Author's Notes: And here's the conclusion of "Death and Taxes." We're halfway through now.

The Fox and the Snake

(Death and Taxes)

Part 2

Gilberto Risendo's Journal

I'm here in the home that is mine by right. I have written mother of this, and it should not be long before she joins us here. Though I have not yet finished with the de la Vegas yet. Hidalgo believes that Don Alejandro is the one to watch, but I am not so sure. There is something about Diego de la Vega that I do not understand. I am beginning to believe that he may be the one to watch, as he seems to do me. Don Alejandro is louder, but I have learned that it is often the ones who stay quiet who are the ones to watch as they are often the ones looking for weaknesses to exploit.

I do wonder if it was wise to not claim the tavern regardless of Don Alejandro's assertions. Is it better to reduce them to the humiliation of being barkeepers or take everything now? No, it is best to wait. The tavern can be the next step if necessary. For now I will take the moment to enjoy what I have attained, and what they have been reduced to.

~Z~Z~Z~

"At least you still have the tavern, Señora," Señor Calvillo said as he poured out some juice for her and Diego.

"Sí but for how much longer?" Victoria asked. "That man is grasping at everything."

As if on cue, Don Alejandro came bursting through the door. "Diego! Victoria! I don't believe it."

"What's wrong?" Diego asked, crossing to where his father was.

"Emissary Risendo," Don Alejandro growled out. "He's impounded our bank accounts."

"He can't do that!" Victoria exclaimed.

The anger that he'd been trying to repress bubbled out as Diego said, "As the emissary is so fond of telling us, he can do anything he pleases."

"How do we get our hacienda back?" Don Alejandro asked.

This was not a conversation that needed to take place in the middle of the tavern, and as if to prove it, Señor Peralta turned around and said, "You should have paid your taxes. Then you wouldn't be in so much trouble."

"Señor Peralta..." Don Alejandro began, obviously happy for someone else to lash out at, but Diego couldn't let that get started.

"Father, please," he said, putting a hand on his father's arm.

Anger still showing in every gesture, his father said, "The man is living in our hacienda."

"I know," Diego said, leading his father back to the bar, where at most only Señor Calvillo would hear, and he at least was a friend. In a softer voice, he continued, "Consider this, it if was simply a matter of collecting the ten thousand peso war tax, he'd quickly sell our hacienda to the first bidder and be on his way back to Madrid. Instead, he chooses to protract this entire affair by taking our hacienda as his own home. And why impound our bank accounts so we have no way of regaining the hacienda? He's after more than money."

Señor Calvillo piped up. "Why doesn't Zorro do something about this man?"

"He can't do everything," Victoria said. "Not and guarantee everyone's safety. Look at what happened when he stopped the alcalde's execution."

"Yes," Diego said, "we can't expect Zorro to fight all our battles." He straightened his jacket. "I'm going to Santa Barbara to consult with Don Luis Cristobal."

"Oh, my friend the lawyer," Don Alejandro said.

"Yes," Diego said. "If we are to rid ourselves of Risendo, this battle must be fought in a court of law. I'll return as soon as possible." He looked at Victoria. "A moment before I go..."

Nodding, she led him back into the kitchen which Pilar left as soon as they entered.

"Take care," she said. "The emissary is ruthless and clever."

"With words perhaps but not quite as immune to trouble as he believes," Diego said. "Even the most cunning serpent can be felled by a properly applied boot."

"Or blade," Victoria said. "Let's just hope that the fox is more cunning than the snake."

"I'm sure he will be," Diego said. "Now the sooner I leave, the sooner I will be back. Though I do have messengers on the way to a couple of locations who will probably get their messages delivered well before I do."

"Good," Victoria said. "Less chance of them all going astray. Now care and come back to me as soon as you can."

"I will," he said, leaning down to give her a passionate kiss, before heading out of the kitchen and out the front door of the tavern, pausing only briefly as a tired looking De Soto and Mendoza entered.

Victoria really couldn't hear his question, but she could hear the Alcalde's negative response as he headed toward the bar.

"No. No luck at all." As he reached the bar, he said to Don Alejandro, "Risendo is not in his office." Looking suddenly worried, he added, "He's not here, is he?"

Arms tightly folded, Don Alejandro bit out, "No, Alcalde. The man is firmly ensconced in my hacienda."

Victoria almost could smile at Mendoza's incredulous exclamation. "You... sold your hacienda?"

Don Alejandro shook his head and with forced patience said, "No, Sergeant. We've been evicted."

"Evicted?" De Soto asked incredulously and looked around again.

"The tavern's safe for the moment," Victoria said. "But Diego's on his way to Santa Barbara to hire a lawyer. We have to do something after all."

Mendoza, whose attention was now apparently taken by the smell of food said, "Ah, chicken mole."

But before he could move anywhere, De Soto said, "Sergeant, you stomach can wait until after we've captured Zorro." He turned and headed wearily back to the door, while Mendoza lingered until the alcalde called impatiently, "Now, Sergeant!"

Mendoza reluctantly turned and followed. Don Alejandro turned and put his hands on the bar, head lowered.

"I am not a man suited to waiting," he said after a moment.

Victoria wasn't sure who he was speaking to, but Señor Calvillo who was busily scrubbing the bar said, "Yes, commander, but back in the day you certainly could if it meant the difference between victory or defeat."

"That's true," Don Alejandro said.

"And we are certainly fighting some kind of war now," Victoria said.

"It would be easier if we knew what it is that the enemy wants," Don Alejandro said. "Diego's right. If it was just about the money, he'd be willing to take ours and be gone."

"It looks personal to me," Señor Calvillo said. "Some kind of grudge, a grievance against you or your family."

"Yes, but why?" Don Alejandro said.

"Hard to say," Señor Calvillo said. "Sometimes it's for reasons that would make no sense to any sane person. And there is a kind of madness in that man's eyes."

"Or maybe like with the Alcalde, the Emissary decided to make an example of a prominent family, and we were easy targets," Victoria said.

"That makes as much sense as anything else," Don Alejandro said, then sighed. "Know thy enemy. I wish we did."

Señor Calvillo leaned against the bar. "Well," he said thoughtfully, "we may not know our enemy as well as we wish, but… then again… I don't think the Emissary knows his enemy so well either."

Victoria knew immediately that Señor Calvillo meant Zorro. "Yes...yes, you're right," she said as she thought back to her conversation with Diego a few moments ago. But I fear Risendo is soon to become much better acquainted with him.

~Z~Z~Z~

Diego made his way to the cave via the outside, as trying to approach from the hacienda would have been foolish in the extreme, considering that most of Risendo's men were guarding the place.

He checked on Toronado who seemed content enough for the moment before going to the spy hole to peek into the library, but it was empty, and unfortunately he could hear nothing. He retreated back to check on his gear, and then heard the whispering sound of the fireplace opening. While he believed it must be Felipe, Diego withdrew into the shadows until the boy appeared, waiting until he reached the clothes rack where Zorro's outfit hung before touching his shoulder to let him know that he was there.

Felipe jumped but then signed that he was relieved to see him.

"It's good to see you too, Felipe. You all right?"

Felipe simply shrugged. If things had been rough, clearly he had no intention of saying as much. So Diego instead turned back to the general situation.

"Obviously I had to come in through the cave. Risendo has the house surrounded with guards."

Felipe made a Z in the air.

"Yes, Felipe. Tonight is a night Gilberto Risendo will never forget."

~Z~Z~Z~

While Diego did not like sending Felipe back above, he knew it was necessary, mainly to keep them from wondering too much where he had disappeared to.

So he watched as Felipe made it back into the library unseen, though it seemed like it was by a narrow margin as no sooner as he started walking out of the library than Risendo, swaying drunkenly, grabbed him by the arm and held a glass up to his face.

"I want a drink!" he slurred.

Zorro could feel the anger building in him, even more as Risendo grabbed Felipe's ear. He was already up the stairs and through the fireplace before the man's next word.

"I don't care if you are deaf, you insolent pup," Risendo said. "This is a brandy glass. When I hold this up and it's empty, it means I want brandy."

Well, in that event, Zorro thought as he grabbed a glass already half filled and forgotten from a table nearby before addressing his enemy. "You shall definitely have your brandy," he said, waiting until Risendo was facing him before tossing the contents of the glass into his face.

As Risendo stumbled back, Zorro could hear the movement of Hidalgo in the other room. He had all the subtlety of a charging bull and was more predictable. Zorro turned and put the glass back down on the table.

Hidalgo called, "Let me have him!"

"Kill him and be quick about it," Risendo said.

"Must we really do this again?" Zorro said as he watched the man's clumsy charge.

Time to teach both these men a lesson, he thought as he dodged then kicked Hidalgo in the back as he stumbled past. Hidalgo fell forward, smashing a table before getting up and thrusting even more wildly than before. Zorro easily sidestepped each attack before punching the man in the face, sending him back onto the sofa.

"You're quick," Zorro said, as Hidalgo got up and tried to hit him with his sword. Zorro stepped on his blade when it hit the ground, yanking it from his hand. As Hidalgo bent to retrieve it, Zorro reached past him, grabbing a bottle which he then smashed over Hidalgo's head, knocking him out. "But not nearly quick enough."

He casually walked out of the library as Risendo began shouting, "Guards! Zorro!"

Of course, he would, Zorro thought. "And here I thought this was just going to be between the two of us," he said, mockingly.

Two guardsmen came bursting through the front door with muskets, which they aimed and fired slowly enough that he could duck out of range, though he did check quickly afterwards to see if Felipe was safely out of the way.

As one of the guardsmen drew his sword and swung it towards him, Zorro grabbed his wrist before kneeing him in the stomach. As his fellow guardsman came at him, Zorro twisted the other man around in front of him, manipulating his sword arm to block the other's attack, before kicking him over onto the ground. He could just see Felipe knock the man out with a book as he punched out the man he had been holding. Twisting Zorro saw Risendo aiming a pistol at him so he reflexively dropped down as the man fired above his head.

In apparent annoyance, Risendo threw the pistol away before drawing his sword.

"You have interfered with my plans for the last time," he said.

"It is indeed the last time," Zorro replied, determined that he would teach the man to give up whatever schemes he had for Los Angeles. He pulled out his own sword and saluted.

They began to fight. Risendo's movements were heavy and uncontrolled as if he thought he could take him down by brute force, though it was the furniture and china that took the true brunt of the fight. He tried punching out but Zorro caught it easily and pushed Risendo back against the sofa. Risendo clumsily threw a table towards Zorro before grabbing another sword and rising to slash at him with both with little better results than he had with one.

Pulling a curtain down from the ceiling, Zorro covered Risendo's head before punching his face knocking him down and out. Before he could do anything else, he felt someone jump onto his back pinning his arms to his side, forcing him to drop his sword. Throwing off his attacker, he spun around to see Hidalgo slightly off balance. He punched the man, just as a shot rang out.

Horrified, he saw a blood stain appear on Hidalgo's chest just before he hit the ground. Out of the corner of his eye he could see De Soto in the doorway pistol in hand. Zorro crouched down beside Hidalgo trying to check his pulse.

Nothing. He looked over at the unconscious Risendo and then back at where De Soto stood in the open doorway, Mendoza now by his side. Quickly, he stood, grabbed his saber and made his escape out the back as he could not retreat through the library. In his wildest imagination, he couldn't have imagined this complication. His stomach tightened into a knot as he realized that a very bad situation had just gotten much, much worse.

~Z~Z~Z~

Gilberto Risendo's Journal

Damn Zorro. Damn the de la Vegas. Damn my men for not being able to hit a man directly in front of them. Hidalgo is dead. Dead at Zorro's hand. We have served together so long and for him to be shot by a jumped up bandit in a black suit. It will not stand! And I should have that useless pile of bones De Soto ripped into pieces and used as fertilizer for simply standing there and doing nothing. I should raze this hacienda to the ground.

But not yet. First I will destroy Zorro, then the de la Vegas and everything they hold dear. And in the end that fool de Soto and his even more foolish sergeant will pay for their failures to act.

~Z~Z~Z~

After a night of tossing and turning, trying to ignore various bits of commotion from the cuartel, Victoria gave up trying to sleep and went ahead and got dressed again before heading downstairs. This was a time she was grateful that with the exception of her father in law and Señor Calvillo that the tavern was empty. With the arrival of the emissary, the guests she had had moved on rather quickly, and it was unlikely there would be any new arrivals before the coach from Monterey came through in four more days.

She walked down the stairs, wondering just how often she had actually been grateful for a lack of business of late. Overnight guests tended to add to any troubles that were happening, when they weren't the actual cause of trouble themselves. As she reached the bottom of the stairs, she noticed that the tavern door was unbarred. Slipping across the room, she opened it to see her father in law sitting outside, a pot of coffee and a cup in front of him. The sky was starting to lighten as the sun had begun to rise, though the porch was still deep in shadow. The plaza was empty, and the cuartel quiet at the moment.

He turned as she closed the door behind her. "Couldn't sleep either?" he asked.

She sat on the other side of the table. "No." It was then she spotted that there was a second (empty) cup behind the pot. It seems Don Alejandro had been expecting her or possibly Señor Calvillo to join him. She poured out the still hot liquid into the cup.

"It's hard, isn't it?" Don Alejandro said. "Waiting, that is. I've never been too good with it. I'd always thought I'd get better at it with age." He laughed. "Imagine my disappointment."

"I feel like I've spent half my life waiting for things," Victoria said. "I've never really gotten used to it."

Don Alejandro took a sip from his cup. "And now there's this... I don't know what to call him. But Diego's right. Whatever he's up to, it's personal, nothing to do with what he says sent him here."

Victoria nodded. "And though I have no idea why, I'd say it's personal to you more than anything." She sighed. "It's just a feeling. Something about the way he reacted to you that first day just seemed..." She couldn't think of the right word.

"I don't know either. There's something almost familiar about him, maybe a resemblance to a father, an uncle, someone I've known, but the name... I can think of no Risendos that would have any reason to hold a grudge against me."

Sighing, Victoria looked out across the plaza. "Maybe he's just crazy after all."

"Or trying to make a name for himself and somehow figures attacking us will do it for him," Don Alejandro said. "He wouldn't be the first to try something like this." He shook his head slightly. "Zorro may defend us, but sometimes it seems he draws the ambitious as well. It's something I hadn't really considered before."

"A lot of people haven't. For a while I certainly didn't. The pueblo has come to depend on him too much at times."

"I know I did, until..." Don Alejandro slapped his gloves against the table. "Well, I learned better. There are battles the people should fight for themselves. Though now with an emissary of the king who has soldiers to do his bidding..." He shook his head and took a healthy swig from his cup. "It's not so easy to know what to do right now," he finished up.

Not knowing what to say, Victoria took a sip from her cup. It was strong and bitter, but at this hour of the morning satisfying. Looking at the brightening sky, Victoria sighed. She decided she might as well get started on the day's work. They'd soon know if Zorro had made any difference.

~Z~Z~Z~

Victoria managed to distract herself for sometime though there was some kind of activity going on over at the cuartel. But she knew that Don Alejandro was watching that from the porch, so there was little point in her watching also. However, she did go out to bring him some breakfast and juice. While she was standing there, she noticed the few people in the plaza moving towards the gate. Beyond them she could see the alcalde and Sgt Mendoza riding ahead of some others, though she couldn't yet identify them.

Don Alejandro stood and started walking in that direction, while Victoria followed him in curiosity. She soon saw the Emissary and some of his men, one leading a horse over which was draped the body of a man in uniform.

What was going on? That was no way to treat an injured man, and if it was worse, then surely it would be more appropriate to bring him by wagon.

She saw Padre Benitez approach the Emissary as he reached the church.

"Emissary, what happened?" he asked.

Risendo looked down from his seat at the man. Loudly, he said, "A hero has died, fighting for the King of Spain." Then turning to address De Soto, he called out, "Alcalde! See that Lieutenant Hidalgo's body is properly taken care of. I have some unfinished business." He dismounted and walked towards Don Alejandro.

Victoria watched as her father-in-law stiffened his back and put his hands on his hips ready to stare the Emissary down. "So, you're back," he said.

Although Victoria had no particular idea what the Emissary's response would be, the one he gave shocked her entirely. "Zorro killed my lieutenant."

"What?" Victoria exclaimed. Of all things, that did not seem a possibility.

Risendo ignored her as he kept his focus on Don Alejandro, as usual. "But only after making your house unliveable."

Don Alejandro kept his expression controlled as he asked, "Does that mean you're abandoning our hacienda?"

"I've… lost my taste for it," Risendo said. "Therefore the Church property will have to be sold to pay for the overdue taxes."

Oh, no, we're back to this, Victoria thought.

"Just one moment," Don Alejandro said fiercely. "You've got the money from my bank accounts." He pointed at Risendo. "You pay the taxes with that."

The emissary smirked at them. "But since we'll be investigating the sources of your frozen assets—which could take years—those funds aren't legally available to pay the taxes."

So it really was about punishing Don Alejandro or the de la Vegas for something, Victoria considered. But what? What could it be? Her thoughts were derailed when she heard a very familiar voice calling from above them.

"They are now, Emissary!"

Victoria looked up to see Zorro standing on the cuartel roof with his whip in one hand and a significant looking white sack in front of him.

As the emissary called for the guards, Zorro was swift to lash out with his whip using it to pick up and drop a bar into the cuartel gates, locking the lancers inside.

Zorro smiled as he coiled the whip up. "I personally released the de la Vega funds from the bank." He held up the sack. "Since they're now mine, allow me to pay the pueblo's back taxes." He tossed the sack down at the Emissary's feet.

"You can't pay the taxes with stolen money," the emissary said.

Victoria almost smiled as Padre Benitez asked, "Why not?"

But still, looking at the crowd around them, Victoria felt the need to make a point of her own. "But that money is really yours, Don Alejandro."

And he needed no prompting to use that fact. Looking around at the crowd, he said loudly, "It's money well spent to save the church."

Victoria was glad to hear the approving noises from the crowd, though she still felt resentment at how easily they had been swayed. She heard Zorro whistle for Toronado and watched as he gracefully jumped from the roof to his horse's back.

Riding up to Risendo, Zorro said, "You underestimate these good people, Amigo."

Through clenched teeth, the man said, "I'll have your head."

"Careful, Amigo," Zorro said. "You want my head, you get the rest of me." He began to ride away before facing and speaking to the crowd. "Remember who your friends are. For only by standing together will any of us be able to stand at all."

He rode away to cheers from the crowd. The emissary angrily picked up the money bag and stalked away to the alcalde's office without another word.

Don Alejandro stared after him before turning to Victoria. "Incredible. The man acts like a spoiled aristocrat. Still... there's... something else there peeking out."

"Yes," Victoria said. "And I don't believe what he said about Zorro killing his lieutenant. Something else must have happened."

Don Alejandro stared after him before turning to Victoria. "I know. I think we'd better see what he means by unliveable."

~Z~Z~Z~

Victoria followed Don Alejandro into the hacienda to find Felipe sweeping up broken glass. He stopped as they came in.

"Ah, my boy," Don Alejandro said, embracing him in a fatherly hug. "Are you well?"

Gripping the broom more firmly, Felipe nodded, while looking around at the mess.

"Did you see what happened?" Don Alejandro. "How the lieutenant was killed?"

Felipe nodded his head, then mimed a fight between Zorro and the Emissary, and Zorro knocking him out, finally signing that the alcalde shot at Zorro but hit the lieutenant instead, then blamed Zorro for it.

"How could he?" Victoria asked, though she knew the answer as well as anyone in the room. Fear and his instinct to blame Zorro for everything. "Should we... should the emissary be told what really happened?"

Don Alejandro sighed. "We should, but if we do, De Soto's a dead man and probably by a worse method than he faced before. I don't like the man, but... that..." He took a deep breath. "Zorro's been falsely blamed for things before, and he's better at escaping than De Soto. We can leave things for the moment. Only speak out if it's needed."

Victoria ground her teeth together in frustration. Of course, again. But Don Alejandro was right. And right now it wouldn't do for Felipe to draw attention to himself. Who knows? Risendo might blame him for not coming forward immediately and try to punish him as well as De Soto. It's not as if he were a sane man. She glanced at the fireplace. Diego was probably in the cave now and for the next couple of days most likely. He couldn't "return" from his trip any sooner.

She considered slipping down there when Maria came out of the kitchen angrily complaining of the mess left behind by Risendo and his men, and reluctantly Victoria went to deal with the damage. The cave would have to wait.

~Z~Z~Z~

Diego looked through the peephole into the library. The room was quiet and empty at last. The hacienda had been a beehive of activity for much of the day. At least so it seemed once he had returned from the rather long ride. He longed to see Victoria again and to sleep with her in their own bed, but he couldn't risk that right now. Also exhaustion was starting to creep in, as he'd spent most of the night as well as the day awake.

He already had his bedroll set out on the floor as well, this one made long enough to accommodate his full length, not really a necessity, but it did make sleeping in the cave less unpleasant. Well, for him, Toronado had no problems sleeping as well as living there, he thought with a tired grin.

Stretching out, he tried ordering the chaos in his mind. He still didn't understand the Emissary or his true objectives and had learned very little in the aftermath of their fight and Hidalgo's death, except that he needed to get the necessary funds from the bank before Risendo once again reverted to trying to take the church property. However, he supposed he would learn soon enough. Now having the money for the war tax, the Emissary had ostensibly completed his mission to Los Angeles, and considering the need for the money, the king would not appreciate any unnecessary delays. So if the Emissary continued to remain (and there was the fact that he would not be able to remain for very long), well, whatever he then did should help narrow down the possibilities in the time they had left or at least help them to out wait him.

Just as he was starting to drop off, Diego was startled by the sound of someone walking down the stairs and opened his eyes, expecting to see Felipe, but instead was very pleased to see Victoria, dressed for bed with a heavy blanket draped around her shoulders. He jumped up to greet her with a kiss.

"You shouldn't be down here," he said, "but I am glad you're here."

Victoria leaned her head against him for a moment. "It's a ridiculous idea for us to sleep separately when you are really here, and I have no intention of being ridiculous."

"It will be more uncomfortable," Diego said.

"As if that matters to me," Victoria said. "I'm not some fine lady, even if I married you. And anyway, this looks more comfortable than the windmill we slept in together back..."

"When everything changed," Diego said. He would never forget that night. For them to finally no longer have the mask as a barrier between them had lightened his burdens as well as giving them true hope for their future. "I think we can do a little better than that night." He went over to the corner where he had a couple of more bed rolls as well as pillows stored and brought one of each over to set up next to his own.

Victoria smiled. "Much better since there's no need of a bench to keep us apart."

"Well, I do have a bench down here if you want me to set it up," he smiled wryly, "for old time's sake."

"No, I think this will do nicely."

"If you insist," Diego said as he settled in next to her.

Victoria eased over and put her head on his chest. After what seemed like a long silence she asked, "What now?"

"You mean about Risendo?"

"Yes."

Diego sighed. "I don't know. This man is... an enigma."

"It will be all right. You always figure out what to do."

"I hope you're right." He stroked her hair. "We better get some rest for whatever tomorrow holds."

Victoria raised her head and leaned in to kiss him. "We should get some rest... later."

Diego smiled. "You're not tired?"

"Oh," she kissed him again," I'm never that tired."

~Z~Z~Z~

Letter to Ynez Risendo from Gilberto Risendo

Dear Mother,

I have had to abandon the de la Vegas' hacienda. There is an obstacle in our path that must be overcome: the bandit Zorro. I never believed that one man could prove so troublesome. But he has killed Hidalgo and poisoned my triumphs. If I am to succeed in our quest to bring about the utter ruin and humiliation of Alejandro de la Vega as well as his chosen heir, I must deal with the Fox. I shall tear him limb from limb and bring his head back to Madrid on a spike of Toledo steel. There is no alternative, and I shall not rest until this done!

Your son,

Gilberto

The End

Next Up: "Conundrum"

End Notes:

As I mentioned before, this episode had a really compressed time line. Basically we have the night before the full day, and then we have Hidalgo's body coming into the pueblo in what looks to be the next morning. In any event, I rearranged some of what happened near the end of the episode as the timing seemed more than a bit off (not for the first time in the series).

And it will be obvious that I had to shift dialogue about a bit, since Victoria would no longer be the go to person for asking about Zorro. And it was nice to give Señor Calvillo a little more to say in this final four parter.