"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 nobles or Associated 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 circumstantial 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 passing 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 assoilized!—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 pronounced."
"Ay, so let it be," muttered the King as a loud murmur of assent 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 assemblage. 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."