Zorro Meets his Match

Chapter 52 – Guilty Until Proven Innocent

Bernardo knocked on the door of the room to Diego and Boudica.

It was still early morning and the pair had not risen yet, even for breakfast. Three days ago, after the Viceroy had seen to the arrest of Capitan Navarro after he failed to capture Zorro and made a mess of the pueblo, Diego had taken his wife home after the duel. They had been mostly silent, watching the prairie at night pass them.

It wasn't until they were home, in the courtyard, Diego smoking, that they finally spoke. Boudica had been shocked how far that had gone. She had hoped to bee able to ride in with Bernardo as Coyote to save Diego, but Navarro would not allow her to go. Neither would the viceroy.

The pair then walked to their bedroom and talked more, the words of husbands and wives. Diego naturally was not as concerned by it all as Boudica had been, but even he had to admit how close it had been.

The Viceroy left the next morning, prisoner in tow. Constancia promised to write her new friend. She liked Boudica and she was almost sure that the young woman would be able to send her notes about the pueblo and news that men would not wish to know. Also notes to Constancia were less likely to be broken into and spied on, but she could relay messages to her father as needed.

Los Angeles was again under the control of the magistrate, Don Carlos, and acting Commandant Demetrio Garcia, at least until De Vargas returned. Garcia had his hands full between sorting the cuartel and seeing to the final plans for the wedding that was coming up on this coming Saturday. That was only four days away.

Agnes was starting to panic and it had taken Alejandro, Diego, and Boudica to calm her. The hacienda would be used for the wedding reception. Part of the panic was the fact that Agnes had wanted something rather simple, but Alejandro had invited nearly the whole of the pueblo and more besides. Well within his rights since he was paying for it, it seemed more than Agnes wished, but she played along, hoping not to embarrass him or herself.

The small ranchero home that Alejandro was giving them as a wedding present was even now having the final touches done to it and the well dug. It would be another week at least before the pair could move into their new home. Alejandro would have them ride to the pueblo and stay in the inn for two nights and then have the new bride return to the hacienda until the home was finished. Naturally, with the de la Vegas living only a mile away, they would be able to help out often and check on Agnes's welfare as her new husband did his duties at the cuartel.

Boudica had pulled on her dressing gown and opened the door. She smiled at Bernardo who beamed at her and motioned for her to come with him.

"What? Why?" she asked the servant as he gestured and she watched him.

"Who is it?" Diego asked from the bed.

Boudica noted their daughter was still sleeping in her cradle. The little thing was coming up on her second month and was already growing into needing new clothing. Esperanza twitched a little in sleep, but settled back. Bo smiled a little and then looked back at Bernardo who was urgently gesturing to her.

"Bernardo. He wants to show me something." She said as Bernardo gave up trying to tell her with his hands and simply grabbed her hand and pulled her toward the secret entrance.

She allowed him to pull her along. She cast a look back at Diego who had been curious also. He rose from bed to follow, but by then the pair were already in the stairwell heading down to the cave. Boudica wondered why Bernardo was so excited. He was gesturing to her happily.

She smiled and cocked her head. Something about a baby.

They arrived in the cave and she looked about. Tornado was to the side, near the spring, watching. Nevada was to the other side eating some hay. She looked thinner.

Bernardo gestured as he walked forward a little.

Boudica followed him and gasped. In the hay, resting, were twin foals. One was a black like his sire and the other was black with a white mane and tail. She beamed at Bernardo and walked forward.

"Good girl, Nevada!" She said as she went to look at the tiny things. Both were fillies and they lifted their heads to look up at her. She squatted down and lifted her hand to the closest.

The little nose sniffed her.

Nevada came and nudged her mistress. Boudica smiled and turned running her nose. "They are beautiful!" She said.

"Si, they are!" Diego said nodding from where he stood. He walked to Tornado and patted his tall shoulder. "Well done my friend." He patted Tornado's hip as he walked by and moved to stand behind Boudica as he offered Nevada a little sugar cube.

"Three need names now, Bo. Your herd is growing." He said wrapping his arms about her.

She looked up at him and beamed. "I will rival you and Papa soon."

He chuckled. "Indeed. Come. You need to have breakfast."

She nodded and allowed him to take her back into the hacienda.

After a lovely breakfast, Boudica went and discussed names with her husband and Alejandro as she rocked her daughter who had just been fed. Rana's colt was to be named Abogado. Nevada's twin fillies were Luna and Tigre. The black beauty actually was a rare brindle they had discovered seeing her moving in the light. Diego said she looked like a tiger. Luna had the spotting of her mother on one of her back legs and her coat was more slate gray than black. Even still they were very pretty and Alejandro was excited to see them join the de la Vega herd when they were ready.

Boudica and Diego went into town riding their horses. Diego was on Phantom and Boudica was on a gelding named Domino. Domino was a stocky quarter horse who was very fast when he needed to sprint. He was bred in Texas and had come with part of a cattle deal that Alejandro had struck. A good horse he often was ridden by James, but today, since Rana had just had her foal and Agnes was riding another mare, the fearless Domino was to be Boudica's mount today.

They arrived in the pueblo for lunch and Diego took her to the tavern. It was unusual that Sargent Garcia was not there. They found Agnes there alone, looking puzzled.

"Agnes." Diego greeted pulling off his gloves. "What brings you here and all alone?"

"Demetrio was going to meet me for lunch, but he has not come. I have been here over an hour." She said.

"That is most unlike him." Boudica said taking her cousin's hand.

"Si." Agnes nodded.

Diego dropped into a seat. "I am sure he is just on a patrol and has not returned. The cuartel would be looking for their commandante if he was missing."

She nodded. "You are right, Don Diego."

He smiled at her as he lit a cigar. "My dear, we have discussed this. You do not need to use my title. You are my family." He said. He took her hand and kissed it lightly. "Now come, have lunch with us."

She nodded and allowed her guardian to take things in stride.

ZzZ

After lunch, Agnes went to go shopping.

Diego and Boudica were looking at fresh produce. Diego was looking at some lovely avocados and papaya as he sniffed them. Boudica moved to go look at something that caught her eye as she moved away from him.

She waited for a rider to pass her, but instead the man dropped off his horse at her feet. He had several wounds and his head was roughly bound with a dirty cloth. She gasped as he hit the earth.

"Diego!" She cried as she knelt at his side. "Senor!" She said gently shaking him lightly to wake him.

Diego turned and saw the scene before him and looked over. "Senor Magistrato!" He called seeing Don Carlos moving to get into his carriage.

Don Carlos turned and gasped. He looked at his driver. "Go fetch the doctor!" He ordered and moved to join the de la Vegas.

Diego lifted the man's head and offered him some water. "What happened Senor?"

"At the pass." The man said softly. "I was robbed and beaten." He said.

Boudica was looking him over gently. "Where are you hurt Senor?"

"My head is the worst, Senorita." He looked at her. "Left for dead." He panted. "Are you an angel?"

"Si, but she walks this earth." Diego said smiling fondly at his wife.

"It is Senora." Boudica corrected and she gently looked at his hurts and bruises.

"Senora. Forgive me." The rider said.

"Who are you, Senor?" Don Carlos asked.

There was a crowd about them. The lancers had come and pushed people back little. Reyes was there beside them, listening.

The rider tapped his pocket softly.

"He has something in his pocket." Diego said as he offered the poor man more water. Boudica moved as her husband eased the man's head to his wife's thigh as she sat on her knees allowing the man to relax a moment.

Don Carlos opened the man's jacket and removed the paper. He read it quickly and looked quite startled. "This man is the King's messenger for Monterey. He was bringing the payroll of the garrison." He said.

Diego looked up startled.

The messenger coughed a little and Boudica gently calmed him. "Be easy Senor." She said gently.

"Our payroll? Well who took it from him?" One of the lancers asked. "Find out who robbed him!"

"Quiet!" Reyes admonished.

"Why should I be quiet. We have not been paid in four months." The lancer took a breath. "Tell us. Was it Zorro. Or his little tag-a-long, Coyote?"

Boudica looked up at him startled. Diego laid a hand on her hand on the earth. He looked up also, listening.

"Zorro. No soldier." The rider said. "I was robbed and beaten by one of you." He tried to sit up a little. "The man who stole your pay was one of you soldiers."

"Could you recognize him if you saw him again?" Diego asked. "Even from the dark?"

"Si." The man said softly.

Everyone looked at each other as the man laid back and closed his eyes. Boudica gently held him as she looked at her husband.

"Rest amigo." She said gently.

"Gracias, Senora." The man murmured.

Dr. Avila arrived and the messenger was lifted onto a stretched and taken into the cuartel. Agnes stood curious as the man was laid in the shade on a table as the Doctor, with Boudica's help, saw to his hurts. Diego and the other men stood nearby.

Don Carlos walked to Agnes and smiled. "Senorita. What brings you here?"

"Looking for Sargent Garcia." She said honestly. "What happened?"

"We are trying to determine that as soon as he is able to speak again."

She nodded.

The king's messenger was revived enough with a drink of brandy and cool water to sit in a chair. Diego, Agnes, Boudica, and Don Carlos looked on as the men of the cuartel were walked before him.

The messenger, whose name was Ariel Bolívar, was resting comfortably was he looked at each man carefully. None of them seemed to be whom he recognized.

"Not him. Not him. Much too small. No…" He said as Don Carlos sat beside him, watching.

"Are you sure you could remember?" Don Carlos pressed him.

"If you are beaten and left for dead, you remember well the man who did it to you." The messenger said.

Boudica gently offered him more water. He smiled at her. Behind her, Diego stood, arms folded, with Agnes beside him, watching.

"Is this really necessary?" She asked. "Surely none of them would steal from each other. Demetrio would protest this."

"Where is he?" Diego asked laying a hand on her arm.

"I do not know. He is not here still. I am starting to worry. Being absent, especially as acting commendante, he is never far from the cuartel."

He nodded. He stepped forward and leaned down to the man seated watching. "My friend. I know we do not have the cream of the Spanish army here, but I did think they were above stealing one another's pay."

"I told you what happened. That is all I know."

"But were you sure it was a soldier?" Diego pressed. "Could you not have been mistaken about the uniform in the darkness?"

"If that is what you think, look in my saddle bag."

Diego nodded and walked to the horse that belonged to the man. He lifted a broken saber. A broken, army issued saber. Boudica stayed behind the man, watching as Agnes walked to Diego looking at the saber.

"He broke it over my body. I brought it back. I thought it might help identify the man."

Boudica took a breath. "How painful to have such steel hitting you so. You must be a mess of bruises on your back, Senor Bolívar." She said.

He nodded. "It is quite painful."

Don Carlos lifted a cigar from his jacket pocket. He looked for a light, but suddenly found one as Boudica leaned between him and the king's messenger as she gently cupped her hands, used to helping Diego. Don Carlos looked up at her and smiled a little at her thoughtfulness. He leaned forward and let his cigar ignite as he sucked in. Once lit, he sat back, and she waved the matches to put them out.

"Always so thoughtful, Senora. Gracias." He said after letting the smoke come from his lips in a cloud.

She smiled and dipped her head as she stepped back.

There was a knock at the main gate. "Open the gate! Who ordered them closed?" Came Garcia's voice.

A lancer opened the gate and looked at him. He had his boots tied and hanging from his shoulders and was walking barefoot into the cuartel.

"What happens here when I am not here to take care of things." Garcia asked half to himself. "Sometimes I think that…" He paused. "Buenas Dias your Excellency." He said seeing Don Carlos.

Agnes moved to walk to him, but Diego laid a hand on her arm. She looked back and he shook his head a little.

Don Carlos leaned back with a cigar in his hand watching. "Sargent, where is your sword?" He asked.

"Well, I…" Garcia reached for the sheath and found it not there. He blinked. "I…"

"Is that it?" Don Carlos asked pointing with the cigar he held toward Diego and Agnes. Diego was holding the sword in his hands.

Garcia nodded and walked to Diego. "Si. Gracias." He said taking it from Diego. "But it is broken. How did it become broken?" He asked.

Don Carlos sat forward. "Perhaps when you robbed the King's messenger last night in Cahuenga Pass."

"Such a good sword too…" Garcia said looking at his broken sword. "It's too bad that it got…" He looked up. "Robbed the king's messenger? Me?"

"What? No!" Agnes gasped.

A lancer stepped forward. "Is that the man?" He asked the messenger nodding to Garcia.

"That is the man." The messenger said coldly.

Agnes cried out and then fainted dead away, dropping like a stone. Diego caught her against him and looked at those about them. "Oh now really excellency."

Sargent's Garcia's mouth was open in shock. He looked at his fiancée as Diego held her to him. Diego met his gaze and then looked down at Agnes as he tried to revive her.

Don Carlos rose to his feet. "Arrest him." He ordered and walked toward the cuartel gate.

"But I did not rob anyone…" Garcia protested stepping to him.

"I said arrest him!" Don Carlos growled. "Who is in charge here?"

"I am." Garcia said simply.

"But you are the accused." Don Carlos said not looking at him.

"But I am the acting commandante." Garcia turned and looked at Agnes. He gently touched her arm and then kissed her brow softly before walking to Reyes. He handed him his broken sword. "Put me in cell number one and post a double guard. I sound like a very dangerous man."

Reyes shook his head and walked with him to the cell.

A lancer walked over as Reyes locked the cell door. "I saw you sneaking out of cuartel. I wish I'd known then what you were up to."

Garcia nodded. "Si. I wish I had known too."

Agnes was starting to come around as Boudica went to Diego. His ward looked up at him. "Oh, Diego."

e sighed and held her, bending to lift her in his arms. "It was not a nightmare, Agnes." He said nodding to Sargent Garcia behind the bars.

Agnes gasped and then began to sob as Diego held her gently, but there was little he could do to comfort her.

Don Carlos stepped to Diego and Agnes. "I would make your peace with him girl." He said. "There is much evidence in this case."

Agnes looked at him. "But…He is a good man. Please, Senor…we are to be married." She protested.

"Perhaps it was because of you that he robbed the man, give you the life of privilege you are used to…"

She gasped. "You mean this could be my fault?" She looked up at Diego in horror.

He shook his head. "She had nothing to do with this, excellency." Diego said. He gently set her on her feet and nodded as Boudica wrapped her arms about her cousin and Diego stepped before them.

Don Carlos wisely took the hint and shook his head walking out of the gate.

The only sound in the courtyard was Agnes sobbing against her cousin's shoulder as Boudica looked at Diego.

Diego stepped to them and gently caressed his ward's back as Boudica tried to hush her gently. The three of them walked out of the cuartel together, the women leading and Diego behind watching them as Agnes leaned heavily on her cousin for support.

Such a thing to learn only a few days before a marriage.

ZzZ

That afternoon the trial was being held in the inn. The accused was seated, in chains, with lancers about him. Diego sat behind him with Boudica. Agnes was behind him as was Maria the barmaid. Many members of the town had come to listen to the charges and hear the verdict.

Sargent Garcia stood before Don Carlos who was seated with a Spanish flag behind him, wearing a black judicial robe and holding a gavel. At a smaller table was a lancer acting as a scribe for the proceedings.

Garcia offered his testimony that sounded very outlandish to anyone who heard it, including himself. That made everyone in the room laugh except for Agnes and Don Carlos.

Don Carlos hit his gavel against his table. "Order!" He barked.

"You claim you did not know the messenger was arriving with the money." Don Carlos said.

"Si. I did not know. So how could I go out and rob him?" Garcia asked.

Don Carlos then looked to the crowd. "Maria Crespo would you come forward?" He called.

The young barmaid rose to her feet and walked forward.

"The night before last. Did you serve the prisoner here at the tavern?"

"Si."

"And did he tell you he expected the king's messenger and wanting his pay. And did he say that he expected the messenger that very night?"

Maria took a breath. "Si, he said that."

Garcia swallowed.

"Your Excellency." Diego said rising. "As a friend of the prisoner, I would like to ask Maria a question."

"With respect to the de la Vega name, I will permit it." Don Carlos said.

"Maria," Diego said turning to her. "Was that the first time the Sargent said he expected a messenger with the payroll?"

"Oh no, Don Diego." Maria said brightly. "Every time I ask him about his bill, that is what he says."

There was a ripple of laughter.

"How many times has he said this in the past year?" Diego asked looking at Don Carlos.

"Maybe 100, 200 times." Maria said shrugging.

"Oh no, Maria. A few times maybe, but not that many." Garcia said.

Again, there was laughter as Don Carlos gaveled his table. "Don Diego, this line of question is trivial, and it serves no useful purpose. The charge is one of the most serious known in this land according to our laws. Assault upon a King's messenger upon a King's highway." He took a breath. "There is one whom I will entertain hearing her speak a moment as to Sargent Garcia's character." He looked back. "Senorita Agnes. Come forward, my dear."

Agnes rose shakily to her feet and walked to Don Diego's side as Maria returned to her seat. "Si, Excellency." She said softly.

"You are to be married to this man. Can you account for his whereabouts last night?" Don Carlos asked.

Don Diego took a breath as she looked down. "Excellency, they are not yet wed and not lovers. With his curfew and her safely at the de la Vega hacienda, how can you ask that of a virtuous woman?"

"Perhaps they yielded to temptation. It has been known to happen. A romantic rendezvous in the moonlight?" Don Carlos said looking at the woman there who was very interested in her kerchief she held. "Is it true then that you were in your bed and alone at the de la Vega hacienda?"

She muttered something.

"Your pardon, my dear, but you will have to speak louder for the court."

"Si, Excellency." She said looking up at him then, eyes bloodshot and tear tracks on her cheeks. "But I would to God now I had yielded to temptation and had him safe with me for a rendezvous." She said boldly, practically shouting.

Diego gently took hold of her upper arms. "Hush now, Agnes." He murmured.

Don Carlos nodded. "Very well. This charge is a heavy one and yet, now, I find that charge conclusively proved."

Diego took a breath. Agnes looked upwards and whimpered. Boudica looked at her husband. Garcia looked shocked.

"Prisoner," Don Carlos continued. "It is now my duty to pass upon you the sentence which the law prescribes. And that sentence is…death!"

Agnes cried out as Boudica looked heavenward. Diego pulled Agnes to him as she started to wail in agony and nearly collapse.

Don Carlos then had the prisoner removed back to the cuartel. Diego held his ward as his wife came to him. Don Carlos came to Agnes and gently patted her shoulder.

"I am sorry, my dear, but perhaps, we have uncovered what kind of man he really is and saved you from a bad marriage." He said gently.

Diego looked on, but said nothing.

Don Carlos nodded to them and then left them to go check on the messenger who was at his house and have his own meal.

Boudica stood waiting as the others of the pueblo filed out. Diego managed to have Agnes sit down in a chair and called for brandy and some supper for them all. Maria moved to comply.

Diego stepped to the innkeeper and took a breath. "Agnes will need a room to stay here tonight. She will need to be here very early to say her goodbyes."

The innkeeper nodded and moved to see to her room.

Diego sat down and looked at Agnes. "I am so sorry, Agnes." He whispered. "So very sorry."