An hour later the candles were still guttering in the court room, and here Colonel Lopez assembled his minions of justice a second time. In his manner now there was nothing of the uncertainty, nor the feigning of penetration, which had before marked his handling of the trials. He pounded the box with his sword.

“In the light of new evidence,” he announced shortly, “the two cases of a while ago are reopened.”

Din Driscoll strolled in. “I’ve come for my belt and pistols. Dupin took them,” he said.

Lopez signed to the Dragoons to close round him. Then he gave vent. Did the SeÑor Gringo laugh so much at Mexican justice, since instead of escaping while he had the chance, he came back, coolly demanding his property? It was insolence!

“Gra-cious,” exclaimed Driscoll in his counterfeit of a startled old lady, “what’s the matter?”

But Lopez put on a mien of dark cunning, and replied that he would find out later.

MurguÍa’s case came first. The stricken father was there, dragged from his dead by the petty concerns of this world which cannot bide for grief. He was as a sleep-walker. He had come into another universe. The hacienda sala, where his child lay mid tapers, where mumbled prayers arose, or this 183adobe, where uniformed men fouled the air with cigarettes and looked after the Empire’s business–the one or the other, both places were of that other universe, dark and silent, in which his dazed being groped alone.

The new element in the court martial was Tiburcio, and Tiburcio had in mind one golden goose to save and one meddling Gringo to lose. He riddled the foregoing evidence with refreshing originality. He testified to the brigand attack for possession of the marquise. Had he not found Don Anastasio stretched upon the ground? Had not the dauntless anciano, the self-same Don Anastasio, fallen in defence of the two French seÑoritas? And yet, did he not keep Rodrigo at bay? Si, seÑores, he had indeed, until Colonel Dupin and the Contras arrived. He, the witness, was with them. He had seen these things. Now, let anyone say that the loyal SeÑor MurguÍa was an accomplice of that cut-throat without shame, Rodrigo GalÁn; whom he, the witness, loathed from the innermost recesses of his being; whom he, the witness, should be greatly pleased to strike dead. But let anyone again besmirch the character of Don Anastasio!

“No, no,” vociferously growled the Austrian.

Lopez opposed nothing. He had a clear notion this time as to what he wanted. Driscoll marveled, and enjoyed it. Pigheadedness had made Don Anastasio guilty, why shouldn’t perjury make him innocent? And it did. The mountain of suspicion and some few pebbles of evidence melted away as lard in a skillet. The verdict was acquittal.

Driscoll knew well enough that the presence of the loyal Imperialist with the baleful eye meant a reversal in his own case too. But the recent and very definite animus of Lopez against him he could in no way fathom. The blackmailer testified again. The prisoner, this Americano, had waylaid him in the wood two days before, and had robbed him of his last cent.

184“Which you stole from Murgie,” suggested the prisoner.

“I? I steal from MurguÍa?” cried Tiburcio indignantly. “Ask him! Ask him!”

MurguÍa was asked. Had the witness ever, on any occasion, robbed him? They repeated the question several times, and at last the rusty black wig, which was bowed over a chair, slowly shook in the negative. Perhaps he had settled a debt with the witness? The wig changed to an affirmative.

Tiburcio gleamed triumphantly. “An audacious defence!” he exclaimed. “But luckily for me, Don Anastasio is here.”

“Oh, hurry up!” protested Driscoll.

Asked if he knew anything more of the prisoner, witness could not swear for certain, except that he recognized in the American one of the guerrillas who had ambushed and slain Captain Maurel near Tampico. Yes, witness was scouting for the murdered captain at the time. Naturally, witness was present.

“You wanted proof, SeÑor Americano, that you crossed the river?” said Lopez. “Well, are you content now?”

“Go on,” Driscoll returned. He was bored. “Some people on earth are alive yet, but while Tibby is on the stand maybe I killed them too. I wouldn’t swear I didn’t.”

MurguÍa was called next, but he did not seem to hear. His body was bent over his knees, silently trembling. A Dragoon pressed a hand on his shoulder, but a sobbing groan racked his frame, as of a very sick man who will not be awakened to his pain. The pause that followed was uncanny–a syncope in the affairs of men like a gaping grave under midnight clouds. Lopez spoke again. He regretted that they must intrude on a fresh and poignant sorrow, but the case in hand was a matter of state, before which the individual had to give way. It was very logical and convincing. But the feeble old shoulders made no sign.

Tiburcio leaned over and shook him gently, and whispered 185in his ear. Still MurguÍa did not move. Tiburcio gripped his arm. “You and Rodrigo,” he said, so low that none could hear, “there was something arranged between you. What was it? Tell me! Tell me, I say, if you want the Gringo shot!”

He bent nearer, and against his ear came a muffled sound of lips. When he straightened, it was to address the court.

If he might ask a question, had they searched the prisoner? They had. But thoroughly? Thoroughly. But not enough to find anything? No. Then he would suggest that they had not searched thoroughly. The court seemed impressed, and Driscoll was fumbled over again. Still they found nothing.

“Whose flask is that?” Tiburcio demanded, pointing to where it had been tossed and forgotten. The prisoner’s. “Look that over again,” Tiburcio insisted. A guard handed it to Lopez, who squinted inside. “There is nothing,” he said. It was only an old canteen whose leather covering was dropping apart from rot.

MurguÍa’s head raised, and his eyes fixed themselves on the judge, and in their intense fixity glittered a quick, keen lust. It was hideous, loathsome, fascinating. The eyes were swimming in tears, but their hungered, metal-like sheen made the sorrow monstrous, and was the more foul and ghastly because it distorted so pure a thing as sorrow. Driscoll felt queerly that he must, must remove from the world this decrepit old man who bemoaned a dead child. The itch for murder terrified him, and he turned away angrily from the horrid face that aroused it. But MurguÍa’s stare never relaxed while Lopez toyed with the canteen. And when Lopez, as though accidentally, thrust a finger under the torn leather and brought out a folded paper, the bright points of MurguÍa’s eyes leaped to flame. But the head went down again, as once more his grief swept over him, and another sob caught at the heartstrings of every man there.

Lopez spread out the paper, and as he read, he started 186violently. He passed it on to the Austrian and the color sergeant, and they also started. But the most amazed was Driscoll, when he too had a chance to read.

“Ha, you recognize it?” exclaimed the president.

“Sure I do. It’s an order from Colonel Dupin to Captain Maurel. Rodrigo had it in Tampico, making people think that he was Captain Maurel.”

But the court was not so simple. “How came you by it?” demanded Lopez. “Have occasion to be Maurel yourself sometime, eh?”

With wrath, with admiration, Driscoll faced round on Don Anastasio. “Oh you pesky, shriveled-up gorilla!” he breathed. He was no longer amazed. This accounted for MurguÍa’s borrowing his flask the night they were in the forest. It accounted for MurguÍa and Rodrigo plotting together in Tampico. But why tell such things to the court? The Missourian was not a fool like King Canute, who ordered back the waves. “Hurry up,” he said wearily to the waves instead. Since he could not hold the tide, anticipation chilled more than the drowning bath itself.

The tide assuredly did not wait. It rolled right on, nearer and nearer. MurguÍa was lifted to his feet. He was remembering already what Lopez had told him, about his daughter and Maximilian, as Lopez had said he would. The American’s easy, stalwart form in gray filled his blurred eyes. Here was a Confederate emissary come with an offer of aid for that same Maximilian. Such had been MurguÍa’s suspicion from the first, and now it moved him with venomous hate. Yes, he would testify. Yes, yes, the prisoner had ridden out alone at Tampico. Yes, yes, yes, the prisoner was with Rodrigo there.

“But why, Don Anastasio,” asked Tiburcio purely in fantastic mischief, “did you bring such a disturbing man to our happy country?”

187“That will do,” Lopez interposed. “The SeÑor MurguÍa could not know at the time that this fellow was Rodrigo’s agent.”

“And,” MurguÍa added eagerly, “I was helpless, there at Mobile. The Confederates could have sunk my boat, and he held an order from Jefferson Davis.”

“What’s that?” cried Tiburcio, his humor suddenly vanished. “What’s that, an order from Jefferson Davis?”

Tiburcio’s was a new interest, now. He possessed a mind as crooked as his vision, and being crooked, it followed unerringly the devious paths of other minds. So, they had made a tool of him! Rodrigo and MurguÍa wanted the Gringo shot to help the rebel cause. And he, Tiburcio of the cunning wits, had just sworn away, not only the Gringo’s life, but the possible salvation of the Empire. Coming from Jefferson Davis, the Gringo with his mission could mean nothing else. Then there was Lopez. Tiburcio did not love this changeling Mexican who had red hair. But what could be the mongrel’s game? Why had he freed MurguÍa, if not to unleash a small terrier at Maximilian’s heel? Why was he trying the American over again, if not to poison a friendly mastiff? And why either, if Don Miguel Lopez were not seeking to make friends with the Republic? Or perhaps he was at heart a Republican. Thus Don Tiburcio, a loyal Imperialist, read the finger posts as he ambled down the crooked path.

Yes, and here was Lopez putting on the final touch. Here he was, the traitor, pronouncing the death sentence, and poor impotent Don Tiburcio gnawing his baffled rage, as one would say of a villain. The execution was to take place the very next morning. His Majesty the Emperor would be asked to approve, afterward.