The Empecinado, who, on recognizing old Gutierrez, had lowered his riding-whip, and listened unmoved to his curses and predictions, rode forward, explaining as he went, to the astonished corregidor, the scene that had just occurred. A little further on he separated from his companions, giving them rendezvous at ten o'clock at the house of the ayuntamiento. Proceeding to his brother's dwelling, he paid a visit to Madame Barbot, breakfasted with her, and then prepared to keep his appointment. He placed a brace of pistols and a poniard in his belt, and taking a loaded trabuco or blunderbuss, in his hand, wrapped himself in his cloak so as to conceal his weapons, and repaired to the town-hall.

He found the tribunal already installed, and every thing in readiness. Saluting the corregidor, he began pacing up and down the room without taking off his cloak. The corregidor repeatedly urged him to be seated, but he refused, and continued his walk, replying to the questions that were put to him, his answers to which were duly written down. About a quarter of an hour had passed in this manner, when a noise of feet and talking was heard in the street, and the Empecinado, as he passed one of the windows that looked out upon the plaza, saw, with no very comfortable feelings, that a number of armed peasants were entering the town hall. He perceived that he was betrayed, but his presence of mind stood his friend, and with his usual promptitude, he in a moment decided how he should act. Without allowing it to appear that he had any suspicion of what was going on, he walked to the door of the audience chamber, and before any one could interfere, shut and locked it. Then stepping up to the corregidor, he threw off his cloak, and presented his trabuco at the magistrate's head.

"Señor Corregidor," said he, "this is not our agreement, but a base act of treachery. Commend yourself to God, for you are about to die."

The corregidor was so dreadfully terrified at these words, and at the menacing action of the Empecinado, that he swooned away, and fell down under the table—the escribano fled into an adjoining chamber, and concealed himself under a bed—while the alguazils, trembling with fear, threw themselves upon their knees, and petitioned for mercy. The Empecinado, finding himself with so little trouble master of the field of battle, took possession of the papers that were lying upon the table, and, unlocking the door, proceeded to the principal staircase, which he found occupied by inhabitants of the town, armed with muskets and fowling-pieces. Placing his blunderbuss under his arm, with his hand upon the trigger, "Make way!" cried he; "the first who moves a finger may reckon upon the contents of my trabuco." His menace and resolute character produced the desired effect; a passage was opened, and he left the house in triumph. On reaching the street, however, he found a great crowd of men, women, and even children, assembled, who occupied the plaza and all the adjacent streets, and received him with loud cries of "Death to the Empecinado! Muera el ladron y mal Cristiano!" The armed men whom he had left in the town-house fired several shots at him from the windows, but nobody dared to lay hands upon him, as he marched slowly and steadily through the crowd, trabuco in hand, and casting glances on either side that made those upon whom they fell shrink involuntarily backwards.

On the low roof of one of the houses of the plaza, that formed the angle of the Calle de la Cruz, or street of the cross, old Gutierrez had taken his station. With the fire of insanity in his bloodshot eyes, and a grin of exultation upon his wasted features, he witnessed the persecution of the Empecinado, and while his ears drank in the yells and hootings of the multitude, he added his shrill cracked voice to the uproar. When the shots were fired from the town-hall, he bounded and capered upon the platform, clapping his meagre fingers together in ecstasy; but as the Empecinado got further from the house, and the firing was discontinued, an expression of anxiety replaced the look of triumph that had lighted up the old maniac's face. Diez still moved on unhurt, and was now within a few paces of the house on which Gutierrez had perched himself. The old man's uneasiness increased. "Va a escapar!" muttered he to himself; "they will let him escape. Oh, if I had a gun, my Pedrillo would soon be avenged!"

The Empecinado was passing under the house. A sudden thought struck Gutierrez. Stamping with his foot, he broke two or three of the tiles on which he was standing, and snatching up a large heavy fragment, he leaned over the edge of the roof to get a full view of the Empecinado, who was at that moment leaving the plaza and entering the Calle de la Cruz. In five seconds more he would be out of sight. As it was, it was only by leaning very far forward that Gutierrez could see him, walking calmly along, and keeping at bay the angry but cowardly mob that yelped at his heels, like a parcel of village curs pursuing a bloodhound, whose look alone prevents their too near approach.

Throwing his left arm round a chimney, the old man swung himself forward, and with all the force that he possessed, hurled the tile at the object of his hate. The missile struck the Empecinado upon the temple, and he fell, stunned and bleeding, to the ground.

"Viva!" screamed Gutierrez; but a cry of agony followed the shout of exultation. The chimney by which the old man supported himself was loose and crumbling, and totally unfit to bear his weight as he hung on by it, and leaned forward to gloat over his vengeance. It tottered for a moment, and then fell with a crash into the street. The height was not great, but the pavement was sharp and uneven; the old man pitched upon his head, and when lifted up was already a corpse.

When the mob saw the Empecinado fall, they threw themselves upon him with as much ferocity as they had previously shown cowardice, and beat and ill-treated him in every possible manner. Not satisfied with that, they bound him hand and foot, and pushed him through a cellar window, throwing after him stones, and every thing they could find lying about the street. At last, wearied by their own brutality, they left him for dead, and he remained in that state till nightfall, when the corregidor and the ayuntamiento proceeded to inspect his body, in order to certify his death, and have him buried. When he was brought out of the cellar, however, they perceived he still breathed, and sent for a surgeon, and also for a priest to administer the last sacraments. They then carried him upon a ladder to the posito, or public granary, a strong building, where they considered he would be in safety, and put him to bed, bathed in blood and covered with wounds and bruises.

The corregidor, fearing that the news of the riot, and of the death of the Empecinado, would reach Penafiel, and that the escort which had been left there, and the many partizans that Diez had in that town, would come over to Castrillo to avenge his death, persuaded one of the curés or parish priests of the latter place, to go over to Penafiel in all haste, and, counterfeiting great alarm, to spread the report that the French had entered Castrillo, seized the Empecinado, and carried him off to Aranda. This was accordingly done; and the Empecinado's escort being made aware of the vicinity of the French and the risk they ran, immediately mounted their horses and marched to join Mariano Fuentes, accompanied by upwards of fifty young men, all partizans of the Empecinado, and eager to revenge him. This matter being arranged, the corregidor had the jewels that were buried in the cellar of Manuel Diez dug up, and having taken possession of them, and installed Madame Barbot with all due attention in one of the principal houses of the town, he forwarded a report to General Cuesta of all that had occurred. The general immediately sent an escort to conduct the lady and the treasure to Ciudad Rodrigo, and ordered that as soon as the Empecinado was in a state to be moved, he should also be sent under a strong guard to that city.