power to call for aid except of God Our Lord and Holy Mary his Mother, Our Lady, and tie certain cords round her throat, and tightened them until she was strangled and naturally died; and after dead, he put her down, and called his servants, and ordered one Villanueva, his valet, to tell me, Juan Suarez, to remain quiet in my room. That Villanueva, knowing or suspecting what had happened, sent a neighbor, Esidro Moreno, to deliver the message, which he did, accompa-rogatories is the following. For instance, nied by many threats, in case I should ven- take the next, the 4th:ture where my sister was. That the said Don Hernando Cortes then covered her face

but of their own free will. That, after being laid out, Doña Catalina was put on a bier, until morning; and at dawn they put her in a coffin and carried her off to be buried." Then follow two fine specimens of leading questions, viz., 10th:—

that you have killed your wife; for the love of God see and have that coffin opened, so that the people may see that there is no truth in the report, and that your own honor may be vindicated, otherwise everybody will believe it.'"

And 11th:

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Item, if she knows that Don Fernando Cortes answered and said, Whoever says so, let him go to the Devil; I am not obliged the first Alcalde, Diego Ocanpo, being presto render an account to any one.' And that ent, said, 'Such a thing is not to be presumed of your worship, and let those who say it be considered evil speakers.'"

To this curious style of hearsay interrogatory, Ana Rodriguez consistently replies:

son of her unhappiness, since she had so recently joined her husband after such a lengthened absence, in the island of Cuba, where she had received ill treatment at the hands of the Courts, and now she was with her husband and in prosperity, the witness replied, that she believed she was jealous, and was unhappy because Don Fernando "If she knows that after the coffin was feasted other ladies and women in the neigh-closed, two San Franciscan friars went early borhood. That on the same night she saw in the morning to see Don Fernando Cortes, Don Fernando and Doña Catalina, in very and said to him, 'Señor, all the city says good humor, retire to their chamber, and this witness being the lady's-maid of Doña Catalina, undressed her and saw her to bed, apparently in good health; then went to her own room to sleep, as usual, leaving the two in bed as she was wont. That a short time after this, on the same night, this witness being already asleep, an Indian woman came to call her and told her that Don Fernando wanted her; that she got up and dressed and went to his room, when he told her to fetch a light, for it was dark; that she did so, and on entering the room he said to her, 'I think my wife is dead,' and this witness and the wife of Soria went to the bed and found her resting on the arm of Don Fernando, dead, and him calling on her thinking she had swooned (for she was subject to fainting fits). There was also present Alonzo de Villanueva, his valet, and Violante Rodriguez, who came along with this witness when she brought the candle. That Don Fernando's body-guard used to be in the ante-chamber, but she does not remember whether the guard was set that night or not. She knows, however, that he did not call any others but this witness and his servants, who came into this room before Doña Catalina was laid out. That owing to her perturbation on entering the room she did not take notice of the beads, but, in the morning an Indian woman gave her some gold beads, which Doña Catalina had been in the habit of wearing round her neck, saying that she had found them in the room, and further that she saw some black marks on her throat; and suspecting that Don Fernando had strangled his wife, she asked what marks "That she heard that Don Fernando, after those were, and he replied, that he had taken hold of her there in trying to rouse her when her death, but before her burial, sent word to she fainted; but this witness and the other Juan Suarez, her brother, that he had been servants present suspected him of having the cause of her death, on account of some strangled her, and murmured among them- misunderstanding he had had with him." selves to that effect. That she and Maria de Elvira Hernandez answers most of the Vera and others present covered the body leading questions simply in the affirmative. with a shawl, not by order of Don Fernando, The only additional circumstances mentioned by her are :—

This is in answer to a leading question (the 7th), whether on entering the room they found Doña C. Suarez dead, and the beads of her necklace strewed over the bed, some of them broken, the bed wet, and the body showing marks of vio

lence on the throat.

"That she heard the matter in this question publicly mentioned at the time, and that in reply to the remark, Have a care, señor, for they say that you killed your wife,' he replied, 'She went to bed in good health, and in the morning she was dead.'" The next interrogatory is,

"If she knows, believes, has seen, or heard tell, that immediately after her death, on the same night, about twelve o'clock, Cortes sent Alonzo de Villanueva, his valet, to tell Juan Suarez, her brother, not to leave his room on pain of death, which message the said Alonzo de Villanueva did not like to deliver, but sent instead one Isidro Moreno to do so." To this she replies :

died she saw her in church at a funeral ser"That on the day when Doña Catalina vice in perfect health, and that from the church she invited a number of ladies to her

house; that this witness had heard it said and this witness and the other servants of that on that evening she had been very merry the house went to sleep. In two or three and in great spirits, and had gone very late hours afterwards, as near as this witness can to bed; and that one Bartolome, a friar of judge, they came to call the mayor-domo himthe order of Our Lady of Mercies, told this self and the other servants, saying that Doña witness that before going to bed Doña Cata- Catalina was dead; and that this witness lina had gone into the chapel, and had cried and Diego de Soto, the mayor-domo, went to and sobbed much, and that Don Fernando Don Fernando's room, and found him with had asked her why she cried, and that she two pages, one called Salazar, and the other had replied, to let her alone, that she wished Villareal, cousin of Antonio de Villareal, to die, and that in the morning she was dead. now mayor of this city. That when they That she remembers hearing Maria de Vera came into the room, where A. de Villanueva [another witness] say, that when she went had arrived a minute before them, they found into the room and found the deceased cov- Don Fernando shouting and beating himself ered with a shawl, she was about to remove against the wall, and the two pages endeavit, when Don Fernando told her to let it oring to restrain him; that this was the room alone, that it was well enough, and that she where Don Fernando and his wife slept; had seen marks of violence on her throat, that after they were in the room as above and a stain of blood on her forehead, and related, they sent this witness to call a friar some beads of her necklace broken. Asked of the order of Mercy named Fray Bartoloif she knows or believes that Don Fernando meo, and to tell him to come and console Don killed his wife. Replies that the whole town Fernando, for his wife was dead, and also to said so publicly at the time, and that she tell Juan Suarez of Doña Catalina's death, suspected it, because she had gone to bed and that he was not to go there, for that his well and was dead in the morning, and also importunities had been the cause of his sisbecause at that time there arrived one Juan ter's death. That he was sent to deliver Bono with proposals of marriage with a lady these messages by A. de Villanueva, the in Castile, and that the day previous he had valet, and D. de Soto, the mayor-domo, who been shut up with this Juan Bono in a pri- said they were the orders of Don Fernando. vate interview the whole day, and they say Being asked what were the words which that this marriage was the subject of discus- passed at table between Don Fernando and Doña Catalina, which caused her to get up and go to her room weeping or in a pet, he replied, that when Don Fernando and Doña above mentioned, were at supper, Doña CatCatalina, and other ladies and gentlemen, as alina said to Solis, then a captain of artillery, Nothing will serve you, Solis, but you must employ my Indians in other matters than what I order, and I cannot get what I want done;' and that to these words Solis replied, I, señora, do not employ them; there is his worship who orders and employs them; 'and that she replied, 'I promise you that before many days I shall arrange matters so that nobody shall interfere with what is mine;' and that Don Fernando answered and said,

sion."

Anton Hernandez, wife of Balthazar Rodriguez, and Violante Rodriguez, wife of Diego de Soria, do little more than answer the leading questions in the affirmative. Isidro Moreno knows of the party at Don Fernando's house,

"because he was a servant in the house, and had accounts with the mayor-domo relative to house expenses, and saw Doña Catalina well and merry in the feast given that day. That after the entertainment, and at the suppertable, the cloth being already removed, in consequence of some remark made by Don Fernando, Doña Catalina rose from the table, and, having made her obeisance (acatamiento), left the room in a pet, while Don Fernando remained with the visitors. After awhile, the company broke up, and he went into another room to undress, as was his custom. He remained for an hour or two talking with some of the people of the house, and then with his page retired to go to bed,

*This is inconsistent with the statement in the previous witness' evidence, that she said she was jealous because her husband feasted other ladies, the invitation, in this instance, having come from her, not from her husband; but the inconsistency may have been in Doña Catalina's own statement, not in the evidence of the witnesses:-a jealous, passionate woman is not bound or expected to be

consistent.

With what is yours, señora? I do not want any thing of yours; and this he said as in joke, but the other ladies laughed, and Doña Catalina felt ashamed (se avergonso), and retired as above stated."

Maria de Vera merely corroborates the others. Maria Hernandez, wife of Francisco de Quevedo, says :—

"That on one of the days in the month of October, about All Saints' Day, in the year 1522, Francisco de Quevedo, the husband of this witness, told her that Doña Catalina Suarez had gone to church, that day a very genteel woman, muy gentil muger (i.e., very well got up), more than on other days, and

that that same night, being in the city of protruding from their sockets, as of a perCoyoacan at the feast at Don Fernando's son who had been strangled, and that her house, the said Doña Catalina had danced lips were thick and black, and that she had and enjoyed herself until a matter of 10 also two flecks of foam in her mouth, one on o'clock at night, and that at 11 o'clock of each side, and a drop of blood on the shawl the same night it was said that the said where it had covered her forehead, and a Doña Gatalina was dead, and that this was scratch between her eyebrows, all of which told to this witness by Christopher Corral, appeared to this witness and to Gallarda to Captain of the Guard of Don F. Cortes. be signs that Doña Catalina had been stranThat the day on which Doña Catalina Suarez gled and had not died a natural death; and was found dead in the morning, this witness so it was publicly said that Don Fernando heard the bells toll, and asked for whom Cortes had killed Doña Catalina Suarez, his they tolled, and seeing a servant of Don wife, in order to marry another woman of Fernando Cortes pass, who was his maestre higher station, and that the said Christr. sala [the servant who announces visitors and Corral, Captain of the Guard of Don Fershows them the way out, but in a household nando, told this witness that Don Fernando like that of Cortes probably an official of after the death of Doña Catalina had gone some importance], who was called Manuel, into an orchard one day, dressed in a velwho was dressed in a mourning cloak, and vet coat, and walking up and down in the this witness asked him for whom he was in orchard said to Corral, What think you, mourning and for whom the bells were toll- may a man now marry whom he pleases? ing, and he told her that Doña Catalina was And for this reason this witness suspected dead, and that this witness, suspecting that and still suspects that Don Fernando Cortes Don Fernando Cortes had killed her, said to killed Doña Catalina, his wife, and so it is Gallarda, a neighbor of hers, who was a mid- held for certain in this New Spain." wife, that they should go and see Doña CataHere the evidence closes. There is none lina Suarez how she had died, and that this tendered on behalf of Cortes; the process witness suspected and held it for certain that Don Fernando Cortes had killed Doña Cata- seems to have gone no further, and we are lina, his wife, for Doña Catalina had much left to form our conclusions from the oneconversation and friendship with this wit- sided materials brought against him. Is he ness, because they had known each other in innocent or guilty? Not-innocent or guilty Cuba, and Doña Catalina, oftentimes telling according to human laws; but in our hearts this witness of the unhappy life which she do we think that he did the deed or not? passed secretly with Don Fernando Cortes, The presumption of law is that every man is and how he often pitched her out of bed at night and otherwise maltreated her, said to innocent until he is proved guilty. No such this witness, Ah! señora, wife of Quevedo, presumption can be imported into the judgone day you will find me dead in the morn- ments of posterity-all legal rules are by it ing, judging by the life I pass with Don Fer- disregarded, and the moral evidence, or innando, and that she held him in terror, and tuitive conviction, is the test by which, also, because in this city it was publicly stated whether we like it or not, our actions will that one Juan Bono, master of a ship, came be judged of by posterity. Disregarding, one day to where Don Fernando was, having come from Castile, and said to Don Fer- then, all the objections which a lawyer could nando, Ah! captain, if you were not mar- bring against the Interrogatories as leading ried, you might marry the niece of the Bishop questions against the answers as hearsay, and of Burgos,'-and they say that he brought let- against the whole procedure as contrary to ters from the bishop; and that, owing to this all principles of fair play, let us address oursuspicion, this witness and Gallarda went to selves to it as it stands, and see what it is the house of Don Fernando at 8 o'clock, and found Doña Catalina Suarez, shrouded and worth. And, first, is the testimony of the placed on a bier in a room, and that this wit- witnesses true or false? To this, notwithness, with the said suspicion, went to her and standing the long delay in bringing the felt her feet, which were uncovered, the which charge-seven years, and notwithstanding were not yet cold; that she appeared to be the family party of which they seem to be recently dead; and this witness told Gallarda composed, two Rodriguezes and three Herto examine her well, for it appeared to hernandezes, who besides seem to have married that she was not yet dead; and that this witness, in presence of Gallarda and other interchangeably, we have no hesitation in women who were there, removed the shawl which Doña Catalina had over her face and saw that her eyes were open and stiff and

6

expressing our conviction that it is more true than false. Some portions are obviously either untrue or irrelevant; for instance, the

black marks upon the throat must be untrue | Even the black marks on the throat now beif they are to be attributed to Cortes' manip- come intelligible; they are the gorged veins ulation that night, because it is inconsist- of the throat standing out in relief; and ent with physiological experience that an these, as we have pointed out, as well as the ecchymosis, or black mark, would show it- flecks of foam, are inconsistent with stranself so rapidly as within an hour from such gling. If to this we add, that Ana Rodripressure as strangulation. A sharp blow on guez, her lady's-maid, says in connection a bony part, such as the cheekbone, will with her supposition that she had swooned, raise a black mark instantly, but the effects "for she was subject to fainting fits,” we of mere pressure on a soft surface like the have it all before us as clear as day. The neck ought not, in such a short period, fainting fits were epileptic fits, one of which, to have gone further than redness, or if at last, carried her off. The whole of Corthe squeeze had been excessive, redness tes' behavior is to us also symbolic of innotending to brownness with excoriation. If, cence; his lively badinage at supper, his attherefore, black marks on the neck were titude, supporting his wife on his arm, when present, they regarded not Cortes, who could the witnesses enter, his grief at her death, his not have made them at the time speci- haughty refusal (particularly when prompted fied. But, taken as a whole, the evidence and supported by the first Alcalde, obviously reads as truthful; the very futility of the a toady and flatterer) to pay heed to the evil grounds of suspicion, often going no further tongues of the city, knowing his innocence than, "they say," "it was everywhere said," etc., indicate a gossiping, credulous nature, but not a false or designing one. Taking, then, the details given as in the main truthful, what do they indicate? Is it strangulation? Were it not for two trifling and incidentally mentioned circumstances, we might have had to reply, the symptoms are all those of strangulation. Most fortunately, the last witness adds to her description of the gorged countenance, protruding eyes, and black lips of the deceased, "she had two flecks of foamen her mouth, one on each side." Here is the key to the whole case. This is no symptom of strangling, but it is the almost constant accompaniment of a disease which simulates most of the tokens of death" Archives" a most fortunate circumstance, by strangling; namely, epilepsy. There is not a symptom mentioned which does not accord better with epilepsy than strangling.

as he did, all bear to our minds the perfect stamp of naturalness and innocence. "Not guilty, upon our honor!"

Cortes was peculiarly lucky, or unlucky, in having his enemies die off at periods critically fortunate for him, but after so complete a disproval of the most circumstantial and by far the most heinous charge, for no one would think of comparing, in enormity, the "wiping out" of a rival or an enemy with the deep damnation of throttling his wife in his very bed, while sleeping in his arms, in all the confidence of love and affection, we are ready to accept Prescott's verdict with more confidence. In fact, we cannot help thinking the publication of these

were it for nothing but the clear, unwitting (and, therefore, more valuable) acquittal upon this the most serious charge.

WHILE the Emperor Louis Napoleon was at Vichy lately he was taking a walk on the banks of the Sichon and lost his way. A laborer chancing to pass at the time, his majesty made the necessary inquiry of him. "Second to the right and then first to the left, sire," said the man. "What, you know me?" "Yes, and have had the honor for years past." "Where?"

Your majesty of course does not remember me, but you were once the cause of my passing two days in the black hole; for when you was at Ham I was a soldier there, and was punished for passing you in a pound of tobacco." "Well," said the emperor, "it shall be my turn now," and in a few days afterwards the man was installed in a well-stocked tobacconist's shop.