"But you did not choose to obey at an hour so late!" sternly responded Father Francis; "and by such neglect may be guilty of accelerating the death of the innocent, and concealing the real murderer! You allege that Senor Stanley returned from some military duty at sunset, and slept from then till just before eleven, so soundly that you could not rouse him even for his evening meal. This was strange for a man with murder in his thoughts! Again, that he called for a light, which, you neglected to bring; and Senor Stanley a.s.serts that he missed his sword, but rushed from the house without it. Your culpable neglect, then, prevents our discovering the truth of this a.s.sertion; yet you acknowledge he called loudly for light; this appears too unlikely to have been the case, had the prisoner quitted the house with the intention to do murder."

"Intention at that moment he might not have had, Reverend Father,"

interposed the head of the a.s.sociated Brethren, who had taken an active part in the examination. "Were there no evidence as to premeditated desire of vengeance, premeditated insult, and long-entertained enmity, these conclusions might have foundation. As the case stands, they weigh but little. Where evil pa.s.sions have been excited, opportunity for their indulgence is not likely to pa.s.s unused."

"But evidence of that long-entertained enmity and premeditated vengeance we have not yet examined," replied the Sub-Prior. "If it only rest on the suppositions of this old couple, in one of whom it is pretty evident, prejudice is stronger than clearly defined truth, methinks that, despite this circ.u.mstantial evidence, there is still hope of the prisoner's innocence, more especially as we have one other important fact to bring forward. You are certain," he continued, addressing old Pedro, "that the bell chimed eleven when Senor Stanley quitted your dwelling?" The man answered firmly in the affirmative.

"And you will swear that the Senor slept from sunset till that hour?"

"I dare not swear to it, your Reverence, for Juana and I were at a neighbor's for part of that time; but on our return, Juana took up his supper again, and found him so exactly in the same position as we had left him, that we could not believe he had even moved."

"Was he alone in the house during this interval?"

"No; the maid Beta was at her work in the room below Senor Stanley's."

"Let her be brought here."

The order was so rapidly obeyed, that it was very evident she was close at hand; but so terribly alarmed at the presence in which she stood, as to compel the Sub-Prior to adopt the gentlest possible tone, to get any answer at all. He merely inquired if, during the absence of her master and mistress, she had heard any movement in the prisoner's room. She said that she thought she had--a quiet, stealthy step, and also a sound as if a door in the back of the house closed; but the sounds were so very indistinct, she had felt them at the time more like a dream than reality; and the commencement of the storm had so terrified her, that she did not dare move from her seat.

"And what hour was this?"

It might have been about nine; but she could not say exactly. And from the a.s.sertion that she did hear a slight sound, though puzzlingly cross-questioned, she never wavered. The King and the Sub-Prior both looked disappointed. The chief of the Santa Hermandad expressed himself confirmed in his previous supposition.

The prisoner retained his calmness; but a gleam of intelligence seemed to flit across his features.

"You would speak, Senor Stanley," interposed the King, as the girl was dismissed. "We would gladly hear you."

"I would simply say, your Highness," replied Stanley, gratefully, "that it is not unlikely Beta may have heard such sounds. I am convinced my evening draught was drugged; and the same secret enemy who did this, to give him opportunity undiscovered to purloin my sword--may, nay, _must_ have entered my chamber during that deathlike sleep, and committed the theft which was to burden an innocent man with his deed of guilt. The deep stillness in the house might have permitted her ear to catch the step, though my sleep was too profound.

I could hardly have had time to waken, rise, commit the deed of death, and return to such a completely deceiving semblance of sleep, in the short hour of Pedro and Juana's absence; and if I had, what madness would have led me there again, and so appalled me, as to prevent all effort of escape?"

"Conscience," replied the chief of the Santa Hermandad, sternly. "The impelling of the Divine Spirit, whom you had profaned, and who in justice so distracted you, as to lead you blindly to your own destruction--no marvel the darkness oppressed, and the storm appalled you; or that heaven in its wrath should ordain the events you yourself have described--the fall over your own victim, and the horror thence proceeding. We have heard that your early years have been honorable, Senor Stanley, and to such, guilt is appalling even in its accomplishment. Methinks, Father Francis, we need now but the evidence of the premeditation."

"Your pardon, brother; but such, conclusions are somewhat over-hasty.

It is scarcely probable, had Senor Stanley returned after the committal of such a deed, that his reentrance should not have been heard as well as his departure; whereas the witness expressly declares, that though her attention was awakened by the previous faint sound, and she listened frequently, she never heard another movement, till her master and mistress's return; and as they went into the Senor's room directly, and found him without the very least appearance of having moved, justice compels us to incline to the belief in Senor Stanley's suggestion--that he could scarcely have had sufficient time to rouse, depart, do murder, and feign sleep during Pedro Benito's brief interval of absence."

"We will grant that so it may be, Reverend Father, but what proof have we that the murder had not been just committed when the body and the a.s.sa.s.sin were discovered?"

Father Francis replied, by commanding the appearance of Don Ferdinand's steward, and after the customary formula, inquired what hour his late lamented master had quitted his mansion the night of the murder. The man replied, without hesitation, "Exactly as the chimes played the quarter before nine."

"But was not that unusually early? The hour of meeting at the castle was ten, and the distance from Don Ferdinand's mansion not twenty minutes' ride, and scarce forty minutes' walk. Are you perfectly certain as to the hour?"

"I can take my oath upon it, your Reverence, and Lopez will say the same. Our sainted master (Jesu rest his soul!) called to him a few minutes before he entered my lady's room, and told him not to get his horse ready, as he should walk to the castle. Lopez asked as to who should attend him, and his reply was he would go alone. He had done so before, and so we were not surprised; but we were grieved at his look, for it seemed of suffering, unlike himself, and were noticing it to each other as he pa.s.sed us, after quitting my lady, and so quickly and so absorbed, that he did not return our salutation, which he never in all his life neglected to do before. My poor, poor master! little did we think we should never see him again!" And the man's unconstrained burst of grief excited anew the indignation of the spectators against the crime, till then almost forgotten, in the intense interest as to the fate of the accused. Lopez was called, and corroborated the steward's account exactly.

"If he left his house at a quarter before nine, at what hour, think you, he would reach the Calle Soledad?"

From ten to fifteen minutes past the hour, your Reverence, unless detained by calling elsewhere on his way."

"Did he mention any intention of so doing?" The answer was in the negative. "According to this account, then, the murder must have taken place between nine and ten; and Senor Stanley was not heard to quit his apartment till eleven. This would corroborate his own a.s.sertion, that the deed was committed ere he reached the spot."

"But what proof have we that Don Ferdinand was not detained on his way?" replied the chief of the Santa Hermandad. "His domestics a.s.sert no more than the hour of his quitting the house."

"The hour of the royal meeting was ten," rejoined the Sub-Prior; "he was noted for regularity, and was not likely to have voluntarily lingered so long, as not even to reach the Calle till one hour afterwards."

"Not voluntarily; but we have heard that he appeared more suffering than he was ever seen to do. His illness might have increased, and so cause detention; and yet, on even partial recovery, we know him well enough to believe he would still have endeavored to join his Highness."

"He would; but there is evidence that when brought to the castle, he had been dead at the very least three hours. Let Curador Benedicto come forward."

A respectable man, dressed in black, and recognized at once as the leech or doctor of the royal household, obeyed the summons, and on being questioned, stated that he had examined the body the very moment it had been conveyed to the castle, in the hope of discovering some signs of animation, however faint. But life was totally extinct, and, according to his judgment, had been so at the very least three hours."

"And what hour was this?"

"Just half-an-hour after midnight."

A brief silence followed the leech's dismissal; Ferdinand still seemed perplexed and uneasy, and not one countenance, either of the n.o.bles or a.s.sociated Brethren, evinced satisfaction.

"Our task, instead of decreasing in difficulty, becomes more and more complicated, my lords and brethren," observed the Sub-Prior, after waiting for the chief of the Santa Hermandad to speak. "Had we any positive proof, that Senor Stanley really slept from the hour of sunset till eleven the same evening, and never quitted his quarters until then, we might hope that the sentence of Curador Benedicto, as to the length of time life had been extinct in his supposed victim, might weigh strongly against the circ.u.mstantial chain of evidence brought against him. Believing that the prisoner having slept from the hour of sunset to eleven was a proven and witnessed fact, I undertook the defensive and argued in his favor. The sounds heard by the girl Beta may or may not have proceeded from the stealthy movements of the accused, and yet justice forbids our pa.s.sing them by unnoticed. The time of this movement being heard, and that of the murder, according to the leech's evidence, tally so exactly that we cannot doubt but the one had to do with the other; but whether it were indeed the prisoner's step, or that of the base purloiner of his sword, your united judgment must decide.

Individual supposition, in a matter of life or death, can be of no avail. My belief, as you may have discovered, inclines to the prisoner's innocence. My brother, the chief Hermano, as strongly believes in his guilt. And it would appear as if the evidence itself, supports the one judgment equally with the other; contradictory and complicated, it has yet been truthfully brought forward and strictly examined. Your united judgment, Senors and Hermanos, must therefore decide the prisoner's fate."

"But under your favor, Reverend Father, all the evidence has not been brought forward," rejoined the chief Hermano. "And methinks that which is still to come is the most important of the whole. That the business is complicated, and judgment most difficult, I acknowledge, and therefore gladly avail myself of any remaining point on which the scale may turn. Sworn as I am to administer impartial justice, prejudice against the prisoner I can have none; but the point we have until now overlooked, appears sufficient to decide not only individual but general opinion. I mean the _premeditated vengeance_ sworn by the prisoner against the deceased--long indulged and proclaimed enmity, and premeditated determination to take his life or lose his own.

Don Ferdinand Morales--be his soul a.s.soilized!--was so universally beloved, so truly the friend of all ranks and conditions of men, that to believe in the existence of any other enmity towards his person is almost impossible. We have evidence that the prisoner was at feud with him--was harboring some design against him for weeks. It may be he was even refused by Don Ferdinand the meeting he desired, and so sought vengeance by the midnight dagger. Let the evidence of this enmity be examined, and according or not as premeditated malice is elicited, so let your judgment be p.r.o.nounced."

"Ay, so let it be," muttered the King as a loud murmur of a.s.sent ran through the hall. "We have two witnesses for this; and, by heaven, if the one differ from the other in the smallest point, the prisoner may still be reprieved!"

Whether the royal observation was heard or not, there was no rejoinder, for at the summoning of the chief Hermano, Don Luis Garcia stood before the a.s.semblage. His appearance excited surprise in many present, and in none more than the prisoner himself. He raised his head, which had been resting on his hand during the address of the Sub-Prior, and the reply of the Hermano, and looked at the new witness with bewildered astonishment. As Don Luis continued his relation of the stormy interview between the deceased and the accused, and the words of threatening used by the latter, astonishment itself, changed into an indignation and loathing impossible to be restrained.

"Thou base dishonored villain!" he exclaimed, so suddenly and wrathfully that it startled more by its strange contrast with his former calmness than by its irreverent interruption to the formula of the examination; "where wert thou during this interview? Hearing so well, and so invisibly concealed, none but the voluntary spy could have heard all this; so skilfully detailed that thou wouldst seem in very truth _witness_ as well as hearer. What _accident_ could have led thee to the most retired part of Don Ferdinand's garden, and, being there, detained thee? Thou treacherous villain! and on thy evidence--evidence so honorably, so truthfully obtained, my life or death depends! Well, be it so."

"But so it shall not be," interposed the King himself, ere either Sub-Prior or the Hermano could reply; "even as the prisoner, we ourselves hold evidence dishonestly obtained of little moment--nay, of no weight whatever. Be pleased, Don Luis Garcia, to explain the casualty which led you, at such an important moment, to Don Ferdinand's grounds; or name some other witness. The voluntary listener is, in our mind, dishonorable as the liar, and demanding no more account."

With a mien and voice of the deepest humility, Don Luis replied; grieving that his earnest love of justice should expose him to the royal displeasure; submitting meekly to unjust suspicion as concerned himself, but still upholding the truth and correctness of his statement. The other witness to the same, he added mysteriously, he had already named to his Royal Highness.

"And she waits our pleasure," replied the King; "Don Felix d'Estaban, be pleased to conduct the last witness to our presence."

CHAPTER XX.

But love is strong. There came Strength upon Woman's fragile heart and frame; There came swift courage.

MRS. HEMANS.

Death has no pang More keen than this. Oh, wherefore art thou here?

MRS. HEMANS.

A profound silence followed Don Felix's departure. Don Luis had so evidently evaded the King's demand, as to how he had witnessed this important interview, that even those most prejudiced in his favor, on account of his extreme sanct.i.ty, found themselves doubting his honor; and those who had involuntarily been prejudiced against him, by the indefinable something pervading his countenance and voice, doubly rejoiced that their unspoken antipathy had some foundation. In modern courts of justice, to refuse the validity of evidence merely because the manner of obtaining it was supposed dishonorable, would be p.r.o.nounced the acme of folly and romance. In the age of which we write, and in Spain especially, the sense of honor was so exquisitely refined, that the King's rebuke, and determination not to allow the validity of Don Luis's evidence, unless confirmed by an honorable witness, excited no surprise whatever; every n.o.ble, nay, every one of the a.s.sociated Brethren, there present, would have said the same; and the eager wonder, as to the person of the witness on whom so much stress was laid, became absolutely intense. The prisoner was very evidently agitated; his cheek flushed and paled in rapid alternation, and a suppressed but painful exclamation escaped from him as Don Felix re-entered, leading with him a female form; but the faint sound was unheard, save by the King and the Sub-Prior, who had been conversing apart during d'Estaban's absence--lost in the irrepressible burst of wonder and sympathy, which broke from all within the hall, as in the new witness, despite the change of garb, and look, from the dazzling beauty of health and peace, to the attenuated form of anxiety and sorrow, they recognized at once the widow of the murdered, Donna Marie. Nor was this universal sympathy lessened, when, on partially removing her veil, to permit a clear view of the scene around her, her sweet face was disclosed to all--profoundly, almost unnaturally, calm, indeed--but the cheek and lips were perfectly colorless; the ashy whiteness of the former rendered them more striking from the long black lash resting upon it, unwetted by a single tear: and from the peculiarly dark eye appearing the larger, from the attenuation of the other features. One steady and inquiring glance she was seen to fix upon the prisoner, and then she bent in homage to the Sovereign; and emotion, if there were any, pa.s.sed unseen.

"Sit, lady," said the King, with ready courtesy, touched more than he could have imagined possible, by the change fourteen short days had wrought. "We would feign render this compelled summons as brief and little fatiguing as may be: none can grieve more than ourselves at this harsh intrusion on thy hours of sorrow; but in a great measure the doom of life or death rests with thee, and justice forbids our neglecting evidence so important. Yet sit, lady; we command it."