CHAPTER XXXIX.
The case of Hualcoyotl against Cacami was one of the first, of aspecial character, which came up for trial under the new organizationof the courts.
The sessions of the court which was to try the case were held in a hallset apart for court purposes, called the hall of justice.
The day set for the hearing was at hand, and the court had convened.The judges, dressed in their court costumes, which gave them a solemnand dignified appearance, were in their seats. The chief officer inattendance had commanded silence, and a hush of expectancy had fallenupon those present. The case was an interesting one in its character,and prominent from the fact that the king was a party to it, and hadattracted quite a large audience to witness the proceedings, which wereopened by the presiding justice saying, very impressively:
"The keeper of records will read the order of the court for thedelivery of one Cacami into its presence."
The official indicated rose up and read, in a manner peculiarly hisown, yet native in the nasalized expression with which his delivery waseffected:
"It is ordered," he began, scrutinizing with care the hieroglyphicalpainting, which he held up before him, "that Cacami, a warrior, bebrought into the presence of this, the king's highest tribunal ofjustice, that he may have opportunity to show why he should not sufferthe penalty of death for the violation of a sacred and duly establishedlaw of the realm."
The keeper of prisoners retired, and, after a few minutes' absence,returned, accompanied by Cacami. The young warrior was looking pale,but resolute. He walked with a firm step to his place in the court; andbeing a man of superb physique, admirably proportioned, with a brighteye and handsome face, his appearance elicited a murmur of voices,which was evidently an expression of admiration. Directly followedItlza, in company with Euetzin. She was beautifully but plainlydressed, and never looked more attractive. The audience was perfectlyquiet for a moment, while she was being seated, when its tongue againbecame active and a subdued buzz arose from it.
Itlza was given a seat near her husband, while the tzin occupied oneonly a short distance off. When she sat down, her hand quickly foundits way into Cacami's, the clasp of which seemed to give her courage.
The officer, whose duty it was to observe order, commanded silence, andthe chief justice proceeded to say:
"The keeper of records will read the charge under which the prisoner atthe bar is held accused."
Again the nasalated twang of the recorder's voice was heard to wringout quite distinctly, as he read:
"It is charged that Cacami, a warrior and subject of the realm,contrary to, and in defiance of, a most sacred law of the same, didhurt and injure the feelings, and spoil the affections of Hualcoyotl,the king, by engaging and marrying with Itlza, a daughter ofEuzelmozin, who was the chosen of Hualcoyotl to be his queen; to whichcharge Cacami shall give satisfactory answer, or stand convicted, andshall, if it be so decided, suffer the penalty therefor, which isdeath."
"What has the prisoner, Cacami, to say in answer to the charge underwhich he stands committed?" asked the judge of the accused.
Cacami rose in his place, and calmly replied:
"I will abide the decision of the court. Let the trial proceed."
* * * * *
We are informed by traditional history that the profession and practiceof law was not extant among the Anahuacans. No counsel was, therefore,at hand to be employed in the defense of a prisoner or litigant. Theparties involved in the trial stated their own case, and won or lost,according to the weight of the evidence furnished through theirwitnesses. In criminal cases the procedure was necessarily different,charges being preferred and published in open court, which the accusedwas compelled to refute or stand convicted.
The laws regulating testimony were most liberal. The accused wasentitled to give evidence, and, if he so desired, address the court inhis own behalf, and the force of what he said was not impaired by thefact that he was on trial.
* * * * *
After a few preliminary matters were attended to, the judge againaddressed the accused:
"Cacami, the prisoner, will rise and answer."
Cacami stood up, and the judge continued:
"How long have you been acquainted with Itlza, the daughter ofEuzelmozin?"
"I met her first, and made her acquaintance, about the time ofHualcoyotl's escape to the mountains."
"When did the desire to possess the maiden first enter your heart?"continued the judge.
"My heart went out to Itlza the first time I saw her, and I resolved towin her if I could."
"Did Itlza encourage you in this?"
"She certainly did."
"In what manner?"
"By teaching me to love her."
"When did Itlza become your affianced?"
"Only a few days before we were married."
"And when were you married?"
"Just before our army moved against Azcapozalco."
"Was there no understanding between you previous to the time of yourbetrothal that you were to wed?"
"There was not, except in the fact that we were acknowledged lovers,intending, in due time, to become affianced."
"About what time did you become acknowledged lovers?"
"A short time previous to the tourney at Tlacopan."
"The love was mutual?"
"I believe it was."
"And you said nothing about it to anyone?"
"I did not, and do not think she did."
"You should have informed the mother and brother of your attachment, ifonly in justice to them. Just here was your first mistake." Continuing,the judge inquired:
"Did you know at the time of your marriage that Itlza had been chosenby Hualcoyotl to be his queen?"
"I did."
"Were you aware of the consequences of such a step, under thecircumstances?"
"I was."
"And took the step in the face of such knowledge?" questioned the judgein a severe stress of voice.
"Even so," answered Cacami, undaunted by the sternness of the judge;"rather than see her whom I love the wife of another, though that otherwas the king."
This answer produced such a commotion and hum of voices that theofficer in attendance had to command order.
"Thus did you err a second time, and grievously," said the judge, andthe court looked grave and foreboding.
Cacami was now told to be seated.
"Itlza will rise and answer," said the judge, addressing hercourteously. When she had risen he continued:
"You are the wife of Cacami, the prisoner at the bar?"
"I am proud to acknowledge myself the wife of Cacami," was her earnestreply, accompanied by an affectionate glance at the object of heradoration.
"Did Cacami persuade you to do so unwise an act as to wed with himunder the grave circumstances which existed at the time of yourmarriage?"
"Cacami did not persuade me. My love was pledged to him, and I was thefirst to say, let us wed, though it be unto death."
This declaration from Itlza was received by the spectators with evidentadmiration for her courage and fidelity; and, had it not been for thegreat respect in which the court was held, would have been followed bya demonstration of approval. The gravity of the judges, on the otherhand, deepened, for in her answer, so earnestly and honestly given, shehad convicted herself of voluntary complicity with Cacami in theoffense against the king. It was not necessary to question her further,and she was told to be seated.
The tzin looked perplexed and troubled, on account of the gravity ofthe position in which his beloved sister's ingenuous reply had placedher.
"Euetzin will rise and answer," said the judge, at which the witnesswas not a little surprised, as he was not expecting a call at themoment.
"When did you learn of the marriage of your sister with the prisoner?"
"At the time of Cacami's arrest," he replied.
"Had you no pre
vious knowledge or intimation of the sentimentsentertained by the young people for each other?"
"None whatever. I did not even suspect it, though, since the facts havebecome known, I can see that I might have done so with reason."
"You have been a close and intimate friend of Cacami's, tzin Euet. Willyou state to the court what you know of him personally?"
The court, like the audience, had been favorably impressed with thebearing and perfect candor of the young people, who were being triedfor their lives, and was evidently seeking palliating conditionsrelevant to their case. The last quest of the judge could have beenmade with no other intent. It was just the position in which the tzindesired to be placed; for it gave him the ear of the court, and theliberty to address it in behalf of his friend, without the fear ofinterruption so long as he observed a due regard for its dignity. Hebegan by saying:
"The court is very kind in conferring upon me the liberty to addressit--a privilege I very much desired, for which I am profoundlythankful." Here the tzin made his obeisance to the court, andcontinued:
"I have known Cacami long enough, and well enough, to be able to speakof him in no doubtful language. Cacami and myself labored side by sidefor the freedom of Tezcuco, in times that tried the patriotism of hersons. I know him to be a patriot and true friend, which I have proven,not only once, but many times. He is a brave and valiant warrior, towhich our noble Hualcoyotl can bear abundant testimony. He is a trueman, in that he has staked his life in an issue which involves thoseemotions and sentiments of the heart which honor a man above allothers--a pure, unsullied love for the woman of his choice. He standsto-day, though a prisoner at the bar of justice, a man to whom Tezcucoowes as much as to any one person within or without her borders. Had itnot been for the strong right arm of this valiant man, both as citizenand warrior, Hualcoyotl would not be king to-day. You look at me inamazement, and well you may, for the words I speak are the words oftruth and soberness; and when this court condemns to die the warriorCacami, for following the dictates of an attachment stronger than thefear of death, it robs Tezcuco of one of her bravest and best; a man towhom every Tezcucan should give honor and respect, which is his due;for out of his hand came the life of Hualcoyotl, the king, whom alldelight to honor." The audience, at this point in the tzin's speech,was like a mine prepared, ready to break out in a storm of approval,from the effect of his impressive eloquence. His heart was in thesubject, and his face illumined by the earnestness of his effort toplace the character of his friend in the best possible light before thejudges. He continued:
"The words of commendation which I am compelled to speak in behalf ofthe warrior Cacami are not spoken out of sympathy for a friend who ispassing through an ordeal, but from a feeling of regard for hispersonal worth. I admire a man who is brave and fearless in thedischarge of his duty, be that duty what it may. Such a man is found inthe prisoner at the bar--the man whom you are to liberate or condemn todeath. I do not negative the possibility that a feeling of friendshipfor the accused may influence me to some extent in what I say; it couldhardly be otherwise; but, while this may be admitted, there underliesit all an esteem and admiration for the man--as a man--which havedeveloped through daily intercourse and observation, and which wouldobtain were we less friendly. My language has not been too strong, Iwould impress upon you, but rather lacking in strength; for the wordshave not yet been coined that will do justice to the worth of him whomthe law would condemn. Were the king to stand in my place at thismoment, I believe that he would, in the magnanimity of his noblenature, be compelled to reecho the words I have spoken. If worth, inthose attributes which are esteemed above all others in a man'scharacter: honesty, fidelity, courage, and patriotism, may be countedin the prisoner's favor, then I pray the court to give him the benefitof its weight; for, if any man is entitled to it, that man is Cacami,the defendant at the bar."
It will be in order here to enlighten the reader relative to thedemeanor of the king during the time which elapsed after he entered thecharge against Cacami up to the day of his trial.
When too late to recall his action, the sting of mortification andchagrin having subsided sufficiently to permit him to reason,Hualcoyotl became conscious of the fact that he had acted rashly andunwisely. When he recalled the many instances wherein Cacami had stoodbetween him and death, especially when, a stranger to him, he hadundoubtedly saved him from the fate which finally overtook his enemy,the Tepanec king, he was filled with remorse for the ungenerous coursehe had taken. He had promised to remember his deliverer in the future,and how had he done it? By committing him to the mercy of an exactingtribunal of justice, from the decision of which there was no appeal.
The day of trial found the repentant king wrought up to a degree ofmental excitement so great that he could not be composed for a minute.He walked the floor of his apartments almost incessantly, and would seeno one. He was waiting impatiently for a summons to appear before thecourt, but no summons came. It came to that point when he could endurethe suspense no longer, and he resolved to go to the hall uncalled,where he would listen to the proceedings unobserved. He came to thedoor of the court-room and paused, just in time to hear Itlza's lastanswer, which condemned her, in the minds of the judges. When the tzinrose to give in his testimony--which proved to be more in the nature ofa speech--he was all attention, and heard every word the speaker said,apparently forgetting his distress of mind in the absorption of themoment, while listening to his friend's eloquent plea.
When Euetzin concluded his address to the court, and was seated,Hualcoyotl entered the hall and walked straight to the spot on whichthe former had stood, and paused. The court and spectators wereastonished alike at the singular conduct of the king. His majesty waslaboring under suppressed excitement and, for a moment, after facingthe court, appeared unable to speak. He, however, quickly recovered hisequanimity, and spoke as follows:
"Well, and true, did my friend, the tzin, speak, when he said the kingwould be compelled to reecho his words were he standing in his place. Iam here to confirm, in the presence of this great tribunal, the wordsEuetzin has spoken. And, further, to admit that, while overwhelmed withhumiliation and chagrin at my defeat, I did err in causing the arrestand committal of the warrior Cacami. Hualcoyotl would better kiss thansmite the hand that delivered him from his enemy. The defendant at thebar once saved your king from a terrible death at the hands of Maxtla;and, now, instead of remembering the brave act of his deliverer, as heshould, your king so far forgot his obligation as to consign him to afate hardly less severe than that from which he rescued him. Thedisposition of the case is in the hands of this tribunal, from thedecision of which there is no appeal. If, in the end, Cacami is foundguilty, he must die, and with him Itlza, his wife, who is equallyliable. Since it was my hand that brought the accused to his presentposition of a threatened destruction, most willingly would I step intohis place, if I might, and bear the penalty of his offense, but thatcan not be; our laws recognize no substitutions, and the defendant mustsuffer if found guilty of the charge. If there be extenuatingcircumstances favorable to the warrior Cacami, your king prays thecourt to employ them to his advantage. If, by any honorable means, asuspension of action, or mitigation of sentence might be effected,great will be the relief and satisfaction of your sovereign."
The king took a seat near the accused, and at once assumed the relationof an interested friend. Itlza saw him now as the noble and magnanimousprince he had always seemed to her; Cacami felt the weight of hisimpending doom grow lighter in the friendly attitude of the king, whileEuetzin only recognized in the action the generous, forgiving man heknew his royal friend to be.
The judges consulted together for a few minutes, when an adjournment ofthe court followed.
The court retired to another room for the purpose of holding a privateconsultation, at which the king was invited to be present. After anabsence of quite a half hour it returned and the session was resumed.
Cacami was in his place, with the faithful Itlza beside him.
"The case we have been called to consider is an extraordinary one. Theaccused is represented to be a man of sterling qualities, and worthy ofour highest regard. He is charged, however, with a grave offenseagainst his king. The evidence is not wanting to make a case againsthim, but there have come to our notice, during the trial, conditionswhich place the court in doubt as to the wisdom of a furtherprosecution of the defendant. Since this is true, the court hasdecided, at the instance of the king, who is the injured party, todismiss the case. The accused is, therefore, honorably discharged fromthe custody of the court."
Itlza, forgetting all save her great joy, in knowing that Cacami wasfree, threw herself upon his breast and wept.
Cacami was deeply affected, but he belonged to a race of men whoscorned to exhibit a weakness, under any circumstances, and was calmwhile he held in his strong embrace the weeping Itlza.
Hualcoyotl was the first to speak to them, and, in doing so, assuredhis now successful rival that he experienced great pleasure in knowingthat he was free.
Euetzin was quite rejoiced, and, with a happy smile upon his face, solately covered by a cloud of anxiety, conducted his now joyful sisterand her forever-famous young husband from the court-room, and into thepresence of Teochma, the mother, who received them with demonstrationsof joy and gladness, forgetting, in the happiness of the moment, herdisappointment at not becoming the mother of a queen.
A Prince of Anahuac: A Histori-traditional Story Antedating the Aztec Empire Page 41
