Narrative and Miscellaneous Papers — Volume 1

by Thomas De Quincey

The lawlessness of all that followed strikingly exposes the frightful state of criminal justice at that time, wherever Spanish law prevailed. No evidence appeared to connect Catalina in any way with the death of Fernando Acosta. The Portuguese gamblers, besides that perhaps they thought lightly of such an accident, might have reasons of their own for drawing off public attention from their pursuits in Tucuman: not one of these men came forward openly; else the circumstances at the gaming table, and the departure of Catalina so closely on the heels of her opponent, would have suggested reasonable grounds for detaining her until some further light should be obtained. As it was, her imprisonment rested upon no colorable ground whatever, unless the magistrate had received some anonymous information, which, however, he never alleged. One comfort there was, meantime, in Spanish injustice: it did not loiter. Full gallop it went over the ground: one week often sufficed for informations—for trial—for execution; and the only bad consequence was, that a second or a third week sometimes exposed the disagreeable fact that everything had been 'premature;' a solemn sacrifice had been made to offended justice, in which all was right except as to the victim; it was the wrong man; and that gave extra trouble; for then all was to do over again, another man to be executed, and, possibly, still to be caught.

Justice moved at her usual Spanish rate in the present case. Kate was obliged to rise instantly; not suffered to speak to anybody in the house, though, in going out, a door opened, and she saw the young Juana looking out with saddest Indian expression. In one day the trial was all finished. Catalina said (which was true) that she hardly knew Acosta; and that people of her rank were used to attack their enemies face to face, not by murderous surprises. The magistrates were impressed with Catalina's answers (yet answered to what?) Things were beginning to look well, when all was suddenly upset by two witnesses, whom the reader (who is a sort of accomplice after the fact, having been privately let into the truths of the case, and having concealed his knowledge), will know at once to be false witnesses, but whom the old Spanish buzwigs doated on as models of all that could be looked for in the best. Both were very ill-looking fellows, as it was their duty to be. And the first deposed as follows:—That through his quarter of Tucuman, the fact was notorious of Acosta's wife being the object of a criminal pursuit on the part of the Alferez (Catalina): that, doubtless, the injured husband had surprised the prisoner, which, of course, had led to the murder, to the staircase, to the key— to everything, in short, that could be wished; no—stop! what am I saying?—to everything that ought to be abominated. Finally—for he had now settled the main question—that he had a friend who would take up the case where he himself, from short-sightedness, was obliged to lay it down.' This friend, the Pythias of this short-sighted Damon started up in a frenzy of virtue at this summons, and, rushing to the front of the alguazils, said, 'That since his friend had proved sufficiently the fact of the Alferez having been lurking in the house, and having murdered a man, all that rested upon him to show was, how that murderer got out of the house; which he could do satisfactorily; for there was a balcony running along the windows on the second floor, one of which windows he himself, lurking in a corner of the street, saw the Alferez throw up, and from the said balcony take a flying leap into the said street.' Evidence like this was conclusive; no defence was listened to, nor indeed had the prisoner any to produce. The Alferez could deny neither the staircase nor the balcony: the street is there to this day, like the bricks in Jack Cade's Chimney, testifying all that may be required; and, as to our friend who saw the leap, there he was; nobody could deny him. The prisoner might indeed have suggested that she never heard of Acosta's wife, nor had the existence of such a wife been ripened even into a suspicion. But the bench were satisfied; chopping logic was of no use; and sentence was pronounced— that on the eighth day from the day of arrest, the Alferez should be executed in the public square.

It was not amongst the weaknesses of Catalina—who had so often inflicted death, and, by her own journal, thought so lightly of inflicting it (if not under cowardly advantages)—to shrink from facing death in her own person. Many incidents in her career show the coolness and even gaiety with which, in any case where death was apparently inevitable, she would have gone to meet it. But in this case she had a temptation for escaping it, which was probably in her power. She had only to reveal the secret of her sex, and the ridiculous witnesses, beyond whose testimony there was nothing at all against her, must at once be covered with derision. Catalina had some liking for fun; and a main inducement to this course was, that it would enable her to say to the judges, 'Now you see what old fools you've made of yourselves; every woman and child in Peru will soon be laughing at you.' I must acknowledge my own weakness; this last temptation I could not have withstood; flesh is weak, and fun is strong. But Catalina did. On consideration she fancied, that although the particular motive for murdering Acosta would be dismissed with laughter, still this might not clear her of the murder, which on some other motive she might have committed. But supposing that she were cleared altogether, what most of all she feared was, that the publication of her sex would throw a reflex light upon many past transactions in her life—would instantly find its way to Spain—and would probably soon bring her within the tender attentions of the Inquisition. She kept firm to the resolution of not saving her life by this discovery. And so far as her fate lay in her own hands, she would (as the reader will perceive from a little incident at the scaffold) have perished to a certainty. But even at this point, how strange a case! A woman falsely accused of an act which she really did commit! And falsely accused of a true offence upon a motive that was impossible!

As the sun set upon the seventh day, when the hours were numbered for the prisoner, there filed into her cell four persons in religious habits. They came on the charitable mission of preparing the poor convict for death. Catalina, however, watching all things narrowly, remarked something earnest and significant in the eye of the leader, as of one who had some secret communication to make. She contrived to clasp this man's hands, as if in the energy of internal struggles, and he contrived to slip into hers the very smallest of billets from poor Juana. It contained, for indeed it could contain, only these three words—'Do not confess. J.' This one caution, so simple and so brief, was a talisman. It did not refer to any confession of the crime; that would have been assuming what Juana was neither entitled nor disposed to assume, but, in the technical sense of the Church, to the act of devotional confession. Catalina found a single moment for a glance at it—understood the whole—resolutely refused to confess, as a person unsettled in her religious opinions, that needed spiritual instructions, and the four monks withdrew to make their report. The principal judge, upon hearing of the prisoner's impenitence, granted another day. At the end of that, no change having occurred either in the prisoner's mind, or in the circumstances, he issued his warrant for the execution. Accordingly, as the sun went down, the sad procession formed within the prison. Into the great square of Tucuman it moved, where the scaffold had been built, and the whole city had assembled for the spectacle. Catalina steadily ascended the ladder of the scaffold; even then she resolved not to benefit by revealing her sex; even then it was that she expressed her scorn for the lubberly executioner's mode of tying a knot; did it herself in a 'ship-shape,' orthodox manner; received in return the enthusiastic plaudits of the crowd, and so far ran the risk of precipitating her fate; for the timid magistrates, fearing a rescue from the impetuous mob, angrily ordered the executioner to finish the scene. The clatter of a galloping horse, however, at this instant forced them to pause. The crowd opened a road for the agitated horseman, who was the bearer of an order from the President of La Plata to suspend the execution until two prisoners could be examined. The whole was the work of the Senora and her daughter. The elder lady, having gathered informations against the witnesses, had pursued them to La Plata. There, by her influence with the Governor, they were arrested; recognised as old malefactors; and in their terror had partly confessed their perjury. Catalina was removed to La Plata; solemnly acquitted; and, by the advice of the President, for the present the connection with the Senora's family was postponed indefinitely.

Now was the last adventure approaching that ever Catalina should see in the new world. Some fine sights she may yet see in Europe, but nothing after this (which she has recorded) in America. Europe, if it had ever heard of her name (which very shortly it shall), Kings, Pope, Cardinals, if they were but aware of her existence (which in six months they shall be), would thirst for an introduction to our Catalina. You hardly thought now, reader, that she was such a great person, or anybody's pet but yours and mine. Bless you, Sir, she would scorn to look at us. I tell you, royalties are languishing to see her, or soon will be. But how can this come to pass, if she is to continue in her present obscurity? Certainly it cannot without some great peripetteia or vertiginous whirl of fortune; which, therefore, you shall now behold taking place in one turn of her next adventure. That shall let in a light, that shall throw back a Claude Lorraine gleam over all the past, able to make Kings, that would have cared not for her under Peruvian daylight, come to glorify her setting beams.

The Senora—and, observe, whatever kindness she does to Catalina speaks secretly from two hearts, her own and Juana's—had, by the advice of Mr. President Mendonia, given sufficient money for Catalina's travelling expenses. So far well. But Mr. M. chose to add a little codicil to this bequest of the Senora's, never suggested by her or by her daughter. 'Pray,' said this inquisitive President, who surely might have found business enough in La Plata, 'Pray, Senor Pietro Diaz, did you ever live at Concepcion? And were you ever acquainted there with Senor Miguel de Erauso? That man, Sir, was my friend.' What a pity that on this occasion Catalina could not venture to be candid! What a capital speech it would have made to say—'Friend were you? I think you could hardly be that, with seven hundred miles between you. But that man was my friend also; and, secondly, my brother. True it is I killed him. But if you happen to know that this was by pure mistake in the dark, what an old rogue you must be to throw that in my teeth, which is the affliction of my life!' Again, however, as so often in the same circumstances, Catalina thought that it would cause more ruin than it could heal to be candid; and, indeed, if she were really P. Diaz, Esq. , how came she to be brother to the late Mr. Erauso? On consideration, also, if she could not tell all, merely to have professed a fraternal connection which never was avowed by either whilst living together, would not have brightened the reputation of Catalina, which too surely required a scouring. Still, from my kindness for poor Kate, I feel uncharitably towards the president for advising Senor Pietro 'to travel for his health.' What had he to do with people's health? However, Mr. Peter, as he had pocketed the Senora's money, thought it right to pocket also the advice that accompanied its payment. That he might be in a condition to do so, he went off to buy a horse. He was in luck to-day. For beside money and advice, he obtained, at a low rate, a horse both beautiful and serviceable for a journey. To Paz it was, a city of prosperous name, that the cornet first moved. But Paz did not fulfil the promise of its name. For it laid the grounds of a feud that drove our Kate out of America.

Her first adventure was a bagatelle, and fitter for a jest-book than a history; yet it proved no jest either, since it led to the tragedy that followed. Riding into Paz, our gallant standard-bearer and her bonny black horse drew all eyes, comme de raison, upon their separate charms. This was inevitable amongst the indolent population of a Spanish town; and Kate was used to it. But, having recently had a little too much of the public attention, she felt nervous on remarking two soldiers eyeing the handsome horse and the handsome rider, with an attention that seemed too solemn for mere aesthetics. However, Kate was not the kind of person to let anything dwell on her spirits, especially if it took the shape of impudence; and, whistling gaily, she was riding forward—when, who should cross her path but the Alcalde! Ah! Alcalde, you see a person now that has a mission against you, though quite unknown to herself. He looked so sternly, that Kate asked if his worship had any commands. 'These men,' said the Alcalde, 'these two soldiers, say that this horse is stolen.' To one who had so narrowly and so lately escaped the balcony witness and his friend, it was really no laughing matter to hear of new affidavits in preparation. Kate was nervous, but never disconcerted. In a moment she had twitched off a saddle-cloth on which she sat; and throwing it over the horse's head, so as to cover up all between the ears and the mouth, she replied, 'that she had bought and paid for the horse at La Plata. But now, your worship, if this horse has really been stolen from these men, they must know well of which eye it is blind; for it can be only in the right eye or the left.' One of the soldiers cried out instantly, that it was the left eye; but the other said, 'No, no, you forget, it's the right.' Kate maliciously called attention to this little schism. But the men said, 'Ah, that was nothing—they were hurried; but now, on recollecting themselves, they were agreed that it was the left eye.' Did they stand to that? 'Oh yes, positive they were, left eye, left.'

Upon which our Kate, twitching off the horse-cloth, said gaily to the magistrate, 'Now, Sir, please to observe that this horse has nothing the matter with either eye.' And in fact it was so. Then his worship ordered his alguazils to apprehend the two witnesses, who posted off to bread and water, with other reversionary advantages, whilst Kate rode in quest of the best dinner that Paz could furnish.

This Alcalde's acquaintance, however, was not destined to drop here. Something had appeared in the young caballero's bearing, which made it painful to have addressed him with harshness, or for a moment to have entertained such a charge against such a person. He despatched his cousin, therefore, Don Antonio Calderon, to offer his apologies, and at the same time to request that the stranger, whose rank and quality he regretted not to have known, would do him the honor to come and dine with him. This explanation, and the fact that Don Antonio had already proclaimed his own position as cousin to the magistrate and nephew to the Bishop of Cuzco, obliged Catalina to say, after thanking the gentlemen for their obliging attentions, 'I myself hold the rank of Alferez in the service of his Catholic Majesty. I am a native of Biscay, and I am now repairing to Cuzco on private business.' 'To Cuzco!' exclaimed Don Antonio, 'how very fortunate! My cousin is a Basque like you; and, like you, he starts for Cuzco to-morrow morning; so that, if it is agreeable to you, Senor Alferez, we will travel together.' It was settled that they should. To travel—amongst 'balcony witnesses,' and anglers for 'blind horses'—not merely with a just man, but with the very abstract idea and riding allegory of justice, was too delightful to the storm-wearied cornet; and he cheerfully accompanied Don Antonio to the house of the magistrate, called Don Pedro de Chavarria. Distinguished was his reception; the Alcalde personally renewed his regrets for the ridiculous scene of the two scampish oculists, and presented him to his wife, a splendid Andalusian beauty, to whom he had been married about a year.

This lady there is a reason for describing; and the French reporter of Catalina's memoirs dwells upon the theme. She united, he says, the sweetness of the German lady with the energy of the Arabian, a combination hard to judge of. As to her feet, he adds, I say nothing; for she had scarcely any at all. 'Je ne parle point de ses pieds, elle n'en avait presque pas.' 'Poor lady!' says a compassionate rustic: 'no feet! What a shocking thing that so fine a woman should have been so sadly mutilated!' Oh, my dear rustic, you're quite in the wrong box. The Frenchman means this as the very highest compliment. Beautiful, however, she must have been; and a Cinderella, I hope, not a Cinderellula, considering that she had the inimitable walk and step of the Andalusians, which cannot be accomplished without something of a proportionate basis to stand upon.