Bisbay went to redeem his property, but Yagao would neither receive the money nor give up the boiler. The old men of the ato counseled together over the matter, and, as a result, Yagao received the 4 pesos and returned the pot, and the matter was thus amicably settled between the two.

Early in January, 1903, Mowigas, of the pueblo of Ganang, cut and destroyed the grasshopper basket of Dadaag, of the pueblo of Mayinit, and also slightly cut Dadaag with his ax, but did not attempt to kill him. The cause of the assault was this: Mowigas had killed a chicken and was having a ceremonial in his house at the time Dadaag passed with his basket of grasshoppers. According to Igorot custom he should not have taken grasshoppers past a house in which such a ceremony was being performed. The breach made it necessary to hold another ceremony, killing another chicken. Old men from Mayinit, the pueblo of Dadaag, came to Ganang and told Mowigas he would have to pay 3 pesos for his conduct, or Mayinit would come over and destroy the town. He paid the money, whereas the basket was worth only one-sixth the price. Trouble was thus averted, and the individuals reconciled. In this case the two pueblos are friends, but Mayinit is much stronger than Ganang, and evidently took advantage of the fact.

In January, 1903, a woman and her son, of Titipan, stole camotes of another Titipan family. The old men of the two ato of the interested families fined the thieves a hog. The fine was paid, and the hog eaten by the old men of the two ato.

Very often the fine paid by the offender passes promptly down the throats of the jury. However, it is the only compensation for their services in keeping the peace of the pueblo, so they look upon it as their rightful share—it is the “lawyer’s share” with a vengeance.