JOAM DACOSTA had relied entirely on Judge Albeiro, and his death was most unfortunate.

Before he was judge at Manaos, and chief magistrate in the province, Ribeiro had known the young clerk at the time he was being prosecuted for the murder in the diamond arrayal. He was then an advocate at Villa Rica, and he it was who defended the prisoner at the trial. He took the cause to heart and made it his own, and from an examination of the papers and detailed information, and not from the simple fact of his position in the matter, he came to the conclusion that his client was wrongfully accused, and that he had taken not the slightest part in the murder of the escort or the theft of the diamonds--in a word, that Joam Dacosta was innocent.

But, notwithstanding this conviction, notwithstanding his talent and zeal, Ribeiro was unable to persuade the jury to take the same view of the matter. How could he remove so strong a presumption? If it was not Joam Dacosta, who had every facility for informing the scoundrels of the convoy's departure, who was it? The official who accompanied the escort had perished with the greater part of the soldiers, and suspicion could not point against him. Everything agreed in distinguishing Dacosta as the true and only author of the crime.

Ribeiro defended him with great warmth and with all his powers, but he could not succeed in saving him. The verdict of the jury was affirmative on all the questions. Joam Dacosta, convicted of aggravated and premeditated murder, did not even obtain the benefit of extenuating circ.u.mstances, and heard himself condemned to death.

There was no hope left for the accused. No commutation of the sentence was possible, for the crime was committed in the diamond arrayal.

The condemned man was lost. But during the night which preceded his execution, and when the gallows was already erected, Joam Dacosta managed to escape from the prison at Villa Rica. We know the rest.

Twenty years later Ribeiro the advocate became the chief justice of Manaos. In the depths of his retreat the fazender of Iquitos heard of the change, and in it saw a favorable opportunity for bringing forward the revision of the former proceedings against him with some chance of success. He knew that the old convictions of the advocate would be still unshaken in the mind of the judge. He therefore resolved to try and rehabilitate himself. Had it not been for Ribeiro's nomination to the chief justiceship in the province of Amazones, he might perhaps have hesitated, for he had no new material proof of his innocence to bring forward. Although the honest man suffered acutely, he might still have remained hidden in exile at Iquitos, and still have asked for time to smother the remembrances of the horrible occurrence, but something was urging him to act in the matter without delay.

In fact, before Yaquita had spoken to him, Joam Dacosta had noticed that Manoel was in love with his daughter.

The union of the young army doctor and his daughter was in every respect a suitable one. It was evident to Joam that some day or other he would be asked for her hand in marriage, and he did not wish to be obliged to refuse.

But then the thought that his daughter would have to marry under a name which did not belong to her, that Manoel Valdez, thinking he was entering the family of Garral, would enter that of Dacosta, the head of which was under sentence of death, was intolerable to him. No! The wedding should not take place unless under proper conditions! Never!

Let us recall what had happened up to this time. Four years after the young clerk, who eventually became the partner of Magalhaes, had arrived at Iquitos, the old Portuguese had been taken back to the farm mortally injured. A few days only were left for him to live. He was alarmed at the thought that his daughter would be left alone and unprotected; but knowing that Joam and Yaquita were in love with each other, he desired their union without delay.

Joam at first refused. He offered to remain the protector or the servant of Yaquita without becoming her husband. The wish of the dying Magalhaes was so urgent that resistance became impossible. Yaquita put her hand into the hand of Joam, and Joam did not withdraw it.

Yes! It was a serious matter! Joam Dacosta ought to have confessed all, or to have fled forever from the house in which he had been so hospitably received, from the establishment of which he had built up the prosperity! Yes! To confess everything rather than to give to the daughter of his benefactor a name which was not his, instead of the name of a felon condemned to death for murder, innocent though he might be!

But the case was pressing, the old fazender was on the point of death, his hands were stretched out toward the young people! Joam was silent, the marriage took place, and the remainder of his life was devoted to the happiness of the girl he had made his wife.

"The day when I confess everything," Joam repeated, "Yaquita will pardon everything! She will not doubt me for an instant! But if I ought not to have deceived her, I certainly will not deceive the honest fellow who wishes to enter our family by marrying Mina! No! I would rather give myself up and have done with this life!"

Many times had Joam thought of telling his wife about his past life.

Yes! the avowal was on his lips whenever she asked him to take her into Brazil, and with her and her daughter descend the beautiful Amazon river. He knew sufficient of Yaquita to be sure that her affection for him would not thereby be diminished in the least. But courage failed him!

And this is easily intelligible in the face of the happiness of the family, which increased on every side. This happiness was his work, and it might be destroyed forever by his return.

Such had been his life for those long years; such had been the continuous source of his sufferings, of which he had kept the secret so well; such had been the existence of this man, who had no action to be ashamed of, and whom a great injustice compelled to hide away from himself!

But at length the day arrived when there could no longer remain a doubt as to the affection which Manoel bore to Minha, when he could see that a year would not go by before he was asked to give his consent to her marriage, and after a short delay he no longer hesitated to proceed in the matter.

A letter from him, addressed to Judge Ribeiro, acquainted the chief justice with the secret of the existence of Joam Dacosta, with the name under which he was concealed, with the place where he lived with his family, and at the same time with his formal intention of delivering himself up to justice, and taking steps to procure the revision of the proceedings, which would either result in his rehabilitation or in the execution of the iniquitous judgment delivered at Villa Rica.

What were the feelings which agitated the heart of the worthy magistrate? We can easily divine them. It was no longer to the advocate that the accused applied; it was to the chief justice of the province that the convict appealed. Joam Dacosta gave himself over to him entirely, and did not even ask him to keep the secret.

Judge Ribeiro was at first troubled about this unexpected revelation, but he soon recovered himself, and scrupulously considered the duties which the position imposed on him. It was his place to pursue criminals, and here was one who delivered himself into his hands. This criminal, it was true, he had defended; he had never doubted but that he had been unjustly condemned; his joy had been extreme when he saw him escape by flight from the last penalty; he had even instigated and facilitated his flight! But what the advocate had done in the past could the magistrate do in the present?

"Well, yes!" had the judge said, "my conscience tells me not to abandon this just man. The step he is taking is a fresh proof of his innocence, a moral proof, even if he brings me others, which may be the most convincing of all! No! I will not abandon him!"

From this day forward a secret correspondence took place between the magistrate and Joam Dacosta. Ribeiro at the outset cautioned his client against compromising himself by any imprudence. He had again to work up the matter, again to read over the papers, again to look through the inquiries. He had to find out if any new facts had come to light in the diamond province referring to so serious a case. Had any of the accomplices of the crime, of the smugglers who had attacked the convoy, been arrested since the attempt? Had any confessions or half-confessions been brought forward? Joam Dacosta had done nothing but protest his innocence from the very first. But that was not enough, and Judge Ribeiro was desirous of finding in the case itself the clue to the real culprit.

Joam Dacosta had accordingly been prudent. He had promised to be so. But in all his trials it was an immense consolation for him to find his old advocate, though now a chief justice, so firmly convinced that he was not guilty. Yes! Joam Dacosta, in spite of his condemnation, was a victim, a martyr, an honest man to whom society owed a signal reparation! And when the magistrate knew the past career of the fazender of Iquitos since his sentence, the position of his family, all that life of devotion, of work, employed unceasingly for the happiness of those belonging to him, he was not only more convinced but more affected, and determined to do all that he could to procure the rehabilitation of the felon of Tijuco.

For six months a correspondence had pa.s.sed between these two men.

One day, the case being pressing, Joam Dacosta wrote to Judge Ribeiro:

"In two months I will be with you, in the power of the chief justice of the province!"

"Come, then," replied Ribeiro.

The jangada was then ready to go down the river. Joam Dacosta embarked on it with all his people. During the voyage, to the great astonishment of his wife and son, he landed but rarely, as we know. More often he remained shut up on his room, writing, working, not at his trading accounts, but, without saying anything about it, at a kind of memoir, which he called "The History of My Life," and which was meant to be used in the revision of the legal proceedings.

Eight days before his new arrest, made on account of information given by Torres, which forestalled and perhaps would ruin his prospects, he intrusted to an Indian on the Amazon a letter, in which he warned Judge Ribeiro of his approaching arrival.

The letter was sent and delivered as addressed, and the magistrate only waited for Joam Dacosta to commence on the serious undertaking which he hoped to bring to a successful issue.

During the night before the arrival of the raft at Manaos Judge Ribeiro was seized with an attack of apoplexy. But the denunciation of Torres, whose scheme of extortion had collapsed in face of the n.o.ble anger of his victim, had produced its effect. Joam Dacosta was arrested in the bosom of his family, and his old advocate was no longer in this world to defend him!

Yes, the blow was terrible indeed. His lot was cast, whatever his fate might be; there was no going back for him! And Joam Dacosta rose from beneath the blow which had so unexpectedly struck him. It was not only his own honor which was in question, but the honor of all who belonged to him.

CHAPTER IV. MORAL PROOFS

THE WARRANT against Joam Dacosta, alias Joam Garral, had been issued by the a.s.sistant of Judge Ribeiro, who filled the position of the magistrate in the province of Amazones, until the nomination of the successor of the late justice.

This a.s.sistant bore the name of Vicente Jarriquez. He was a surly little fellow, whom forty years' practice in criminal procedure had not rendered particularly friendly toward those who came before him. He had had so many cases of this sort, and tried and sentenced so many rascals, that a prisoner's innocence seemed to him _a priori_ inadmissable. To be sure, he did not come to a decision unconscientiously; but his conscience was strongly fortified and was not easily affected by the circ.u.mstances of the examination or the arguments for the defense. Like a good many judges, he thought but little of the indulgence of the jury, and when a prisoner was brought before him, after having pa.s.sed through the sieve of inquest, inquiry, and examination, there was every presumption in his eyes that the man was quite ten times guilty.

Jarriquez, however, was not a bad man. Nervous, fidgety, talkative, keen, crafty, he had a curious look about him, with his big head on his little body; his ruffled hair, which would not have disgraced the judge's wig of the past; his piercing gimlet-like eyes, with their expression of surprising acuteness; his prominent nose, with which he would a.s.suredly have gesticulated had it been movable; his ears wide open, so as to better catch all that was said, even when it was out of range of ordinary auditory apparatus; his fingers unceasingly tapping the table in front of him, like those of a pianist practicing on the mute; and his body so long and his legs so short, and his feet perpetually crossing and recrossing, as he sat in state in his magistrate's chair.

In private life, Jarriquez, who was a confirmed old bachelor, never left his law-books but for the table which he did not despise; for chess, of which he was a past master; and above all things for Chinese puzzles, enigmas, charades, rebuses, anagrams, riddles, and such things, with which, like more than one European justice--thorough sphinxes by taste as well as by profession--he princ.i.p.ally pa.s.sed his leisure.

It will be seen that he was an original, and it will be seen also how much Joam Dacosta had lost by the death of Judge Ribeiro, inasmuch as his case would come before this not very agreeable judge.

Moreover, the task of Jarriquez was in a way very simple. He had either to inquire nor to rule; he had not even to regulate a discussion nor to obtain a verdict, neither to apply the articles of the penal code nor to p.r.o.nounce a sentence. Unfortunately for the fazender, such formalities were no longer necessary; Joam Dacosta had been arrested, convicted, and sentenced twenty-three years ago for the crime at Tijuco; no limitation had yet affected his sentence. No demand in commutation of the penalty could be introduced, and no appeal for mercy could be received. It was only necessary then to establish his ident.i.ty, and as soon as the order arrived from Rio Janeiro justice would have to take its course.

But in the nature of things Joam Dacosta would protest his innocence; he would say he had been unjustly condemned. The magistrate's duty, notwithstanding the opinions he held, would be to listen to him. The question would be, what proofs could the convict offer to make good his a.s.sertions? And if he was not able to produce them when he appeared before his first judges, was he able to do so now?

Herein consisted all the interest of the examination. There would have to be admitted the fact of a defaulter, prosperous and safe in a foreign country, leaving his refuge of his own free will to face the justice which his past life should have taught him to dread, and herein would be one of those rare and curious cases which ought to interest even a magistrate hardened with all the surroundings of forensic strife. Was it impudent folly on the part of the doomed man of Tijuco, who was tired of his life, or was it the impulse of a conscience which would at all risks have wrong set right? The problem was a strange one, it must be acknowledged.

On the morrow of Joam Dacosta's arrest, Judge Jarriquez made his way to the prison in G.o.d-the-Son Street, where the convict had been placed. The prison was an old missionary convent, situated on the bank of one of the princ.i.p.al iguarapes of the town. To the voluntary prisoners of former times there had succeeded in this building, which was but little adapted for the purpose, the compulsory prisoners of to-day. The room occupied by Joam Dacosta was nothing like one of those sad little cells which form part of our modern penitentiary system: but an old monk's room, with a barred window without shutters, opening on to an uncultivated s.p.a.ce, a bench in one corner, and a kind of pallet in the other. It was from this apartment that Joam Dacosta, on this 25th of August, about eleven o'clock in the morning, was taken and brought into the judge's room, which was the old common hall of the convent.

Judge Jarriquez was there in front of his desk, perched on his high chair, his back turned toward the window, so that his face was in shadow while that of the accused remained in full daylight. His clerk, with the indifference which characterizes these legal folks, had taken his seat at the end of the table, his pen behind his ear, ready to record the questions and answers.

Joam Dacosta was introduced into the room, and at a sign from the judge the guards who had brought him withdrew.

Judge Jarriquez looked at the accused for some time. The latter, leaning slightly forward and maintaining a becoming att.i.tude, neither careless nor humble, waited with dignity for the questions to which he was expected to reply.

"Your name?" said Judge Jarriquez.

"Joam Dacosta."