Accordingly the party was made; and on the night appointed Giuseppe, after a private interview in the orchard with his mistress, started for Malfi's house, which was situated about three miles off, in the same direction as Gaspar's, which, indeed, he had to pass; on which account he deferred his departure to a later hour than he otherwise would have done, wishing not to come in contact with his rival till they met under Malfi's roof. Mendez had a servant called Antonio Guerra, who worked on his farm, and who appears to have been much in his confidence, and just as Ripa passed the Spaniard's door, he met Guerra coming in an opposite direction, and asked him if Mendez had gone to the supper yet; to which Guerra answered that he supposed he had, but he did not know. Guerra then took a key out of his pocket, and, unlocking the door, entered the house, whilst Ripa walked on.
In the meanwhile the little party had assembled in Malfi's parlour, all but the two principal personages, Gaspar and Giuseppe; and as time advanced without their appearing, some jests were passed amongst the men present, who wished they might not have fallen foul of each other on the way. At length, however, Ripa arrived, and the first question that was put to him was: 'What had he done with his rival?' which he answered by inquiring if the Spaniard was not come. But although he endeavoured to appear unconcerned, there was a tremor in his voice and a confusion of manner that excited general observation. He made violent efforts, however, to appear at his ease, but these efforts were too manifest to be successful; whilst the continued absence of Mendez became so unaccountable, that a cloud seems to have settled on the spirits of the company, which made the expected festivity pass very heavily off.
'Where could Mendez be? What could have detained him? It was to be hoped no harm had happened to him!' Such was the burden of the conversation till—when at about an hour before midnight the party broke up—Alessandro Malfi said, that to allay the anxiety of his wife, who was getting extremely alarmed about her brother, he would walk as far as Forni—which was the name of Gaspar's farm—to inquire what had become of him.
As Ripa's way lay in the same direction, they naturally started together; and after what appears to have been a very silent walk—for the spirits of Giuseppe were so depressed that the other found it impossible to draw him into conversation—they reached Forni, when, having rung the bell, they were presently answered by Antonio Guerra, who put his head out of an upper window to inquire who they were, and what they wanted.
'It is I, Alessandro Malfi. I want to know where your master is, and why he has not been to my house this evening as he promised?'
'I thought he was there,' said Antonio. 'He set off from here to go soon after seven o'clock.'
'That is most extraordinary!' returned Malfi. 'What in the world can have become of him?'
'It is very strange, certainly,' answered the servant. 'He has never come home; and when you rang I thought it was he returned from the party.'
As there was no more to be learned, the two friends now parted; Malfi expressing considerable surprise and some uneasiness at the non-appearance of his brother-in-law: whilst of Giuseppe we hear nothing more till the following afternoon, when, whilst at work in his vineyard, he was accosted by two officers of justice from Aquila, and he found himself arrested, under an accusation of having waylaid Mendez in a mountain-pass on the preceding evening, and wounded him with the design of taking his life.
The first words Ripa uttered on hearing this impeachment—words that, like all the rest of his behaviour, told dreadfully against him—were: 'Isn't he dead, then?'
'No thanks to you that he's not,' replied the officer; 'but he's alive, and likely to recover to give evidence against his assassin.'
'Dio!' cried Giuseppe, 'I wish I'd known he wasn't dead!'
'You confess, then, that you wounded him with the intent to kill?'
'No,' answered Ripa; 'I confess no such thing. As I was going through the pass last night I observed a man's hat lying a little off the road, and on lifting it, I saw it belonged to Señor Mendez. Whilst I was wondering how it came there without the owner, and was looking about for him, I spied him lying behind a boulder. At first I thought he was asleep, but on looking again, I saw he didn't lie like a sleeping man, and I concluded he was dead. Had it been any one but he, I should have lifted him up; but it being very well known that we were no friends, I own I was afraid to do so. I thought it better not to meddle with him at all. However, if he is alive, as you say, perhaps he can tell himself who wounded him.'
'To be sure he can,' returned the officer: 'he says it's you!'
'Perduto son' io!—Then I am lost!' exclaimed Ripa; who, on being brought before the authorities, persisted in the same story; adding, that so far from seeking Mendez, he had particularly wished to avoid him, and that that was the reason he had started so late; for he had been warned that the Spaniard was his enemy, and he apprehended that if they met alone some collision might ensue.
It appeared, however, that he had consumed much more time on the road than could be fairly accounted for; for two or three people had met him on the way before he reached Forni; and then Antonio Guerra could speak as to the exact hour of his passing. This discrepancy he attempted to explain by saying, that after seeing Mendez on the ground, dead—as he believed—he had been so agitated and alarmed that he did not like to present himself at Malfi's house, lest he should excite observation. He had also spent some time in deliberating whether or not he should mention what he had seen; and he had made up his mind to do so on his arrival, but was deterred by everybody's asking him, when he entered the room, what he had done with Mendez—a question that seemed to imply a suspicion against himself.
This tale, of course, was not believed: indeed his whole demeanour on the night in question tended strongly to his condemnation; added to which, Malfi, who had been his friend, testified that not only had Ripa betrayed all the confusion of guilt during the walk from his house to Forni, but that having hold of his arm, he had distinctly felt him tremble as they passed the spot where Mendez was subsequently discovered.
With regard to Mendez himself, it appeared that when found he was in a state of insensibility, and he was still too weak to give evidence or enter into any particulars; but when, under proper remedies, he had recovered his senses, Faustina Malfi, his sister—to whose house he had been carried—asked him if Giuseppe Ripa was not the assassin; and he answered in the affirmative.
Giuseppe was thrown into prison to await his trial; and having public opinion, as well as that of the authorities against him, he was universally considered a dead man. The only person that adhered to him was Bianca, who visited him in the jail, and refused to believe him guilty. But if he was innocent, who was the criminal? It appeared afterwards that Ripa himself had his own suspicions on that subject, but as they were founded only on two slight indications, he felt it was useless to advance them.
In the meantime Gaspar Mendez was slowly recovering the injuries he had received, and was of course expected to give a more explanatory account of what had happened to him after he left Forni on his way to Alessandro Malfi's. That he had been robbed as well as wounded was already known—his brother and sister having found his pockets empty and his watch gone. The explanation he could give, however, proved to be very scanty. Indeed, he seemed to know very little about the matter, but he still adhered to his first assertion, that Ripa was the assassin. With regard to the money he had lost, there was necessarily less mystery, since it consisted of a sum that he was carrying to his sister, and was indeed her property, being the half share of some rents which he had received on that morning, the produce of two houses in the town of Aquila which had been bequeathed to them conjointly by their mother. The money was in a canvas bag, and the other half which belonged to himself he had left locked in his strong box at home, where, on searching for it, it was found. As Ripa was known to be poor, and very much straitened by his endeavours to make good the sum he had lost, that he should add robbery to assassination was not to be wondered at. On the contrary, it strengthened the conviction of his guilt, by supplying an additional motive for the crime.
The injuries having been severe, it was some time before Mendez recovered sufficiently to return home; and when he was well enough to move, instead of going to Forni, he discharged his servant Antonio Guerra, and went himself to Florence, where he remained several months.
All this time Giuseppe Ripa was in prison, condemned to die, but not executed; because after his trial and sentence, a letter had been received by the chief person in authority, warning him against shedding the blood of the innocent. 'Señor Mendez is mistaken,' the letter said: 'he did not see the assassin, who attacked him from behind, and Giuseppe Ripa is not guilty.'
This judge, whose name was Marino, appears to have been a just man, and to have felt some dissatisfaction with the evidence against Ripa; inasmuch as Mendez, who, when first questioned, had spoken confidently as to his identity, had since faltered when he came to give his evidence in public, and seemed unable to afford any positive testimony on the subject. The presumption against the prisoner, without the evidence of the Spaniard, was considered by the other judges strong enough to convict him; but Marino had objected that since the attack was made by daylight—for it was in the summer, and the evenings were quite light—it seemed extraordinary that Mendez could give no more certain indications of his assailant. Added to this, although every means had been used to obtain a confession—such means as are permitted on the continent, but illegal in this country—Giuseppe persisted in his innocence. Moreover, as no money had been found about him, and Faustina Malfi was exceedingly desirous of recovering what had been lost, she exerted herself to obtain mercy to at least the extent that hopes of a commutation of his sentence should be held out to the prisoner, provided he would reveal where he had concealed the bagful of silver he had taken from her brother. But in vain. Ripa was either guiltless or obstinate, for nothing could be extracted from him but repeated declarations of his innocence.
In the meantime Bianca had been undergoing a terrible persecution from her father on the subject of Mendez, who had returned from Florence and taken up his abode, as formerly, at Forni. Her former lover was a condemned man, and altogether hors de combat: she might regret him as she would, and lament his fate to her heart's content, but he could never be her husband; and there was the Spaniard, rich and ready; whilst the increasing age and poverty of her parent rendered a good match of the greatest importance. In short, under the circumstances of the case, it was urged upon her on all hands, that she was bound both by her duty to her father and to evince her abhorrence of Ripa's crime—which otherwise it might be supposed she had instigated—to marry Mendez without delay.
Persuaded of Giuseppe's innocence, and half believing that the accusation was prompted by jealousy, it may be imagined how unwelcome these importunities were, and for a considerable time she resisted them; indeed she seems only to have been overcome at last by a ruse. A rumour being set afloat that the day was about to be appointed for Ripa's execution, a hint was thrown out that it lay in her power to save his life: she had only to become the wife of Mendez, and her lover's sentence should be commuted from death to banishment. This last argument prevailed, and poor Bianca, with a heavy heart, consented to become the mistress of Forni. The Malfis, however, do not seem to have been amongst those who desired the match; and it would appear that they even made some attempts to prevent its taking place, by circulating a report that she had been privy to the assault and robbery. Perhaps they hoped, if Gaspar remained unmarried, to inherit his property themselves; but however that may be, their opposition was of no avail, and an early period was fixed for the wedding.
The year had now come round to the summer season again, and it happened, by mere accident, that the day appointed for the marriage was the anniversary of that on which Mendez had been robbed and wounded. Nobody, however, appears to have thought of this coincidence, till Mendez himself, observing the day of the month, requested that the ceremony might be postponed till the day after: 'Because,' said he, 'I have business which will take me to Aquila on the 7th, so the marriage had better take place on the 8th.' And thus it was arranged.