Fabian pointed out to the Duke de Armada, one of the flat stones, resembling tombstones, which were strewed over the plain, and seated himself upon another so as to form with the Canadian and his companion a triangle, in which he occupied the most prominent position.

“It is not becoming for the criminal to sit in the presence of the judges,” said the Spanish noble, with a bitter smile, “I shall therefore remain standing.”

Fabian made no reply.

He waited until Diaz, the only disinterested witness in this court of justice, had chosen a convenient place.

The adventurer remained at some distance from the actors in the scene, yet sufficiently near to see and hear all that passed.

Fabian began:

“You are about to be told,” said he, “of what crime you are accused. You are to look upon me as the judge who presides at your trial, and who will either condemn or acquit you.”

Having thus spoken he paused to consider.

“It will first be necessary to establish the identity of the criminal. Are you in truth,” he continued, “that Don Antonio, whom men here call the Count de Mediana?”

“No,” replied the Spaniard in a firm voice.