The double exclamation drawn from the hunter and the Mexican traveller, on recognizing the man they had picked up on the river bank, had plunged all three of them into a profound state of stupefaction. Bermudez was the first to recover his coolness, and he walked up to his master. "Come, Don Mariano," he said to him, "do not stay here. Perhaps it will be as well that, when your brother opens his eyes, he should not see you."

Don Mariano fixed a burning glance on the wounded man. "How is it that I find him here?" he said, as if speaking to himself. "What is he doing in these savage regions? It was false, then, what he wrote about important business calling him to the United States, and that he had started for New Orleans?"

"Señor Don Estevan, your brother," Bermudez replied gravely, "is one of those darkly-intriguing men with whom it is impossible to know their thoughts, or guess their motives or action. You see the hunter gives him a name which does not belong to him. For what purpose does he conceal himself, then? Believe me, Don Mariano, there is a mystery beneath this which we will clear up, with the aid of Heaven; but let us be prudent; let us not reveal our presence to Don Estevan; there will always be time to do so when we discover that we have been deceived."

"That is true, Bermudez; your advice is good, and I will follow it; but, before retiring, let me assure myself as to his present condition. That man is my brother; and, however great the injuries he has done me may be, I should not like to see him die without assistance."

"Perhaps it would be better," Bermudez muttered.

Don Mariano looked at him angrily, and bent over the wounded man. The latter was still in a fainting state. Eglantine lavished on him those delicate and intelligent attentions, of which women of all nations and every colour possess the secret, but yet could not recall him to life.

"Pray, Excellency, take my advice," Bermudez urged, "and retire."

Don Mariano took a last look at his brother, and seemed to hesitate; then turning away, with an effort, he said – "Let us go." The old servant's face brightened.

"I recommend this man to you," Don Mariano added, addressing Ruperto. "Pay him all the attention his condition demands and humanity orders."

The hunter bowed. The Mexican gentleman walked a few steps toward his horse, which, with those of his companions, was fastened to a young ebony tree. Don Mariano retired with regret: a secret voice seemed to warn him to remain. At the moment he placed his foot in the stirrup, a hand was laid on his arm, and he turned sharply. A man was standing by his side. It was Flying Eagle.

The chief had left to the whites the care of transporting the wounded. With the instinct peculiar to his race, he had examined with the utmost attention the scene of the ambush and all the spots whither the accidents of the combat had led the fighters. His object in thus acting had been to discover some trace, some sign, which, in case of need, might be useful to those who had an interest in discovering the causes of the snare laid for Don Miguel. Accident had aided him admirably, by supplying him with a proof whose value must be immense, and which, doubtlessly, Don Stefano would have bought back with his best blood, in order to destroy it. Unfortunately, this proof, interesting as it was, was a sealed letter for the Indian, and in his hands possessed no value.

Flying Eagle immediately thought of Don Mariano, who would probably explain to him the importance of the mysterious find he had made. After turning it over several times, he hid it in his bosom, and with the characteristic decision of his race, walked rapidly back to the camp, where he was certain of finding the Mexican.

"Is my father going away?" the Redskin asked.

"Yes," Don Mariano answered; "but I am glad to see you, Chief, before my departure, that I may thank you for your cordial hospitality."

The Indian bowed. "My father can decipher the 'collars' of the Palefaces. I think," he continued, "the whites have great knowledge. My father must be a chief of his nation."

Don Mariano looked at the Comanche in surprise.

"What do you mean?" he asked him.

"Our Indian fathers taught us to preserve, on the skins of animals, prepared for the purpose, the interesting events that happened in our tribe in the old ages of the world. The Palefaces know all; they possess the great medicine; they also have collars."

"Certainly, we have books, in which, by means of recognized signs, the history of nations, and even the thoughts of men, can be traced."

The Indian made a gesture of joy.

"Good!" he said; "my father must know these signs, for his head is grey."

"I do know them. Can the simple knowledge I possess be of any service to you?"

Flying Eagle shook his head negatively.

"No," he said; "not to me, but perhaps to others."

"I do not understand you, Chief; be good enough, therefore, to explain yourself more clearly, for I wish to go away before that man regains his consciousness."

The Indian took a side glance at the injured man.

"He will not open his eyes for an hour," he said. "Flying Eagle can talk to his father."

In spite of himself, Don Mariano felt interested in knowing what the Indian wished to tell him; so he resolved to wait, and made him a sign to speak. The chief continued in a low voice, – "Let my father listen," he said. "Flying Eagle is not an old gossiping woman; he is a renowned chief. The words his breast breathes are all inspired by the Wacondah. Flying Eagle loves the Palefaces, because they have been good to him, and have, in certain circumstances, rendered him great services. After the fight, the Chief went over the field of battle; near the spot where the man fell whom my father brought here, Flying Eagle found a medicine bag, containing several collars. The Indian looked at them on all sides, but could not understand them, because the Wacondah had spread over his eyes the thick bandage which prevents the Redskins equalling the Whites. Still the Chief, suspecting that perhaps this mysterious bag, useless to him, might be important for my father, or some of his friends, previously concealed it in his breast, and ran in all haste to hand it to my father. Here it is," he added, drawing a portfolio from his bosom, and handing it to Don Mariano; "let my father take it; perhaps he will be able to discover what it contains."

Though the Redskin's action was perfectly natural on his part, and the portfolio and its contents might be matters of indifference to the gentleman, he only took it from the Chief's hands with reluctance. The Indian folded his arms and waited, perfectly satisfied with what he had done.

Don Mariano absently examined the portfolio he held in his hand. It was made of very ordinary shagreen, with no ornaments or gilding; it could be seen that it was more for use than luxury; and it was crammed with papers, and fastened with a small silver clasp. The examination, begun absently, suddenly assumed a great importance for Don Mariano, for his eyes had fallen on these words, half effaced, engraved in letters of gold on one of the sides of the portfolio, – "Don Estevan de Real del Monte."

At the sight of these words, which revealed to him the name of the owner of the object he held, he gave a start of surprise. While turning and speaking, he came on his brother, who still lay unconscious, and by a movement independent of his will, his hand squeezed it forcibly. This pressure opened the hasp, and several papers fell out.

Bermudez stooped quickly, and handed them to his master. The latter mechanically held out his hand to receive them, and return them to the portfolio; but Bermudez checked him resolutely.

"Heaven gives you the means to know the truth at last," he said; "do not neglect the opportunity it affords you, or you may repent it when too late."

"Violate my brother's secrets!" Don Mariano muttered, with a movement of repulsion.

"No," Bermudez retorted drily, "but learn how he became master of yours. Excellency, remember the object of our journey."

"But if I were discovered – if he were not guilty?"

"All the better. In that way you will acquire certainty."

"What you urge me to do is wrong. I have no right to act so."

"Well, I, who am only a wretched Criado, Excellency, whose actions have no serious import, will assume that right for your sake, Excellency." And by a gesture swift as thought, he seized the portfolio.

"Wretch!" Don Mariano shouted. "Stay, what are you going to do?"

"Save, perhaps, her you love, as you dare not do it yourself."

"My father will leave his slave free," the Indian interposed, "the Wacondah inspires him."

Don Mariano had not the courage to resist longer, for involuntarily an unknown feeling he could not explain, told him that he was wrong, and Bermudez did well to act so. The half-caste had, with the greatest coolness, opened the papers, not appearing to care for any seeming impropriety in his conduct.

"Oh!" he suddenly exclaimed, "did I not tell you, Excellency, that Heaven placed in your hands the proofs you had so long been seeking in vain? Read! read! and if it be possible, still doubt the testimony of your eyes, and refuse longer to believe in your brother's perfidy, and odious treason."

Don Mariano seized the papers with a feverish gesture, and hurriedly read them. After reading them two or three times, he stopped, raised his eyes to heaven, and then let his head fall in his hands with an expression of the utmost pain. "Oh, oh!" he muttered, in despair, "my brother! my brother!"

"Courage!" Bermudez said, softly.

"I will have it," he answered; "the hour of justice has arrived."

A strange change had suddenly taken place in him. This man, a few moments previously so timid, and whose hesitation was extreme, was metamorphosed. He seemed to have grown; his features had assumed an imposing rigidity, and his eyes flashed fire.

"No more childish fears," he said; "no further tergiversation. We must act."

Then turning to Flying Eagle, he asked him, —

"Is that man seriously wounded?"

The Indian carefully examined Don Stefano.

During the whole period of the examination, no one uttered a word. Everyone understood that Don Mariano had at length formed an energetic resolution, and that he would accomplish it remorselessly, and without hesitation, no matter what the consequences might be to him hereafter.

Flying Eagle returned in a few minutes.

"Well?" the gentleman asked him.

"That man is not really wounded," the Indian answered; "he has only received a serious contusion on the head, which has plunged him into a sort of lethargic faint, from which he will not recover for an hour."

"Very well; and on waking, in what state will he be?"

"Very weak; but that weakness will soon wear off, and tomorrow he will be as right as before he received the blow."

A bitter smile played round Don Mariano's lips. "Tell that hunter, your friend, to come here; I must speak to you both," he said. "I have a service to ask of you."

The Chief obeyed.

"I am at your service, Excellency," Ruperto remarked.

"We will hold a council," Don Mariano then said. "Is not that the term you employ in the desert when you have to discuss important business?"

The hunter and the Indian made a sign of assent.

"Listen to me attentively," the gentleman continued, in a firm and impressive voice. "The man there is my brother, and he must die. I do not wish to kill him, but to try him. All you now present will be his judges; I his accuser. Will you aid me to accomplish an act of vengeance, but a deed of the most rigorous justice? I repeat to you, I will accuse him before you all, and documents in hand. He will be at liberty to defend himself; your conscience will be clear; he will have entire freedom to do so; and, moreover, you will condemn or acquit him, according to the opinion you form on the evidence. You have heard me; reflect; I await your reply."

There was a supreme silence. After a few moments, Ruperto took the word. "In the desert, where human justice does not penetrate," he said, "the law of God must prevail. If we have a right to kill the noxious and malevolent brutes, why should we not the right to punish a villain? I accept the office you offer me, because in my heart I am persuaded that in doing so I am doing my duty, and am useful to society, of which I make myself the avenger."

"Good!" Don Mariano answered. "I thank you. And you, Chief?"

"I accept," the Comanche said distinctly. "Traitors must be punished, no matter to what race they belong. Flying Eagle is a chief; he has the right to sit at the council fire, in the first rank of the Sachems, and condemn or acquit."

"It is now your turn," Don Mariano continued, addressing his servant; "answer."

Bermudez stepped forward a pace, and bowed respectfully to Don Mariano. "Excellency," he said, "we knew this man when he was a child; we dandled him on our knees. At a later date he became our master; our hearts would not be free in his presence. We cannot judge him; we ought not to condemn him. We are only fit to execute the sentence, whatever it may be, which is dealt out to him, if we receive the order. Old slaves, liberated by the kindness of their master, are never equal to him."

"Those feelings are what I expected from you. I thank you for your frankness, my children. In truth, you should not interfere in this matter. Heaven, I hope, will send us two men with loyal hearts and firm will to take your places, and fulfil the duty of judges impartially."

"Heaven has heard you, Caballero," a rough voice said; "we are here at your disposal."

The branches of the thicket near which our characters were, were then torn boldly asunder, and two men appeared. They walked a few steps forward, rested their rifles on the ground, and waited.

"Who are you?" Don Mariano asked.

"Hunters."

"Your name?"

"Marksman."

"And yours?"

"Brighteye. For about half an hour we have been hidden behind this bush. We heard all you said, and hence it is useless to repeat your statement. But there is another man who must be present at the trial."

"Another man! Who?"

"The one he attacked so traitorously, whom you drew from his hand, and whom we saved."

"Ha! who knows where to find that man at present?"

"We do," Marksman said, "as we only left him an hour ago, to take up your trail."

"Oh, if that is the case, you are right; that man must come."

"Unfortunately, he is seriously wounded; but if he cannot come of himself, he can be carried: and I know not why, but his presence seems to me not only necessary, but even indispensable, in order to clear up certain facts which it is our duty to fathom."

"What do you mean?"

"Patience, Caballero! you will soon understand. This man's camp is not far off, and he can be here before sunset."

"But who will warn him?"

"Myself," Brighteye answered.

"I thank you for the hearty offer."

"We are possibly more interested than yourself in clearing up this mysterious machination," Marksman answered.

At a sign from his friend, Brighteye remounted his horse, which he had left in the thicket, and rode off at full speed, while Don Mariano followed him with a glance at once curious and puzzled. "You speak to me in riddles," he said to Marksman, who was still leaning on his rifle.

The latter shook his head.

"The history, whose odious incidents will be unrolled before you, is a sad one, Excellency, and you have not the key, in spite of the proofs you believe you possess."

Don Mariano sighed, and two burning tears ran down his cheeks, which were furrowed by grief.

"Courage, mi amo!" Bermudez said. "Heaven is at length on your side."

The gentleman pressed the hand of his faithful servant, and turned his head away to conceal the emotion he felt.

CHAPTER XVIII
BEFORE THE TRIAL

When Brighteye went off, Marksman, the Indian, and Ruperto approached the wounded man, who was still plunged in the same state of lethargy, and collected around him, in order to await his recovery.

Don Mariano, whose scruples were now extinguished, and who was anxious to know all the windings of his brother's dark machinations, in order to have solid arguments for the accusations he was about to bring against him before that supreme tribunal he had so unexpectedly found, withdrew from his servants into a dense coppice, where, free from all glances, he opened the portfolio with feverish impatience, and began reading the papers it contained, with a horror that increased with every fresh letter he unfolded.

Don Mariano did not wish his brother to be aware of his presence before being confronted with his judges, for he counted on his unexpected apparition to foil his perspicacity and presence of mind, by making him lose his coolness. Hence he concealed himself in a spot invisible to the most searching glance, reserving the right of appearing at the decisive moment.

More than an hour elapsed, ere Don Stefano, in spite of Eglantine's incessant care, made a movement indicating his return to life. Still the three men, crouched silently round him, did not for a moment relax in their watchfulness; they understood the full extent of the act they were about to accomplish, and desired, with that intuitive mistrusting possessed by loyal souls, that the man they were about to try should be sufficiently collected, and so far in possession of his faculties, as to defend his life bravely.

At the moment when the sun, rapidly declining on the horizon, lengthened the shadows of the trees, and only appeared through the lower branches like a huge ball of fire, the evening breeze passed like a fresh breath over the pale brow of the wounded man, who uttered a deep sigh at the feeling of comfort this beneficial freshness caused him to experience, after the stifling heat of the day.

"He is going to open his eyes," Marksman muttered.

Flying Eagle laid his finger on his lips as he pointed to the wounded man.

Low as the hunter had spoken, Don Stefano had heard him; though not, perhaps, understanding the meaning of the words that had struck his ears, but sufficiently so to recall him to a sense of existence.

Don Stefano was no common man, and a worthy son of the bastard race of Mexico. Cunning was the most prominent point in his eminently dissimulating character; accustomed ever to judge men and things badly, distrust seemed innate in his heart. Marksman's words warned him to keep on his guard, without stirring, without opening his eyes, lest he should reveal his return to life; he made a supreme effort to recall the events that preceded his accident, so as to arrive, from deduction to deduction, at the position in which he now was, and guess, if that were possible, into whose hands chance, or his ill fortune, had made him fall.

The task Don Stefano imposed on himself was not easy, for, by the force of circumstances, he was deprived of his most potent auxiliary, sight, which would have enabled him to recognize the persons who surrounded him, or, at any rate, perceive were they friends or enemies. Thus, though he listened with the utmost attention, in order to catch a word or a phrase to guide him in his suppositions, and show him how to base his calculations on probable, if not positive, data, as the hunters, warned by the Chief, and suspecting a trick, abstained for their part from making a gesture or uttering a word, all his previsions were foiled, and he remained in the most utter ignorance.

This prolonged silence further heightened Don Stefano's anxiety, and presently threw him into such a state of alarm that he resolved, at all risks, on removing his doubts. Putting his plans almost at once into execution, he made a movement as if to rise, and suddenly opened his eyes, and took an inquiring and searching glance around.

"How do you feel?" Marksman asked, as he bent over him.

"Very weak," Don Stefano answered, in a suffering voice. "I feel a general heaviness, and frightful buzzing in my ears."

"Good," the hunter continued, "that is not dangerous. It is always so after a fall."

"I have had a fall, then?" the wounded man continued, whom the sight of Ruperto, an old acquaintance, began to reassure.

"Hang it! it is probable, as we found you lying on the banks of the Rubio."

"Ah, you found me, then?"

"Yes, about three hours back."

"Thanks for the aid you gave me; had it not been for that, I should probably be dead."

"Very possibly; but do not be in a hurry to thank us."

"Why not?" Don Stefano suddenly said, as he cocked his ears at this ambiguous answer, which seemed to him a disguised threat.

"Eh, who knows?" Marksman retorted, simply; "No one can answer for the future."

Don Stefano, whose strength was rapidly returning, and who had already regained all his lucidity of mind, rose quickly, and fixed on the Canadian a glance which seemed meant to read his most intricate thoughts. "I am not your prisoner, though?"

"Hum!" was all the hunter replied.

This interjection made the wounded man thoughtful, and disturbed him more than a long phrase. "Let us speak frankly," he said, after a few moments' reflection.

"I wish for nothing better."

"Of you, then, there is one I know," he continued, pointing to Ruperto, who gave a silent nod of assent. "I never, to my knowledge, injured that man; on the contrary – "

"That is true," Ruperto answered.

"I never saw you, so you can have no feelings of animosity against me."

"That is correct. This is the first time Providence has brought us face to face."

"There remains this Indian warrior, who, like yourself, is a perfect stranger to me."

"All that is correct."

"For what reason, then, can I be your prisoner? Unless, as I cannot believe, you belong to those birds of prey, called pirates, who swarm in the desert?"

"We are not pirates, but frank and honest hunters."

"A further reason why I should address my question to you again, and ask you if I am your prisoner or no?"

"The question is not so simple as you suppose, although we have no reproaches to bring against you personally. Have you not insulted or offended other persons since you have been on the prairie?"

"I?"

"Who else but you? Did you not try, no later than last night, to assassinate a man in an ambuscade you laid for him?"

"Yes; but that man is my enemy."

"Well! Suppose, for a moment, we are friends of that man!"

"But it is not so. It cannot be."

"Why not? What makes you suppose so?"

Don Stefano shrugged his shoulders contemptuously.

"You must think me very foolish," he said, "if you would try to make me believe that quibble."

"It is not so much one as you imagine."

"Nonsense! If I had fallen into the hands of that man, he would have had me conveyed to his camp, in order to revenge himself on me in the presence of the bandits he commands, and to whom the sight of my punishment would, doubtlessly, have been too agreeable for him to have tried to deprive them of the delightful sight."

The old hunter, whose language had hitherto been ironical and face malicious, suddenly changed his tone, and became as serious and stern as he had previously been sarcastic. "Listen," he said, "and profit by what you are going to hear. We are not the dupes of your feigned weakness. We know very well that your strength has nearly returned. The advice I give you is frank, and intended to guard you against yourself; you are not our prisoner, it is true, and yet you are not free."

"I do not understand you," Don Stefano interrupted him, the last words clouding over his face, which had suddenly grown brighter.

"Not one of the persons present," Marksman continued, "has any charge to bring against you. We do not know who you are; and before today, I, at least, was entirely ignorant of your existence; but there is a man who asserts that he has against you – not feelings of hatred, for that would be a matter to settle between yourselves in a fair fight – but motives of complaint sufficiently great to justify your immediate trial."

"My trial!" Don Stefano repeated, in the utmost astonishment; "but before what tribunal does that man intend to try me? We are here in the desert."

"Yes; and you seem to forget it. In the desert, where the laws of cities are powerless to punish the guilty, there is a terrible, summary, implacable legislature, to which, in the common welfare, every aggrieved person has a right to appeal, when suspicious circumstances demand it."

"And what is this law?" Don Stefano asked, whose pale face had already assumed a cadaverous hue. —

"It is Lynch law."

"Lynch law?"

"Yes; and in the name of that law we, who, as you say, you do not know, have been assembled to try you."

"Try me! But that is impossible. What crime have I committed? Who is the man that accuses me?"

"I cannot answer these questions. I do not know the crime of which you are accused, nor the name of your accuser; but believe me, we have no hatred or prejudice against you, and we shall, therefore, be impartial. Prepare your defence during the few moments left you, and when the moment arrives, try to prove your innocence, by confounding your accuser – a thing which I ardently desire."

Don Stefano let his head fall in his hands with an expression of despair. "But how would you have me prepare my defence, when I am ignorant of the nature of the crimes imputed to me? Give me a light through the darkness, a flash, however slight, that I may be able to guide myself, and know where I am."

"In speaking as I did, Caballero, I obeyed my conscience, which ordered me to warn you of the danger that threatened you. It would be impossible for me to tell you more, for I am as ignorant as yourself."

"Oh! it is enough to drive a man mad," Don Stefano exclaimed.

At a sign from Marksman, Ruperto and Flying Eagle rose. The hunter nodded to Eglantine to imitate their example. All four withdrew, and Don Stefano was left alone.

The Mexican rolled on the ground with the insensate fury of a man before whom an insurmountable obstacle suddenly rises, and who, driven into a desperate position, is forced to confess himself vanquished. A prey to the deepest anxiety, ignorant whither to turn in order to dispel the tempest growling over his head, he sought in vain in his mind for the means to escape from the hands that held him. His inventive genius, so fertile in schemes of every description, furnished him with no subterfuge, no stratagem, that would aid him advantageously in supporting this supreme contest with the unknown. In vain he racked his brains: he found nothing. Suddenly he drew himself up, and by a movement rapid as thought, thrust his hand into his chest. "Ah!" he exclaimed, sorrowfully, and let his hand fall again by his side, "what has become of my portfolio?" He searched eagerly around him, but found nothing. "I am lost," he added, "if those men have found it. What shall I do? What will become of me?"

A sound of horses was heard in the distance, gradually approaching the spot where the hunters were encamped. The sound soon became more distinct, and it was easy to recognize the advent of a numerous party of horsemen. In fact, within a quarter of an hour, some thirty mounted men, led by Brighteye, entered the clearing. "Brighteye among these bandits!" Don Stefano muttered. "What can be the meaning of it?"

His uncertainty did not last long. The new arrivals escorted a man whom Don Stefano recognized at once. "Don Miguel Ortega! oh, oh!" Then he added, with one of those cunning smiles habitual to him, "Now I know my accuser. Come, come," he said to himself, "the position is not so desperate as I supposed. It is evident these men know nothing, and my precious papers have not fallen into their hands. Hum! I fancy that this terrible Lynch law will be wrong this time, and I shall escape from this peril, as I have done from so many others."

Don Miguel had passed without seeing Don Stefano, or perhaps, as was more likely, without appearing to notice him. As for the prisoner, interested as he was in observing everything, and not allowing the slightest detail to escape his notice, he followed with watchful eye, while feigning the most indifferent behaviour, all the movements of the hunters. After gently depositing the litter at the side of the clearing opposite to that where Don Stefano lay, the Gambusinos, instead of dismounting, formed a large circle, and remained motionless, rifle on thigh, thus rendering any attempt at flight impossible.

Buffalo skulls, intended to act as seats, were arranged in a semicircle round a fire of dry branches. On these skulls, five in number, five men immediately took their seats, arranged in the following order: – Don Miguel Ortega, performing the duties of president, in the centre, having on his right Marksman, on his left Brighteye, and then the Indian Chief and a Gambusino. This tribunal in the open air, in the heart of the virgin forest, surrounded by these horsemen, in their strange costume, motionless as bronze statues, produced an effect at once imposing and striking. These five men, with stern looks and frowning eyebrows, calm and apathetic, bore a marvellous resemblance to that Holy Vehm, which in old times, on the banks of the Rhine, took the place of legal justice, no longer able to repress crime, and gave its judgments in the open air, to the hoarse growling of the winds, and the mysterious murmurs of the waters.

In spite of his daring, Don Stefano felt a shudder of terror all over him, as he looked round the clearing, and saw all eyes fatally fixed upon him, with the implacable rigidity of desert force and justice. "Hum!" he muttered to himself, "I believe I shall have a difficulty to get out of the scrape, and was too hasty in claiming victory."

At this moment, two hunters, at a sign from Don Miguel, quitted the ranks, dismounted, and approached the wounded man. The latter made an effort, and succeeded in gaining his feet. The hunters took him by the arms, and led him before the tribunal. Don Stefano drew himself up, crossed his arms on his chest, and bent a sardonic glance on the men before whom he was led. "Oh, oh!" he said, with a mocking accent, addressing Don Miguel, "it is you, then, Caballero, who are my accuser?"