He could hardly help being astonished. A judge engaged merely in this examination, he knew nothing of what is known by those who have followed this history, and who cannot doubt but that Torres held in his hands the material proof of Joam Dacosta's innocence. They know that the document existed; that it contained this evidence; and perhaps they may be led to think that Judge Jarriquez was pitilessly incredulous. But they should remember that Judge Jarriquez was not in their position; that he was accustomed to the invariable protestations of the culprits who came before him. The document which Joam Dacosta appealed to was not produced; he did not really know if it actually existed; and to conclude, he had before him a man whose guilt had for him the certainty of a settled thing.
However, he wished, perhaps through curiosity, to drive Joam Dacosta behind his last entrenchments.
"And so," he said, "all your hope now rests on the declaration which has been made to you by Torres."
"Yes, sir, if my whole life does not plead for me."
"Where do you think Torres really is?"
"I think in Manaos."
"And you hope that he will speak--that he will consent to good-naturedly hand over to you the document for which you have declined to pay the price he asked?"
"I hope so, sir," replied Joam Dacosta; "the situation now is not the same for Torres; he has denounced me, and consequently he cannot retain any hope of resuming his bargaining under the previous conditions. But this document might still be worth a fortune if, supposing I am acquitted or executed, it should ever escape him. Hence his interest is to sell me the document, which can thus not injure him in any way, and I think he will act according to his interest."
The reasoning of Joam Dacosta was unanswerable, and Judge Jarriquez felt it to be so. He made the only possible objection.
"The interest of Torres is doubtless to selel you the document--if the document exists."
"If it does not exist," answered Joam Dacosta, in a penetrating voice, "in trusting to the justice of men, I must put my trust only in God!"
At these words Judge Jarriquez rose, and, in not quite such an indifferent tone, said, "Joam Dacosta, in examining you here, in allowing you to relate the particulars of your past life and to protest your innocence, I have gone further than my instructions allow me. An information has already been laid in this affair, and you have appeared before the jury at Villa Rica, whose verdict was given unanimously, and without even the addition of extenuating circumstances. You have been found guilty of the instigation of, and complicity in, the murder of the soldiers and the robbery of the diamonds at Tijuco, the capital sentence was pronounced on you, and it was only by flight that you escaped execution. But that you came here to deliver yourself over, or not, to the hands of justice twenty-three years afterward, you would never have been retaken. For the last time, you admit that you are Joam Dacosta, the condemned man of the diamond arrayal?"
"I am Joam Dacosta."
"You are ready to sign this declaration?"
"I am ready."
And with a hand without a tremble Joam Dacosta put his name to the foot of the declaration and the report which Judge Jarriquez had made his clerk draw up.
"The report, addressed to the minister of justice, is to be sent off to Rio Janeiro," said the magistrate. "Many days will elapse before we receive orders to carry out your sentence. If then, as you say, Torres possesses the proof of your innocence, do all you can yourself--do all you can through your friends--do everything, so that that proof can be produced in time. Once the order arrives no delay will be possible, and justice must take its course."
Joam Dacosta bowed slightly.
"Shall I be allowed in the meantime to see my wife and children?" he asked.
"After to-day, if you wish," answered Judge Jarriquez; "you are no longer in close confinement, and they can be brought to you as soon as they apply."
The magistrate then rang the bell.