Chapter 4: Moral Proofs

THE WARRANT against Joam Dacosta, alias Joam Garral, had been issued by the assistant of Judge Ribeiro, who filled the position of the magistrate in the province of Amazones, until the nomination of the successor of the late justice.

This assistant bore the name of Vicente Jarriquez. He was a surly little fellow, whom forty years' practice in criminal procedure had not rendered particularly friendly toward those who came before him. He had had so many cases of this sort, and tried and sentenced so many rascals, that a prisoner's innocence seemed to him _à priori_ inadmissable. To be sure, he did not come to a decision unconscientiously; but his conscience was strongly fortified and was not easily affected by the circumstances of the examination or the arguments for the defense. Like a good many judges, he thought but little of the indulgence of the jury, and when a prisoner was brought before him, after having passed through the sieve of inquest, inquiry, and examination, there was every presumption in his eyes that the man was quite ten times guilty.

Jarriquez, however, was not a bad man. Nervous, fidgety, talkative, keen, crafty, he had a curious look about him, with his big head on his little body; his ruffled hair, which would not have disgraced the judge's wig of the past; his piercing gimlet-like eyes, with their expression of surprising acuteness; his prominent nose, with which he would assuredly have gesticulated had it been movable; his ears wide open, so as to better catch all that was said, even when it was out of range of ordinary auditory apparatus; his fingers unceasingly tapping the table in front of him, like those of a pianist practicing on the mute; and his body so long and his legs so short, and his feet perpetually crossing and recrossing, as he sat in state in his magistrate's chair.

In private life, Jarriquez, who was a confirmed old bachelor, never left his law-books but for the table which he did not despise; for chess, of which he was a past master; and above all things for Chinese puzzles, enigmas, charades, rebuses, anagrams, riddles, and such things, with which, like more than one European justice--thorough sphinxes by taste as well as by profession--he principally passed his leisure.

It will be seen that he was an original, and it will be seen also how much Joam Dacosta had lost by the death of Judge Ribeiro, inasmuch as his case would come before this not very agreeable judge.

Moreover, the task of Jarriquez was in a way very simple. He had either to inquire nor to rule; he had not even to regulate a discussion nor to obtain a verdict, neither to apply the articles of the penal code nor to pronounce a sentence. Unfortunately for the fazender, such formalities were no longer necessary; Joam Dacosta had been arrested, convicted, and sentenced twenty-three years ago for the crime at Tijuco; no limitation had yet affected his sentence. No demand in commutation of the penalty could be introduced, and no appeal for mercy could be received. It was only necessary then to establish his identity, and as soon as the order arrived from Rio Janeiro justice would have to take its course.

But in the nature of things Joam Dacosta would protest his innocence; he would say he had been unjustly condemned. The magistrate's duty, notwithstanding the opinions he held, would be to listen to him. The question would be, what proofs could the convict offer to make good his assertions? And if he was not able to produce them when he appeared before his first judges, was he able to do so now?

Herein consisted all the interest of the examination. There would have to be admitted the fact of a defaulter, prosperous and safe in a foreign country, leaving his refuge of his own free will to face the justice which his past life should have taught him to dread, and herein would be one of those rare and curious cases which ought to interest even a magistrate hardened with all the surroundings of forensic strife. Was it impudent folly on the part of the doomed man of Tijuco, who was tired of his life, or was it the impulse of a conscience which would at all risks have wrong set right? The problem was a strange one, it must be acknowledged.

On the morrow of Joam Dacosta's arrest, Judge Jarriquez made his way to the prison in God-the-Son Street, where the convict had been placed. The prison was an old missionary convent, situated on the bank of one of the principal iguarapes of the town. To the voluntary prisoners of former times there had succeeded in this building, which was but little adapted for the purpose, the compulsory prisoners of to-day. The room occupied by Joam Dacosta was nothing like one of those sad little cells which form part of our modern penitentiary system: but an old monk's room, with a barred window without shutters, opening on to an uncultivated space, a bench in one corner, and a kind of pallet in the other. It was from this apartment that Joam Dacosta, on this 25th of August, about eleven o'clock in the morning, was taken and brought into the judge's room, which was the old common hall of the convent.

Judge Jarriquez was there in front of his desk, perched on his high chair, his back turned toward the window, so that his face was in shadow while that of the accused remained in full daylight. His clerk, with the indifference which characterizes these legal folks, had taken his seat at the end of the table, his pen behind his ear, ready to record the questions and answers.

Joam Dacosta was introduced into the room, and at a sign from the judge the guards who had brought him withdrew.

Judge Jarriquez looked at the accused for some time. The latter, leaning slightly forward and maintaining a becoming attitude, neither careless nor humble, waited with dignity for the questions to which he was expected to reply.

"Your name?" said Judge Jarriquez.

"Joam Dacosta."

"Your age?"

"Fifty-two."

"Where do you live?"

"In Peru, at the village of Iquitos."

"Under what name?"

"Under that of Garral, which is that of my mother."

"And why do you bear that name?"

"Because for twenty-three years I wished to hide myself from the pursuit of Brazilian justice."

The answers were so exact, and seemed to show that Joam Dacosta had made up his mind to confess everything concerning his past and present life, that Judge Jarriquez, little accustomed to such a course, cocked up his nose more than was usual to him.