Don Stefano was the first to overcome the feeling of terror which involuntarily pervaded him. "Well!" he said, with a contemptuous tone, and a clear, cutting voice; "if it be not you, where is this accuser? Will he hide himself, now that the hour has arrived? Will he recoil before the responsibility he has assumed? Let him appear – I am ready for him!"

Don Miguel shook his head. "When he does appear, you may, perhaps, find that he has come too soon," he answered.

"What do you want with me, then?"

"You shall hear."

Don Miguel was pale and sombre; a sad smile played round his discoloured lips; it was evident that he was making extraordinary exertions to overcome his weakness and keep his seat. After a few moments' consideration, he raised his head. "What is your name?" he asked.

"Don Stefano Cohecho," the accused answered without hesitation.

The judges exchanged a glance.

"Where were you born?"

"At Mazatlán, in 1808."

"What is your profession?"

"Merchant, at Santa Fé."

"What motive brought you into the desert?"

"I have told you already."

"Repeat it!" Don Miguel said, with perfect coldness.

"I would remark that these questions, perfectly unnecessary for you, are beginning to grow tiresome."

"I ask you what motive brought you into the desert?"

"The failure of several of my correspondents compelled me to take a journey, in the hope of saving some fragments of my endangered fortune. I am in the desert, because there is no other road to the town I wish to reach."

"Where are you going?"

"To Monterey. You see the docility with which I answer all your questions," he said, with the impertinent tone he had assumed ever since he was led before his judges.

"Yes," Don Miguel replied, slowly, and laying a stress on each word, "you display great docility. I wish, for your own sake, you were equally truthful."

"What do you mean by that remark?" Don Stefano asked, haughtily.

"I mean that you have answered each of my questions with a falsehood," Don Miguel said, coolly and drily.

Don Stefano frowned, and his tawny eye emitted a flash. "Caballero!" he said, violently, "such an insult – "

"It is no insult," the adventurer answered, in his old tone; "it is the truth, and you know it as well as I."

"I should be curious to know the meaning of this," the Mexican tried to say.

Don Miguel looked at him fixedly; and, in spite of his impudence, Don Stefano could not endure the glance.

"I will satisfy you," the adventurer said.

"I am listening."

"To my first question you answered that your name was Don Stefano Cohecho?"

"Well?"

"That is false; for your name is Don Estevan de Real del Monte."

The accused gave a slight start. Don Miguel continued: – "To my second question, you replied that you were born at Mazatlán, in 1808. That is false; you were born at Guanajuato, in 1805."

The adventurer waited a moment, to give the man he addressed time to reply. But Don Estevan, whose right name we will in future adhere to, did not think it advisable to do so. He remained cold and gloomy. Don Miguel smiled contemptuously, and continued: —

"To my third question, you answered that you carried on the business of a merchant, and were established at Santa Fé. That is all false. You never were a merchant. You are a senator, and reside in Mexico. Lastly – You said you were only crossing the desert on your road to Monterey, where the interests of your pretended business called you. As for the latter assertion, I need hardly, I believe, prove its falsehood to you, for that is palpable from the other answers you made. Now I await your reply, if you have one to make – which I doubt."

Don Estevan had had time enough to recover from the rude blow he had received; hence he did not feel alarmed, as he believed he could guess whence the attack came, and by what means those in whose presence he now was had obtained this information about him. Hence he replied in a sarcastic tone, and drawing in his lips spitefully, – "Why do you fancy I cannot answer you, Caballero? Nothing is more easy; on the contrary, cáspita! because, during my fainting fit, you – shall I say robbed me? No, I am polite; I will therefore say – adroitly carried off my portfolio; and because, after opening it, you obtained certain information, you throw it in my face, convinced that I shall feel disarmed by your being so conversant with my affairs. Nonsense! You are mad, on my soul. All these things are absurdities, which will not bear analysis. Yes, it is true that my name is Don Estevan. I was born at Guanajuato, in 1805, and am a senator – what next? Those are strong motives on which to base an accusation against a Caballero! Cuerpo de Cristo! Am I the only man in the desert who assumes a name other than his own? By what right do you, who only call each other by your surnames, wish to prevent me from following your example? It is the height of absurdity; and if you have no better reason to allege, I must ask you to let me go and attend to my affairs in peace."

"We have others," Don Miguel answered, in an icy tone.

"I know your reasons. You, Don Miguel, who are also called Don Torribio, and sometimes Don José, accuse me of having laid a trap for you, from which you were only saved by a miracle. But that is a matter between ourselves, in which Heaven alone must be the arbiter."

"Do not bring that name forward. I have already told you that I was not your accuser, but your judge."

"Very good. Restore me my portfolio, and let us stop here, believe me, for in all this there is no advantage for you, unless you have resolved to assassinate me, which is very possible; and in that case I am at your service. I do not pretend to contend against the thirty or forty bandits who surround me. So kill me if you think proper, and let us have an end of it."

Don Stefano uttered these words with a tone of sovereign contempt, which his judges, like men whose mind is made up beforehand, did not appear to notice.

"We have not stolen your portfolio," Don Miguel answered; "not one of us has seen it, much less opened it. We are not bandits, and have no design to assassinate you. We are assembled to try you according to the regulations of Lynch Law; and we perform this duty with all the impartiality of which we are capable."

"If that be the case, let my accuser appear, and I will confound him. Why does he hide himself so obstinately? Justice must be done in the sight of all. Let this man come, who asserts that he has such heavy crimes to bring against me – let him come, and I will prove him a vile calumniator."

Don Estevan had scarcely uttered these words, ere the branches of a neighbouring bush were drawn back, and a man appeared. He walked hastily toward the Mexican, and laid his hand boldly on his shoulder.

"Prove to me, then, that I am a vile calumniator, Don Estevan," he said, in a low and concentrated voice, as he regarded him with an expression of implacable hatred.

"Oh," Don Estevan exclaimed, "my brother!" and lolling like a drunken man, he recoiled a few paces, his face covered with a deadly pallor, his eyes suffused with blood, and immeasurably dilated. Don Mariano held him with a firm hand, to prevent him falling on the ground, and placed his face almost close to his.

"I am your accuser, Estevan," he said. "Accursed one, what have you done with my daughter?"

The other made no reply. Don Mariano regarded him for a moment with an expression impossible to describe, and disdainfully threw him off with a gesture of sovereign contempt. The wretch tottered, and stretched out his arms, trying instinctively to keep up; but his strength failed him; he fell on his knees, and buried his face in his hand, with an expression of despair and baffled rage, the hideousness of which no pencil could render.

The spectators remained calm and stoical. They had not uttered a word or made a sign; but a secret terror had seized upon them, and they exchanged looks which, if the accused had seen them, would have revealed to him the fate which in their minds they reserved for him.

Don Mariano gave his two servants a signal to follow him, and, with one on either side, he took his place in the centre of the clearing, in front of the improvised tribunal, and began speaking in a powerful, clear, and accented voice. "Listen to me, Caballeros, and when I have told you all I have to say about the man you see there crushed and confounded, before I had even uttered a word, you will judge him according to your conscience, without hatred or anger. That man is my brother. When young, for a reason it is unnecessary to explain here, my father wished to drive him from his presence. I interceded for him, and though I did not obtain his entire pardon, still he was tolerated beneath the paternal roof. Days passed, years slipped away; the boy became a man; my father, at his death, gave me his whole fortune, to the prejudice of his other son, whom he had cursed. I tore up the will, summoned that man to my side, and restored him, a beggar and a wretch, that share of the wealth and comfort of which his father, in my opinion, had not the right to deprive him."

Don Mariano stopped, and turned to his servants. The two men stretched out their right hands together, took off their hats, and said, in one voice, as if replying to their master's dumb questioning, – "We affirm that all this is strictly true."

"Hence this man owed me everything – fortune, position, future; for, owing to my influence, I succeeded in having him elected a senator. Let us now see how he rewarded me for so many kindnesses, and the extent of his gratitude. He had succeeded in making me forget what I regarded as errors of youth, and persuade myself that he was entirely reformed: his conduct was ostensibly irreproachable; under certain circumstances, he had even displayed a rigour of principle, for which I was obliged to reprove him; in a word, he had succeeded in making me his dupe. Married, and father of two children, he brought them up with a strictness which, in my eyes, was a proof of his reformation; and he carefully repeated to me often – 'I do not wish my children to become what I have been.' Owing to one of those numberless pronunciamientos which undermine and dismember our fine country, I was an object of suspicion to the new government, through some dark machination, and compelled to fly at once to save my threatened life, I knew not to whom to confide my wife and daughter, who, in spite of their desire, could not follow me. My brother offered to watch over them. A secret presentiment, a voice from heaven, which I did wrong to despise, warned my heart not to put faith in this man, nor accept his proposition. Time pressed; I must depart; the soldiers sent to arrest me were thundering at the door of my house; I confided what was dearest to me in the world to that coward there, and fled. During the two years my absence lasted, I wrote letter after letter to my brother, and received no reply. I was suffering from mortal alarm, and was almost resolved, at all risks, to return to Mexico, when, thanks to certain friends who were indefatigable in my behalf, my name was erased from the list of postscripts, and I was permitted to return to my country. Scarcely two hours after receiving the news, I set out. I arrived at Veracruz four days later. Without taking time to rest, I mounted a horse, and galloped off, only leaving my wearied steed to take another, along the seventy leagues of road separating the capital from the port, and dismounted at my brother's door. He was away, but a letter from him informed me that, compelled by urgent business to proceed to New Orleans, he would return in a month, and begged me to await him. But not a word about my wife and daughter; not a syllable about the fortune I had entrusted to him. My alarm was changed into terror, and I presaged a misfortune. I left my brother's house, half mad, remounted the almost foundered horse that had brought me there, and proceeded as rapidly as possible to my own house. Windows and doors were closed; the house I had left so gay and animated was silent and gloomy as a tomb. I stood for a moment, not daring to rap at the door. At length I made up my mind, preferring the reality, however horrible it might be, to the uncertainty which drove me mad."

At this point in his story Don Mariano stopped. His voice was broken by the internal emotion he experienced, and which it was impossible for him to master any longer.

There was a solemn silence. Don Estevan had not changed his position. Since the beginning of his brother's narrative, he appeared to be plunged in profound grief, and crushed by remorse.

Presently, Bermudez, seeing that his master was incapable of continuing his narrative, took the word in his turn, – "It was I who opened the door. Heaven is my witness that I love my master, and unhesitatingly would lay down my life for him. Alas! I was fated to cause him the greatest grief it is possible for a man to suffer – forced to answer the questions he pressed on me. I told him of the decease of his wife and daughter, who had died a few weeks after each other in the convent of the Bernardines. The blow was terrible; Don Mariano fell as if struck by lightning. One evening, when, as was his custom since his return, Don Mariano was alone in his bedroom, with his face buried in his hands, giving way to sorrowful reflections, while regarding, with eyes full of tears, the portrait of the dear beings he was never to see again, a man wrapped up in a large cloak, and with a sombrero pulled down over his eyes, demanded speech of señor de Real del Monte. On my remarking that his Excellency saw nobody, this man insisted with strange tenacity, declaring he had to hand to my master a letter, the contents of which were of the utmost importance. I know not how it was, but the man's tone appeared to me so sincere, that, in spite of myself, I infringed the positive orders I had received, and led him to Don Mariano."

That gentleman at this moment raised his head, and laid his hand on the old servant's arm. "Let me continue now, Bermudez," he said. "What I have to add is not much."

Then, turning to the hunters, who still appeared cold and apathetic, he went on, – "When this man was in my presence, he said, without any introductory remarks, 'Excellency, you weep for two persons who were very dear to you, and whose fate is unknown to you.' 'They are dead,' I replied. 'Perhaps so,' he said. 'What will you give the man who brings you, I will not say good news, but a slight hope?'"

"Without replying, I rose, and went to a cabinet, in which I kept my gold and jewels. 'Hold out your hat,' I said to him. In a second the hat was full of gold and diamonds. The stranger put them all out of sight, and said, with a low bow, – 'My name is Pepito; I am a little of all trades. A man, whose name you need not know, gave me this strip of paper, with orders to hand it to you immediately on your arrival in Mexico. I only learned your return this morning, and have now come to carry out the order I received.'"

"I tore the paper from his hands, and read it, while Pepito deluged me with thanks, to which I did not listen, and then retired. This was what the paper contained."

Don Miguel stretched out his arm toward Don Mariano.

"'A friend of the Real del Monte family,'" the Gambusino said, in a loud voice, "'warns Don Mariano that he has been shamelessly deceived by the man in whom he placed entire confidence, and who owed everything to him. That man poisoned Doña Serafina de Real del Monte. Don Mariano's daughter was buried alive in the In pace of the Bernardine convent. If señor del Monte desires to examine thoroughly the frightful machinations of which he has been the victim, and perchance see again one of the two persons whom the man who deceived fancied had disappeared for ever, let Don Mariano keep the contents of this letter the most profound secret, feign the same ignorance, but quietly make preparations for a long journey, which no one must suspect. On the next 5th November, at sunset, a man will be at the Teocali do Quinametzin (the Giant). This man will accost Don Mariano by pronouncing two names, those of his wife and daughter. Then he will tell him all that he is ignorant of, and perhaps be able to restore him a little of the happiness he has lost.' The note ended here, and was not signed."

"That is true," Don Mariano said, utterly astounded; "but how did you learn these details? It was doubtlessly yourself who – "

"When the time arrives, I will answer you," Don Miguel said, in a peremptory tone. "Go on."

"What more shall I say? I started for the strange meeting promised me, nourishing in my heart I know not what mad hopes. Alas! man is so constituted that he clings to everything which can aid him in doubting a misfortune. This day, God, who has probably taken pity on me, made me meet the man who is my brother; the sight of him caused me an astonishment I cannot express. How could it be him, when he had written me he was gone to New Orleans? A vague suspicion, which I had hitherto repulsed, gnawed at my heart with such force, that I began to believe, though it appeared to me very horrible, that my brother was the traitor to whom I owed all my misfortunes. Still I doubted, I was undecided, when this portfolio, lost by the wretch and found by the Indian Chief, Flying Eagle, suddenly tore off the thick bandage that covered my eyes, by giving me all the proofs of the odious machinations and crimes committed by this wretch, this cruel fratricide, for the ignoble object of robbing me of my fortune to enrich his children. Here is the portfolio. Read the papers it contains, and decide between my villainous brother and myself."

While saying this, Don Mariano offered the portfolio to Don Miguel, who, however, declined it.

"Those proofs are unnecessary for us, Don Mariano," he said; "we possess others more convincing still."

"What do you mean?"

"You shall understand." And Don Miguel rose.

Without being able to explain why it was so, Don Estevan felt a shiver all over his body, for he guessed, by a species of intuition, that his brother's accusation contained nothing so terrible as the facts Don Miguel was preparing to reveal. He threw up his head slightly, bent forward, and with panting chest and dilated nostrils, fascinated, as it were, by the chief of the adventurers, he awaited, with constantly increasing anxiety, what Don Miguel was going to say.

CHAPTER XX
THE JUDGMENT

The sun had disappeared on the horizon; shadows had assumed the place of light; the darkness falling from the sky had covered the forest with an impenetrable brown shroud. The Gambusinos lighted branches of ocote, and then the clearing, in which the events we are describing took place, was fantastically lighted by torches, whose flickering, ensanguined glare played on the trees and the persons collected under their dense foliage, and gave the whole scene a strange and sinister stamp.

Don Miguel, after looking around to demand attention, began speaking: – "As you have found that portfolio," he said, "I have nothing more to tell you. It was really your brother who committed the fearful crime with which you charge him. Fortunately, his object could not be completely attained. Your wife is dead, it is true, Don Mariano; but your daughter still lives. She is in safety, and it was I who was fortunate enough to tear her from her tortures, and from that In pace in which she was thrust alive. I will restore your daughter to you, Don Mariano, pure and uncontaminated as when I took her from her tomb."

Don Mariano, so fierce in grief, was unable to bear joy. The commotion the news produced was so violent, that he rolled unconsciously on the ground; clasping his hands fervently with a last effort to thank Heaven for having granted him so much joy, after visiting him with so much suffering. The gentleman's servants, aided by several Gambusinos, hastened round him, and paid him all the attention his condition demanded.

Don Miguel allowed time for the emotion produced by Don Mariano's fall to calm, and then made a sign for silence. "It is now our turn, Don Estevan," he said. "Furious at seeing one of your victims escape you, you did not fear to pursue her even to this spot. Knowing that it was I who saved her, you laid a snare for me, in which you hoped I should perish. The hour has arrived to settle our accounts."

On seeing that he no longer had his brother as his adversary, Don Estevan regained all his boldness and impudence. At this address he drew himself up coldly, and fixed a sarcastic glance on the young man. "Oh! oh!" he said ironically; "my good gentleman, you would not be sorry to assassinate me, eh? so as to make me hold my tongue. Do you fancy me the dupe of the fine sentiments you utter so complacently? Yes, you saved my niece, that is true; and I should thank you for it, did I not know you so thoroughly."

At these singular words, his hearers made a movement of surprise, which did not escape Don Estevan's notice. Satisfied with the effect he found he had produced, he went on.

The scoundrel had judged the question at the first glance. Unable completely to exonerate himself, he resolved to turn the difficulty, which he expected to do the more easily, because the only person capable of contradicting him was unable to hear him and put matters in the right light. He assumed a placid countenance, and said, with affected honesty: – "Good heavens! not one of us is infallible. Who does not commit an error, at least once in his life? Far from me be the thought of lessening the opprobrium of the deed I am accused of. Yes, I broke my pledged faith; I deceived my brother, the man to whom I owed all. You see, Caballeros, that I do not attempt to exculpate myself; but between that fault and the committal of a crime, there is a vast difference, and, thanks to Heaven, I cannot be accused of an assassination; and I throw back the responsibility of this shameful deed on the right person."

"Who is that man?" Don Miguel asked, involuntarily astonished and terrified by the fellow's cunning.

"Oh," he said, with imperturbable coolness, "I will throw the responsibility on those too zealous people who ever understand much more than they should understand, and who, either through covetousness or some other motive, always go further than they ought. I confess that I certainly desired to get hold of my brother's fortune; but I intended to do so legally."

The Gambusinos, all scoundrels gifted with a marvellously elastic conscience, which naturally rendered them very unscrupulous as to deeds more or less reprehensible, were, however, terrified on hearing such a theory. They asked each other, in a low voice, with the simple credulity of semi-savages, if the man before them, who spoke thus, were really their fellow being, or whether the Evil Spirit had not assumed this shape in order to deceive them?

"Understand me clearly, Caballeros," Don Estevan continued, in a voice growing, every moment firmer, "the Mother Superior of the Bernardines is my relative, and has an unbounded affection for me. When I let her see through my plans, she urged me to persevere, assuring me that she knew an infallible means to make my projects succeed. I believed her words the more easily, because these means were very simple, and consisted in compelling my niece to take the veil. I looked no further, I swear to you. Poor child, I loved her too dearly to desire her death! All went on as I desired, though I in no way interfered; my sister-in-law died; that death seemed to me perfectly natural, after the numberless sorrows that had overpowered her. I am accused of having poisoned her. It is false! Perhaps she was so; I will not affirm the contrary; but in that case my relative must be accused of the crime, whose object it was, evidently, to bring the fortune I coveted nearer to my grasp. I wrote at once to my brother, telling him of this death, which really grieved me; but he did not receive the letter. I see nothing astonishing in that, because he was continually going from town to town, as his fancy led him. I frequently went to the convent to visit my niece; she seemed to me determined to take the veil. The Mother Superior, for her part, incessantly told me not to trouble myself about anything; hence I let matters go on without any interference on my part. On the day my niece was to take the veil, I went to the convent; then, something unusual and scandalous occurred. At the moment of professing, the girl refused distinctly to become a nun, and I retired in despair at this misadventure. In the evening, a nun came to my house and told me that my niece, after a very violent scene with the Mother Superior, had been attacked by congestion of the brain, and died suddenly. This news caused me considerable grief. All night I walked about my room, deploring the irreparable misfortune which overwhelmed my unhappy brother. On reflection, a suspicion sprung up in my mind. This death appeared to me peculiar, and I dreaded a crime. In order to clear up my doubts, I hurried to the convent at daybreak; there a fresh surprise awaited me. The community were upset – terror was visible on every face. During the night a band of armed men entered the convent; my niece was torn from her tomb and carried off by these men, who at the same time took away a young novice. Then, convinced that I was not deceived, and that a crime had been committed, I shut myself up with the Mother Superior in her cell, and, by menaces and entreaties, succeeded in dragging the truth from her. My horror was extreme on learning that my unfortunate niece had really been interred alive. One thing was left me to do; one duty to fulfil. I must discover traces of her, rescue her, and restore her to her father's arms. I did not hesitate, but set out two days later. That is the entire truth; my conduct has been reprehensible, even culpable; but, I swear it, it has not been criminal."

The audience had listened to this daring justification with icy silence. When Don Estevan stopped speaking, not a sign of approval gave him a hope of having convinced his hearers.

"Supposing – though I do not admit it, for there are too many proofs to the contrary – that what you assert be true," Don Miguel answered him, "for what reason did you wish to assassinate me, when I had saved her whom you had wished to restore to her father's arms?"

"Do you not understand that?" Don Estevan exclaimed, in feigned surprise. "Must I tell you everything?"

"Yes, everything," the young man answered, coldly.

"Well, yes, I did wish to assassinate you, because at the Presidio de Tubar I was assured that you had only carried off my niece for the purpose of dishonouring her. I wished to avenge on you the outrage I believed you had done her."

Don Miguel turned pale at this insult. "Villain!" he shouted, in a voice of thunder, "do you dare to utter such an atrocious calumny?"

The auditors had started in horror at Don Estevan's words, and, feeling himself conquered, in spite of all his audacity, he was compelled to bow his head beneath the weight of the general reprobation.

Marksman then rose. "Caballeros," he said, "you have heard the accusation brought against this man by his brother. During the whole time that accusation lasted, you remarked his countenance; now you have heard his defence. We have allowed him to say what he pleased, without trying to interrupt or intimidate him: the hour has now arrived to pronounce judgment. It is always a serious thing to condemn a man, even the worst of malefactors. Lynch law, you know as well as I, admits no compromises; it kills or it acquits. Although chosen to try this man, we will not alone assume the responsibility of the act. Reflect, then, seriously before answering the questions I shall address to you, and, before all, remember that on your answer depends the life or death of this wretched man. Caballeros, on your soul and conscience, is this man guilty?"

There was a moment of supreme silence; all the faces were grave, all hearts beat forcibly. Don Estevan, with frowning brow, pale face, but firm look – for he was brave – waited, a prey to an anxiety which he could only conceal by the firmness of his will.

Marksman, after waiting several minutes, went on in a slow and solemn voice, – "Caballeros, is this man guilty?"

"Yes!" all exclaimed, unanimously.

At this moment, Don Mariano, through the care of his servants, was beginning to give signs of life, precursors of his return to consciousness. Brighteye bent over to Marksman. "Is it right," he whispered, "that Don Mariano should be present at his brother's condemnation?"

"Certainly not," the old hunter said, quickly; "the more so, as now that the first outbreak of wrath has passed, he would probably intercede in his favour. But how shall we get him away?"

"I'll manage that, and take him to the Gambusinos' camp."

"Make haste!"

Brighteye rose, and walked to Bermudez, in whose ear he whispered a few words; then the two servants, taking their master under the arms, disappeared with him in the thickets, followed by the hunter and Eglantine, to whom the Canadian had made a sign to come. In the state of agitation and excitement the Gambusinos were in, no one noticed this departure, and not even the sound of several horses going away was heard.

Don Estevan alone noticed this removal, the purpose of which he understood. "I am lost," he muttered.

Marksman made a sign, and silence was restored, as if by enchantment. "What penalty does the culprit deserve?" he asked.

"Death!" the audience replied, like a funeral echo.

Then, turning to the condemned man, Marksman continued – "Don Estevan de Real del Monte, you, who came into the desert with criminal intentions, have fallen beneath the stroke of Lynch law; it is the law of God; eye for eye, tooth for tooth; it admits of only one punishment, that of retaliation; it is the primitive law of old times restored to humanity. You condemned a hapless maiden to be buried alive, and perish of hunger. You will also be buried alive, to die of hunger; but as you might long call on death ere it came to your aid, we will give you the means to put an end to your sufferings when the courage to endure them longer fails you. We are more merciful than you were to your unhappy victim; for you will be only interred up to the armpits, your left arm will remain at liberty, and we will place within your reach a pistol, with which you can blow out your brains when you have suffered sufficiently. I have spoken. Is this sentence just?" he added, addressing his audience.