Washington Irving: The Complete Travel Sketches and Memoirs Collection. Washington Irving

of his wrath, he dispatched a message demanding the surrender of the corporal, as to him alone belonged the right of sitting in judgment on the offences of those under his command. The captain-general, aided by the pen of the delighted escribano, replied at great length, arguing that as the offence had been committed within the walls of his city, and against one of his civil officers, it was clearly within his proper jurisdiction. The governor rejoined by a repetition of his demand; the captain-general gave a sur-rejoinder of still greater length and legal acumen; the governor became hotter and more peremptory in his demands, and the captain-general cooler and more copious in his replies; until the old lion-hearted soldier absolutely roared with fury at being thus entangled in the meshes of legal controversy.

      While the subtle escribano was thus amusing himself at the expense of the governor, he was conducting the trial of the corporal, who, mewed up in a narrow dungeon of the prison, had merely a small grated window at which to show his iron-bound visage and receive the consolations of his friends.

      A mountain of written testimony was diligently heaped up, according to Spanish form, by the indefatigable escribano; the corporal was completely overwhelmed by it. He was convicted of murder, and sentenced to be hanged.

      It was in vain the governor sent down remonstrance and menace from the Alhambra. The fatal day was at hand, and the corporal was put in capilla, that is to say, in the chapel of the prison, as is always done with culprits the day before execution, that they may meditate on their approaching end and repent them of their sins.

      Seeing things drawing to extremity, the old governor determined to attend to the affair in person. For this purpose he ordered out his carriage of state, and, surrounded by his guards, rumbled down the avenue of the Alhambra into the city. Driving to the house of the escribano, he summoned him to the portal.

      The eye of the old governor gleamed like a coal at beholding the smirking man of the law advancing with an air of exultation.

      “What is this I hear,” cried he, “that you are about to put to death one of my soldiers?”

      “All according to law — all in strict form of justice,” said the self-sufficient escribano, chuckling and rubbing his hands. “I can show your excellency the written testimony in the case.”

      “Fetch it hither,” said the governor. The escribano bustled into his office, delighted with having another opportunity of displaying his ingenuity at the expense of the hard-headed veteran.

      He returned with a satchel full of papers, and began to read a long deposition with professional volubility. By this time a crowd had collected, listening with outstretched necks and gaping mouths.

      “Prithee, man, get into the carriage, out of this pestilent throng, that I may the better hear thee,” said the governor.

      The escribano entered the carriage, when, in a twinkling, the door was closed, the coachman smacked his whip — mules, carriage, guards and all dashed off at a thundering rate, leaving the crowd in gaping wonderment; nor did the governor pause until he had lodged his prey in one of the strongest dungeons of the Alhambra.

      He then sent down a flag of truce in military style, proposing a cartel or exchange of prisoners — the corporal for the notary. The pride of the captain-general was piqued; he returned a contemptuous refusal, and forthwith caused a gallows, tall and strong, to be erected in the centre of the Plaza Nueva for the execution of the corporal.

      “Oho! is that the game?” said Governor Manco. He gave orders, and immediately a gibbet was reared on the verge of the great beetling bastion that overlooked the Plaza. “Now,” said he in a message to the captain-general, “hang my soldier when you please; but at the same time that he is swung off in the square, look up to see your escribano dangling against the sky.”

      The captain-general was inflexible; troops were paraded in the square; the drums beat, the bell tolled. An immense multitude of amateurs gathered together to behold the execution. On the other hand, the governor paraded his garrison on the bastion, and tolled the funeral dirge of the notary from the Torre de la Campana, or Tower of the Bell.

      The notary’s wife pressed through the crowd with a whole progeny of little embryo escribanos at her heels, and throwing herself at the feet of the captain-general, implored him not to sacrifice the life of her husband, and the welfare of herself and her numerous little ones, to a point of pride; “for you know the old governor too well,” said she, “to doubt that he will put his threat in execution, if you hang the soldier.”

      The captain-general was overpowered by her tears and lamentations, and the clamors of her callow brood. The corporal was sent up to the Alhambra, under a guard, in his gallows garb, like a hooded friar, but with head erect and a face of iron. The escribano was demanded in exchange, according to the cartel. The once bustling and self-sufficient man of the law was drawn forth from his dungeon more dead than alive. All his flippancy and conceit had evaporated; his hair, it is said, had nearly turned gray with affright, and he had a downcast, dogged look, as if he still felt the halter round his neck.

      The old governor stuck his one arm akimbo, and for a moment surveyed him with an iron smile. “Henceforth, my friend,” said he, “moderate your zeal in hurrying others to the gallows; be not too certain of your safety, even though you should have the law on your side; and above all take care how you play off your schoolcraft another time upon an old soldier.”