Chapter XXVIII.

And when thou thus

Shalt stand impleaded at the high tribunal

Of hoodwink'd Justice, who shall tell thy audit!

Cotton.

The buffoon and the pilgrim, though of a general appearance likely to

excite distrust, presented themselves with the confidence and composure of

innocence. Their examination was short, for the account they gave of their

movements was clear and connected. Circumstances that were known to the

monks, too, greatly aided in producing a conviction that they could have

had no agency in the murder. They had left the valley below some hours

before the arrival of Jacques Colis, and they reached the convent, weary

and foot-sore, as was usual with all who ascended that long and toilsome

path, shortly after the commencement of the storm. Measures had been taken

by the local authorities, during the time lost in waiting the arrival of

the bailiff and the châtelain, to ascertain all the minute facts which it

was supposed would be useful in ferreting out the truth; and the results

of these inquiries had also been favorable to these itinerants, whose

habits of vagabondism might otherwise very justly have brought them within

the pale of suspicion.

The flippant Pippo was the principal speaker in the short investigation,

and his answers were given with a ready frankness, that, under the

circumstances, did him and his companion infinite service. The buffoon,

though accustomed to deception and frauds, had sufficient mother-wit to

comprehend the critical position in which he was now placed, and that it

was wiser to be sincere, than to attempt effecting his ends by any of the

usual means of prevarication. He answered the judge, therefore, with a

simplicity which his ordinary pursuits would not have given reason to

expect, and apparently with some touches of feeling that did credit to his

heart.

"This frankness is thy friend," added the châtelain, after he had nearly

exhausted his questions, the answers having convinced him that there was

no ground of suspicion, beyond the adventitious circumstance of their

having been travellers on the same road as the deceased; "it has done much

towards convincing me of thy innocence, and it is in general the best

shield for those who have committed no crime. I only marvel that one of

thy habits should have had the sense to discover it!"

"Suffer me to tell you, Signor Castellano, or Podestà, whichever may be

your eccellenza's proper title, that you have not given Pippo credit for

the wit he really hath. It is true I live by throwing dust into men's

eyes, and by making others think the wrong is the right: but mother Nature

has given us all an insight into our own interests, and mine is quite

clear enough to let me know when the true is better than the false."

"Happy would it be if all had the same faculty and the same disposition to

put it in use."

"I shall not presume to teach one as wise and as experienced as yourself,

eccellenza, but if an humble man might speak freely in this honorable

presence, he would say that it is not common to meet with a fact without

finding it a very near neighbor to a lie. They pass for the wisest and the

most virtuous who best know how to mix the two so artfully together, that,

like the sweets we put upon healing bitters, the palatable may make the

useful go down. Such at least is the opinion of a poor street buffoon,

who has no better claim to merit than having learned his art on the Mole

and in the Toledo of Bellissima Napoli, which, as everybody knows, is a

bit of heaven fallen upon earth!"

The fervor with which Pippo uttered the customary eulogium on the site of

the ancient Parthenope was so natural and characteristic as to excite a

smile in the judge, in spite of the solemn duty in which he was engaged,

and it was believed to be an additional proof of the speaker's innocence.

The châtelain then slowly recapitulated the history of the buffoon and the

pilgrim to his companions, the purport of which was as follows.

Pippo naively admitted the debauch at Vévey, implicating the festivities

of the day and the known frailty of the flesh as the two influencing

causes. Conrad, however, stood upon the purity of his life and the sacred

character of his calling, justifying the company he kept on the

respectable plea of necessity, and on that of the mortifications to which

a pilgrimage should, of right, subject him who undertakes it. They had

quitted Vaud together as early as the evening of the day of the abbaye's

ceremonies, and, from that time to the moment of their arrival at the

convent, had made a diligent use of their legs, in order to cross the Col

before the snows should set in and render the passage dangerous. They had

been seen at Martigny, at Liddes, and St. Pierre, alone and at proper

hours, making the best of their way towards the hospice; and, though of

necessity their progress and actions, for several hours after quitting the

latter place, were not brought within the observation of any but of that

all-seeing eye which commands a view of the recesses of the Alps equally

with those of more frequented spots, their arrival at the abode of the

monks was sufficiently seasonable to give reason to believe that no

portion of the intervening time had been wasted by the way. Thus far their

account of themselves and their movements was distinct, while, on the

other hand, there was not a single fact to implicate either, beyond the

suspicion that was more or less common to all who happened to be on the

mountain at the moment the crime was committed.

"The innocence of these two men would seem so clear, and their readiness

to appear and answer to our questions is so much in their favor," observed

the experienced châtelain, "that I do not deem it just to detain them

longer. The pilgrim, in particular, has a heavy trust; I understand he

performs his penance as much for others as for himself, and it is scarce

decent in us, who are believers and servants of the church, to place

obstacles in his path. I will suggest the expediency, therefore, of giving

him at least permission to depart."

"As we are near the end of the inquiries," interrupted the Signor

Grimaldi, gravely, "I would suggest, with due deference to a better

opinion and more experience, the propriety that all should remain,

ourselves included, until we have come to a better understanding of the

truth."

Both Pippo and the pilgrim met this suggestion with ready declarations of

their willingness to continue at the convent until the following morning.

This little concession, however, had no great merit, for the lateness of

the hour rendered it imprudent to depart immediately; and the; affair was

finally settled by ordering them to retire, it being understood that,

unless previously called for, they might depart with the reappearance of

the dawn. Maso was the next and the last to be examined.

Il Maledetto presented himself with perfect steadiness of nerve. He was

accompanied by Nettuno, the mastiffs of the convent having been kennelled

for the night. It had been the habit of the dog of late to stray among

the rocks by day, and to return to the convent in the evening in quest of

food, the sterile St. Bernard possessing nothing whatever for the support

of man or beast except that which came from the liberality of the monks,

every animal but the chamois and the lämmergeyer refusing to ascend so

near the region of eternal snows. In his master, however, Nettuno found a

steady friend, never failing to receive all that was necessary to his

wants from the portion of Maso himself; for the faithful beast was

admitted at his periodical visits to the temporary prison in which the

latter was confined.

The châtelain waited; a moment for the little stir occasioned by the

entrance of the prisoner to subside, when he pursued the inquiry.

"Thou art a Genoese of the name of Thomaso Santi?" he asked, consulting

his notes.

"By this name, Signore, am I generally known."

"Thou art a mariner, and it is said one of courage and skill. Why hast

thou given thyself the ungracious appellation of Il Maledetto?"

"Men call me thus. It is a misfortune, but not a crime, to be accursed."

"He that is so ready to abuse his own fortunes should not be surprised if

others are led to think he merits his fate. We have some accounts of thee

in Valais; 'tis said thou art a free-trader?"

"The fact can little concern Valais or her government, since all come and

go unquestioned in this free land."

"It is true, we do not imitate our neighbors in all their policy; neither

do we like to see so often those who set at naught the laws of friendly

states. Why art thou journeying on this road?"

"Signore, if I am what you say, the reason of my being here is

sufficiently plain. It is probably because the Lombard and Piedmontese

are more exacting of the stranger than you of the mountains."

"Your effects have been examined, and they offer nothing to support the

suspicion. By all appearances, Maso, thou hast not much of the goods of

life to boast of; but, in spite of this, thy reputation clings to thee."

"Ay, Signore, this is much after the world's humor. Let it fancy any

quality in a man, and he is sure to get more than his share of the same,

whether it be for or against his interest. The rich man's florin is

quickly coined into a sequin by vulgar tongues, while the poor man is

lucky if he can get the change of a silver mark for an ounce of the better

metal. Even poor Nettuno finds it difficult to get a living here at the

convent, because some difference in coat and instinct has given him a bad

name among the dogs of St. Bernard!"

"Thy answer agrees with thy character; thou art said to have more wit than

honesty, Maso, and thou art described as one that can form a desperate

resolution and act up to its decision at need?"

"I am as Heaven willed at the birth, Signor Castellano, and as the chances

of a pretty busy life have served to give the work its finish. That I am

not wanting in manly qualities on occasion, perhaps these noble travellers

will be willing to testify, in consideration of some activity that I may

have shown on the Leman, during their late passage of that treacherous

water."

Though this was said carelessly, the appeal to the recollection and

gratitude of those he had served was too direct to be overlooked. Melchior

de Willading, the pious clavier, and the Signor Grimaldi all testified in

behalf of the prisoner, freely admitting that, without his coolness and

skill, the Winkelried and all she held would irretrievably have been lost.

Sigismund was not content with so cold a demonstration of his feelings. He

owed not only the lives of his father and him self to the courage of Maso,

but that of one dearer than all; one whose preservation, to his youthful

imagination, seemed a service that might nearly atone for any crime, and

his gratitude was in proportion.

"I will testify more strongly to thy merit, Maso, in face of this or any

tribunal;" he said, grasping the hand of the Italian. "One who showed so

much bravery and so strong love for his fellows, would be little likely to

take life clandestinely and like a coward. Thou mayest count on my

testimony in this strait--if thou art guilty of this crime, who can hope

to be innocent?"

Maso returned the friendly grasp till their fingers seemed to grow into

each other. His eye, too, showed he was not without wholesome native

sympathies, though education and his habits might have warped them from

their true direction. A tear, in spite of his effort to suppress the

weakness started from its fountain, rolling down his sunburnt cheek like a

solitary rivulet trickling through a barren and rugged waste.

"This is frank, and as becomes a soldier, Signore," he said, "and I

receive it as it is given, in kindness and love. But we will not lay more

stress upon the affair of the lake than it deserves. This keen-sighted

châtelain need not be told that I could not be of use in saving your

lives, without saving my own; and, unless I much mistake the meaning of

his eye, he is about to say that we are fashioned like this wild country

in which chance has brought us together, with our spots of generous

fertility mingled with much unfruitful rock, and that he who does a good

act to-day may forget himself by doing an evil turn to-morrow."

"Thou givest reason to all who hear thee to mourn that thy career has not

been more profitable to thyself and the public," answered the judge; "one

who can reason so-well, and who hath this clear insight into his own

disposition, must err less from ignorance than wantonness!"

"There you do me injustice, Signor Castellano, and the laws more credit

than they deserve. I shall not deny that justice--or what is called

justice--and I have some acquaintance. I have been the tenant of many

prisons before this which has been furnished by the holy canons, and I

have seen every stage of the rogue's progress, from him who is still

startled by his first crime, dreaming heavy dreams, and fancying each

stone of his cell has an eye to reproach him, to him who no sooner does a

wrong than it is forgotten in the wish to find the means of committing

another; and I call Heaven as a witness, that more is done to help along

the scholar in his study of vice, by those who are styled the ministers of

justice, than by his own natural frailties, the wants of his habits, or

the strength of his passions. Let the judge feel a father's mildness, the

laws possess that pure justice which is of things that are not perverted,

and society become what it claims to be, a community of mutual support,

and, my life on it, châtelain, thy functions will be lessened of most of

their weight and of all their oppression."

"This language is bold, and without an object. Explain the manner of thy

quitting Vévey, Maso, the road thou hast travelled, the hours of thy

passages by the different villages, and the reason why thou wert

discovered near the Refuge, alone, and why thou quittedst the companions

with whom thou hadst passed the night so early and so clandestinely?"

The Italian listened attentively to these several interrogatories; when

they were all put, he gravely and calmly set about furnishing his answers.

The history of his departure from Vévey, his appearance at St. Maurice,

Martigny, Liddes, and St. Pierre, was distinctly given, and it was in

perfect accordance with the private information that had been gleaned by

the authorities. He had passed the last habitation on the mountain, on

foot and alone, about an hour before the solitary horseman, who was now

known to be Jacques Colis, was seen to proceed in the same direction; and

he admitted that he was overtaken by the latter, just as he reached the

upper extremity of the plain beneath Vélan, where they were seen in

company, though at a considerable distance, and by a doubtful light, by

the travellers who were conducted by Pierre.

Thus far the account given of himself by Maso was in perfect conformity

with what was already known to the châtelain; but, after turning the rock

already mentioned in a previous chapter, all was buried in mystery, with

the exception of the incidents that have been regularly related in the

narrative. The Italian, in his further explanations, added that he soon

parted with his companion, who, impatient of delay, and desirous of

reaching the convent before night, had urged his beast to greater speed,

while he himself had turned a little aside from the path to rest himself,

and to make a few preparations that he had deemed necessary before going

directly to the convent.

The whole of this short history was delivered with a composure as great as

that which had just been displayed by Pippo and the pilgrim; and it was

impossible for any present to detect the slightest improbability or

contradiction in the tale. The meeting with the other travellers in the

storm Maso ascribed to the fact of their having passed him while he was

stationary, and to his greater speed when in motion; two circumstances

that were quite as likely to be true as all the rest of the account. He

had left the Refuge at the first glimpse of dawn, because he was behind

his time, and it had been his intention to descend to Aoste that night, an

exertion that was necessary in order to repair the loss.

"This may be true," resumed the judge; "but how dost thou account for thy

poverty? In searching thy effects, thou art found to be in a condition

little better than that of a mendicant. Even thy purse is empty, though

known to be a successful and desperate trifler with the revenue, in all

those states where the entrance duty is enforced."

"He that plays deepest, Signore, is most likely to be stripped of his

means. What is there new or unlooked for in the fact that a dealer in the

contraband should lose his venture?"

"This is more plausible than convincing. Thou art signalled as being

accustomed to transport articles of the jewellers from Geneva into the

adjoining states, and thou art known to come from the head-quarters of

these artisans. Thy losses must have been unusual, to have left thee so

naked. I much fear that a bootless speculation in thy usual trade has

driven thee to repair the loss by the murder of this unhappy man, who left

his home well supplied with gold, and, as it would seem, with a valuable

store of jewelry, too. The particulars are especially mentioned in this

written account of his effects, which the honorable bailiff bringeth from

his friends."

Maso mused silently, and in deep abstraction. He then desired that the

chapel might be cleared of all but the travellers of condition, the

monks, and his judges. The request was granted, for it was expected that

he was about to make an important confession, as indeed, in a certain

degree, proved to be the fact.

"Should I clear myself of the charge of poverty, Signor Castellano," he

demanded, when all the inferiors had left the place, "shall I stand

acquitted in your eyes of the charge of murder?"

"Surely not: still thou wilt have removed one of the principal grounds of

temptation, and in that thou wilt be greatly the gainer, for we know that

Jacques Colis hath been robbed as well as slain."

Maso appeared to deliberate again, as a man is apt to pause before he

takes a step that may materially affect his interests. But suddenly

deciding, like a man of prompt opinions, he called to Nettuno, and,

seating himself on the steps of one of the side-altars, he proceeded to

make his revelation with great method and coolness. Removing some of the

long shaggy hair of the dog, Il Maledetto showed the attentive and curious

spectators that a belt of leather had been ingeniously placed about the

body of the animal, next its skin. It was so concealed as to be quite hid

from the view of those who did not make particular search, a process that

Nettuno, judging by the scowling looks he threw at most present, and the

manner in which he showed his teeth, would not be likely to permit to a

stranger. The belt was opened, and Maso laid a glittering necklace of

precious stones, in which rubies and emeralds vied with other gems of

price, with some of a dealer's coquetry, under the strong light of the

lamp.

"There you see the fruits of a life of hazards and hardships, Signor

Châtelain," he said; "if my purse is empty, it is because the Jewish

Calvinists of Geneva have taken the last liard in payment of the jewels."

"This is an ornament of rare beauty and exceeding value, to be seen in the

possession of one of thy appearance and habits, Maso!" exclaimed the

frugal Valaisan.

"Signore, its cost was a hundred doppie of pure gold and full weight, and

it is contracted for with a young noble of Milano, who hopes to win his

mistress by the present, for a profit of fifty. Affairs were getting low

with me in consequence of sundry seizures and a total wreck, and I took

the adventure with the hope of sudden and great gain. As there is nothing

against the laws of Valais in the matter, I trust to stand acquitted,

châtelain, for my frankness. One who was master of this would be little

likely to shed blood for the trifle that would be found on the person of

Jacques Colis."

"Thou hast more," observed the judge, signing with his hand as he spoke;

"let us see all thou hast."

"Not a brooch, or so much as a worthless garnet."

"Nay, I see the belt which contains them among the hairs of the dog."

Maso either felt or feigned a well-acted surprise. Nettuno had been placed

in a convenient attitude for his master to unloosen the belt, and, as it

was the intention of the latter to replace it, the animal still lay

quietly in the same position, a circumstance which displaced his shaggy

coat, and allowed the châtelain to detect the object to which he had just

alluded.

"Signore," said the smuggler, changing color but endeavoring to speak

lightly of a discovery which all the others present evidently considered

to be grave, "it would seem that the dog, accustomed to do these little

offices in behalf of his master, has been tempted by success to undertake

a speculation on his own account. By my patron saint and the Virgin! I

know nothing of this second adventure."

"Trifle not, but undo the belt, lest I have the beast muzzled that it may

be performed by others." sternly commanded the châtelain.

The Italian complied, though with an ill grace that was much too apparent

for his own interest. Having loosened the fastenings, he reluctantly gave

the envelope to the Valaisan. The latter cut the cloth, and laid some ten

or fifteen different pieces of jewelry on the table. The spectators

crowded about the spot in curiosity, while the judge eagerly referred to

the written description of the effects of the murdered man.

"A ring of brilliants, with an emerald of price, the setting chased and

heavy," read the Valaisan.

"Thank God, it is not here!" exclaimed the Signor Grimaldi. "One could

wish to find so true a mariner innocent of this bloody deed!"

The châtelain believed he was on the scent of a secret that had begun to

perplex him, and as few are so inherently humane as to prefer the

advantage of another to their own success, he heard both the announcement

and the declaration of the noble Genoese with a frown.

"A cross of turquoise of the length of two inches, with pearls of no great

value intermixed," continued the judge.

Sigismund groaned and turned away from the table.

"Unhappily, here is that which too well answers to the description!"

slowly and with evident reluctance, escaped from the Signor Grimaldi.

"Let it be measured," demanded the prisoner.

The experiment was made, and the agreement was found to be perfect

"Bracelets of rubies, the stones set in foil, and six in number,"

continued the methodical châtelain, whose eye now lighted with the triumph

of victory.

"These are wanting!" cried Melchior de Willading, who, in common with all

whom he had served, took a lively interest in the fate of Maso. "There are

no jewels of this description here!"

"Come to the next, Herr Châtelain," put in Peterchen, leaning to the side

of the law's triumph; "let us have the next, o' God's name!"

"A brooch of amethyst, the stone of our own mountains, set in foil, and

the size of one-eighth of an inch; form oval."

It was lying on the table, beyond all possibility of dispute. All the

remaining articles, which were chiefly rings of the less prized stones,

such as jasper, granite, topaz, and turquoise, were also identified,

answering perfectly to the description furnished by the jeweller, who had

sold them to Jacques Colis the night of the fête, when, with Swiss thrift,

he had laid in this small stock in trade, with a view to diminish the cost

of his intended journey.

"It is a principle of law, unfortunate man," remarked the châtelain,

removing the spectacles he had mounted in order to read the list, "that

effects wrongly taken from one robbed criminate him in whose possession

they are found, unless he can render a clear account of the transfer. What

hast thou to say on this head?"

"Not a syllable, Signore; I must refer you and all others to the dog, who

alone can furnish the history of these baubles. It is clear that I am

little known in the Valais, for Maso never deals in trifles insignificant

as these."

"The pretext will not serve thee, Maso; thou triflest in an affair of

life and death. Wilt thou confess thy crime, ere we proceed to

extremities?"

"That I have been long at open variance with the law, Signor Castellano,

is true, if you will have it so; but I am as innocent of this man's death

as the noble Baron de Willading here. That the Genoese authorities were

looking for me, on account of some secret understanding that the republic

has with its old enemies, the Savoyards, I frankly allow too; but it was a

matter of gain, and not of blood. I have taken life in my time, Signore,

but it has been in fair combat, whether the cause was just or not."

"Enough has been proved against thee already to justify the use of the

torture in order to have the rest."

"Nay; I do not see the necessity of this appeal," remarked the bailiff.

"There lies the dead, here is his property, and yonder stands the

criminal. It is an affair that only wants the forms, methinks, to be

committed presently to the axe."

"Of all the foul offences against God and man," resumed the Valaisan, in

the manner of one that is about to sentence, "that which hastens a living

soul, unshrived, unconfessed, unprepared, and with all its sins upon it,

into another state of being and into the dread presence of his Almighty

Judge, is the heaviest, and the last to be overlooked by the law. There is

less excuse for thee, Thomaso Santi, for thy education has been far

superior to thy fortunes, and thou hast passed a life of vice and violence

in opposition to thy reason and what was taught thee in youth. Thou hast,

therefore, little ground for hope, since the state I serve loves justice

in its purity above all other qualities."

"Nobly spoken! Herr Châtelain," cried the bailiff, "and in a manner to

send repentance like a dagger into the criminal's soul. What is thought

and said in Valais we echo in Vaud, and I would not that any I love stood

in thy shoes, Maso, for the honors of the emperor!"

"Signori, you have both spoken, and it is as men whom fortune hath favored

since childhood. It is easy for those who are in prosperity to be upright

in all that touches money, though by the light of the blessed Maria's

countenance I do think there is more coveted by those who have much than

by the hardy and industrious poor. I am no stranger, to that which men

call justice, and know how to honor and respect its decrees as they

deserve. Justice, Signori, is the weak man's scourge and the strong man's

sword: it is a breast-plate and back-plate to the one and a weapon to be

parried by the other. In short, it is a word of fair import, on the

tongue, but of most unequal application in the deed."

"We overlook thy language in consideration of the pass to which thy crimes

have reduced thee, unhappy man, though it is an aggravation of thy

offences, since it proves thou hast sinned equally against thyself and us.

This affair need go no farther; the headsman and the other travellers may

be dismissed: we commit the Italian to the irons."

Maso heard the order without alarm, though he appeared to be maintaining a

violent struggle with himself. He paced the chapel rapidly, and muttered

much between his teeth. His words were not intelligible, though they were

evidently of strong, if not violent, import. At length he stopped short,

in the manner of one who had decided.

"This-matter grows serious," he said: "it will admit of no farther

hesitation. Signor Grimaldi, command all to leave the chapel in whose

discretion you have not the most perfect confidence."

"I see none to be distrusted," answered the surprised Genoese.

"Then will I speak."

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