"Fanning the Embers of Conspiracy"
Diego’s knowledge of the families in the area helped to untangle many of the facts in the cases brought before the Magistrado. Everyone trusted Diego, which helped him to become a sort of mediator between the parties, and often he was able to give the participants just the nudge they needed to settle their problems between themselves. The Magistrado seemed pleased with Diego’s progress and told him so frequently. Diego found the work to be satisfying and he also found working with the Magistrado to be quite enjoyable. The Magistrado was fair and impartial in his dealings with the people. His knowledge of the law was impressive and he taught Diego much. Diego was intrigued by the law and its application and began to think perhaps he might want to make it his career. He and Santiago formed a friendship and the two of them would often have a ruthless game of chess or a game of cards at the tavern in the evenings. However, the familiarity did not extend into all facets of their relationship. Santiago always let it be known that he was the Magistrado and Diego was under his direction. Diego understood and respected that distinction.
The only thing Diego did not like about his position was that he had been prevented by the Magistrado from discussing any of the cases with his father, or anyone else for that matter. Santiago pointed out, and rightly so, that these were cases which involved the office of the Magistrado of His Majesty’s government, and as an official of that government, Diego was bound by the rules of that office. Santiago did not have a problem with Bernardo accompanying Diego, since he was deaf and could not hear what was being said, but Diego was to take no one else with him. Don Alejandro was keen to hear the details of Diego’s work, but when Diego explained the rules to him, he was somewhat mollified. He even agreed by saying, "It is a good rule, for I would not want my business spread around for everyone to hear and gossip about." Diego did discuss certain aspects of law with his father, going over the new things he was learning from the Magistrado, and Don Alejandro was impressed with his son’s ability. Don Alejandro did not care much for lawyers as a general rule, but he would make an exception if Diego should choose that as a career. At least being a lawyer was a productive profession. Better than writing poetry all day and producing nothing but useless tunes on his guitar.
As time went on, the Magistrado gave Diego more important cases to work with. He began sending him to the far reaches of the district to handle the signing and notarizing of important documents or to gather information and report back to the Magistrado with his findings. This required Diego to spend more and more time away from Los Angeles. Don Alejandro often watched his son ride away, wondering just what Diego’s missions were all about. As long as Diego had handled cases in and around Los Angeles, Don Alejandro had been able to make discreet inquiries among his friends and usually found out what case Diego had been involved with. While Diego might be under orders not to reveal his cases, the participants were under no such restrictions and they often talked freely among themselves. It was not just curiosity, Don Alejandro told himself. He just wanted to keep abreast of everything that Diego was doing, for his son’s own protection. After all, Diego was still a somewhat wide-eyed youth, full of ideals, and not experienced in the ways of the world. So far, however, Don Alejandro had found nothing to raise any questions in his mind concerning Diego’s work. He was quite impressed with the Magistrado who had taken Diego under his wing. He just didn’t like being excluded from his son’s life now anymore than he had liked it before when Diego would come and go on a whim late at night, or decided to spend a few days and nights in the pueblo just because he was bored at the hacienda. He also found it strange that Diego sometimes left Bernardo at home while he was away for more than a couple of days.
The reason for leaving Bernardo behind when Diego went on his missions for the Magistrado was to care for Tornado, since there was no one else who could do it. They had tried leaving several days worth of food for the stallion at a time, but found that the silly glutton would eat most of it in the first day or so, leaving himself nothing to eat for later. It seemed to be Tornado’s one failing. So Bernardo had to stay behind to feed Tornado and give him the exercise he needed to keep in shape. Bernardo did not like being away from his master, but bowed to the necessity of caring for Tornado.
Diego also found himself often neglecting his fencing exercises as he was spending a great deal of time in the pueblo with the Magistrado or traveling so much that he had no opportunity to find time to practice. As Diego, he still could not carry a sword along with him without raising eyebrows and so he could not practice while away.
In the darkness of the secret room, Zorro’s costume began to gather dust.
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Summer was passing and the days were growing shorter. Santiago found himself in what any other man would have called a satisfying job. He was well respected by those in the pueblo, and at times he would even hear his motto called to him as he rode by. "Justice is served!" they would cry out. He would tip his hat to them and they would smile and wave back. The Governor was quite pleased with his progress and sent him letters indicating that his name had been mentioned prominently in the latest communications to His Majesty in Spain. Yes, things were going well. Santiago’s recruitment of Diego de la Vega had also been quite successful. The young don had performed very well in his duties, the only surprise in the whole affair. Santiago thought he could see some of himself at that age in the younger man. Diego was a quick study and able to think for himself, often suggesting solutions which met with everyone’s approval. The main difference between them was that Diego was soft and gullible, readily going where Santiago told him and doing everything asked of him. Santiago was careful not to ask him to do anything which was even the least bit questionable, thus reinforcing Diego’s confidence in the Magistrado. When the time came, Santiago was sure Diego would carry out the Magistrado’s orders even, if they seemed strange, because of the complete faith the young don would have in him. This faith would allow Santiago to manipulate Diego, setting him up for the charges of treason which would be leveled against him.
Santiago made sure Diego had met Lozano, and while de la Vega did not become friends with the man, he became accustomed to seeing him in the Magistrado’s office and on occasion, he himself, prepared some of Lozano’s permits. This bit of camouflage was working perfectly. Whenever Santiago and Lozano needed to communicate, they could do so in broad daylight as long as Lozano needed a permit or two for his business. Thus, Diego never had reason to suspect anything. The young man bought goods from Lozano’s store from time to time and always found everything in order. The items mentioned in the permits were always present in the store. If he had to communicate with Lozano after hours, Santiago always made sure Diego had gone home or was away on an assignment before allowing Lozano to come to up to his office.
The only dark spot in his days came when he must return home in the evenings. Gracilia’s condition was steadily growing worse. She spent most of her days in her bed, moaning under her breath when the pain became more than she could bear. The laudanum was losing its ability to mask her pain and she suffered greatly. Doctor Avila was constantly in attendance, doing the best that he could, but this illness was beyond his experience. Santiago felt as though his home had become a place where death hovered on silent black wings, but was yet constrained from claiming Gracilia’s soul. For it seemed that, despite her desperate condition, on some level deep within, her will to live on was strong. Santiago spent only as much time with her as would appease Doctor Avila’s sense of propriety. Lozano reported to him that the pueblo admired Santiago greatly for the loving care he gave to his wife who was so very ill and that they held great sympathy for him. They also admired him for the way he bravely carried out the duties of his office in the face of his personal tragedy.
He spent more evenings at the tavern than he spent at his home. He chafed that he could not entertain guests at his own home. The tavern was just not the place to socialize with the upper class on more than a superficial level and he was tired of it, but where else could he go? He attended fiestas and dinner parties at the homes of the dons from time to time, but he was tired of being a guest. He wanted to play the part of the host, to exhibit the power of his position in the community. To have the powerful come to him as guests in his home. But that was not possible while Gracilia lived. She needed the peace and quiet that a home filled with silence could give her. Santiago felt that Gracilia was becoming a millstone around his neck, dragging him down with her.
If only she would have the good sense to die . . . .
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By the time of the fall equinox, Santiago knew that all was ready. He was sure Diego did not suspect a thing. The young man’s enthusiasm for his work had never flagged. He seemed truly happy working for the Magistrado who had done everything in his power to continue to appear as an honest and upright government official. Santiago even entertained the thought that had he wanted to remain just a government official, he could not have asked for a more devoted assistant. Diego really seemed to believe in the power of true justice under the law. All the better for his plan, thought Santiago. He, himself, would now set that plan into motion.
One evening, he asked Diego to go with him to the tavern for some wine. It was a quiet night in the pueblo. Lozano was already there having dinner. Tío was idly polishing some wine glasses behind his counter. There were a few vaqueros drinking wine at another table. One of them was quietly strumming a guitar.
After a few pleasantries and some small talk about Don Alejandro’s rancho, Santiago leaned back in his chair pointing at the wanted poster of Zorro on the wall and said, "Tell me, Diego. Why do you think El Zorro seems to have just disappeared off of the face of the earth? Where do you think he has gone?"
Diego’s heart skipped a beat as it always did whenever he was questioned directly about Zorro, but he did not let anything reach his face. He noticed that at the mention of Zorro’s name, the other men looked their way. He smiled as he said, "I am sure he is still about, Your Excellency. And who can say why he appears or he does not? Perhaps at the moment he sees no need to make an appearance."
"That is too bad," said Santiago. "He is still considered an outlaw by the government and should be captured and brought to trial. No one has ever discovered his identity?"
"Not to my knowledge, Magistrado. However, if you check the records, I believe you will find that several men have been accused of being El Zorro. Even I was once accused of being this bandit by one of our former commandantés." Diego looked over his glass at Santiago.
"You, Diego?" laughed Santiago. Seeing the chagrin on Diego’s face, he stopped. "Forgive, me. It’s just that . . .," he trailed off, but he was still smiling. Behind Diego’s back some of the other men in the tavern smiled too.
Diego tried to shrug it off, playing the part of the slightly insulted scholar, and said, "There is no need to continue, Your Excellency. There is nothing you can say that has not been said before. I know who I am. And I am still a man even though I do not wield a sword."
"Agreed," said Santiago, sobering. "We will drop that part of the discussion. Back to Zorro then. Many people saw Zorro as a savior when he fought against His Majesty’s officials. Do you see Zorro as a savior, Diego?
Diego paused as he considered just how to answer the Magistrado’s question. "I see Zorro as a man who fought tyranny in the only way open to him, Your Excellency," he said carefully. "The people were oppressed, without hope of rescue when he appeared out of nowhere. When everyone else was impotent, Zorro struck a blow for liberty. With his help, we were able to rid ourselves of a commandanté whose tyranny was boundless. If this makes him a savior, then so he is."
"Let me see if I understand you," said Santiago. "You are saying that you condone the actions of a man who must work outside of the law to achieve his ends?"
Diego found himself in a bit of a dilemma. Did he disparage Zorro for working outside the law or did he say that he approved? It was a pretty problem considering he would be talking about himself. Finally he said, "I would prefer that the people be championed by men who can use the law to protect them. Men such as yourself, Your Excellency." Santiago nodded to acknowledge the complement. Diego continued, "But when that is not possible, when those who are given the responsibility of rule over us abuse their power, use the threat of the military against us, use the fact that we are so isolated from Spain so there is nowhere to turn for help, then that is when I can condone the actions of a man like Zorro."
"I see," said Santiago, who sipped his wine as he thought. After a pause, he said "I seem to remember hearing that the Eagle was a guest in your hacienda for quite some time."
"Yes, he was there . . . without invitation. It was more of a confiscation," said Diego. "But what has this to do with our discussion of Zorro?"
"Zorro appeared in your home on more than one occasion while the Eagle was there, did he not?"
Diego was becoming uncomfortable with this line of questioning. But he had to answer. "Sí."
"Did Zorro ever contact you? Enlist your aid in his efforts?"
"No, Your Excellency. He did not," said Diego.
"Why do you suppose this was, Diego? You and he certainly must have had the same goal: to get rid of the Eagle."
Diego nodded his agreement.
"Well then, my young friend, consider this," said Santiago. "Could it be that he was secretly meeting with the Eagle to aid him in his plots?
"Zorro? I would not believe such an accusation," said Diego, as his pulse quickened. "How do you explain his helping my father to defeat the Eagle?" he asked.
Santiago leaned forward as he said, "I think Zorro desires to take the Eagle’s place and realizing this, he began working to defeat the man so that he might himself become the usurper. So that he may try at some future time to take over California for his own purposes. He may be gathering an army in the hills even as we speak."
Diego was astonished. Zorro had been accused of many things, but never treason. He looked around and noticed the man strumming the guitar had stopped. Everyone, including Señor Lozano was listening. Could they believe such a thing? Surely not. "Your Excellency, whatever and whoever Zorro may be, I do not believe he would do such a thing," he said earnestly. Some of the vaqueros nodded their heads emphatically, but there were some who did not.
Santiago pressed on. "How do you know, Diego? How can you be sure what the motives are of a man who never shows his face openly, who comes and goes on the shadows of the night, who eludes capture at every turn? As an officer of the law, I must therefore assume that he is every bit as dangerous as the Eagle and must see him brought before the bar of justice. You agree, do you not?" Santiago watched Diego closely.
Diego found that his blood was up. He knew intimately what kind of man Zorro was after all. His own honor was bound with that of Zorro’s. He was frustrated that he could not defend Zorro without giving himself away. Diego clenched his jaw. "I will only agree up to a certain point, Your Excellency," he said. "All those accused of a crime should have their day in court to have their guilt proven . . . ," and here he looked directly into Santiago’s eyes, "or to have their innocence established."
Santiago raised an eyebrow as he said, "So. If it was in your power to have Zorro arrested, what would you do?" Santiago’s eyes then narrowed after he asked this question. He knew Diego had been deftly maneuvered to set up what was to come. He was not disappointed.
"Let us say I sincerely hope that Zorro sees no need to ever appear again in our pueblo, knowing that his work is done," said Diego leaning forward in all earnestness. His voice became intense. "You, Señor, were not here during the turmoil of the past year or so when Zorro found it necessary to come to the defense of the people. His desires for the people’s welfare were always honorable even though he remained outside the law. I would find myself in a difficult position were I to be the one to have Zorro arrested."
"So you would prefer to see him never captured?" asked Santiago.
"Sí, that is so, Your Excellency," said Diego levelly. He saw that all the other men in the tavern, except Lozano, nodded at his words. They had been reminded anew how Zorro had helped them all. Diego saw that Santiago was also watching the vaqueros.
After a brief moment of silence, Santiago drank the last of his wine and then pulled out his watch. "Look at the time," he said. "It is growing late. This has been a most fascinating discussion, Diego. Your friend Zorro is a most interesting topic. I still believe him to be a dangerous man, and nothing will interfere with my duties as the Magistrado of this pueblo should the opportunity present itself to arrest Zorro and bring him to trial. Zorro and anyone who is in league with him. You understand that, do you not?" he said looking at Diego. Looking at the others in the tavern, he said, "All of you. Understand?" Santiago smiled as the vaqueros nodded or answered they understood. "Good. Well then, I will bid you good night, Diego. I have some reading I wish to do. Remember to be at my office at nine o’clock tomorrow morning to go over the documents which will be going to Monterey."
Diego acknowledged the time of the meeting and Santiago left. The next week went by without further mention of Zorro. But Diego did notice that the Magistrado had pulled out the record books of the cuartel and had them sitting on his credenza. He surmised that Santiago was doing what many had done before him. He was looking for clues to Zorro’s identity. Diego was glad the Magistrado found plenty of work for him to do outside the pueblo, so he would not have to try to answer any more of Santiago’s questions about Zorro. He hoped that with the seeming total disappearance of the masked rider, the Magistrado would set aside his investigation for more immediate matters.
A few days later, Diego and Bernardo made a trip down to the docks at San Pedro to gather the facts in a disagreement between two fishermen over the ownership of a boat. San Pedro was not much of a village, but it did have an establishment which served wine and food. After Diego had taken the men’s statements, he and Bernardo stopped in to refresh themselves before taking the long ride back to Los Angeles. There were several tables set out under a large tree and some men were already seated there when Diego arrived. Diego sat at one of the tables and indicated it would be all right for Bernardo to sit with him. Bernardo smiled and looked around happily as they waited for their wine. After the tavern’s bar maid served them, they began to listen to the conversation of the other men. At first, it was just a discussion of the usual subjects in a small fishing village. The weather. The best location of the day for catching fish. And, of course, the weather. Then the name of Zorro came floating out over their conversation and both Diego and Bernardo exchanged glances. They paid more attention.
One of the men was saying, "Yes, I heard it from my cousin’s husband. They are saying that Zorro is waiting somewhere in the hills with an army, getting ready to take over all California for himself."
"I don’t believe it," said another, younger man. "My father was among those taken for not being able to pay his taxes to that false tax collector of the Eagle’s. He was going to be taken to the mines as a slave with the others and Zorro came and set them all free. Zorro would never try to take over California like you say."
"My cousin’s husband said he heard it from the Magistrado’s own lips. The Magistrado believes Zorro wants to take over all California, to rule over us." While the other men discussed this, the man turned and motioned to the bar maid again. "Lolita. Bring more wine, por favor."
"Sí," the dark haired woman acknowledged.
Diego wanted to get up and defend Zorro, but Bernardo put out a hand to restrain him. Diego locked eyes with his servant for a moment and then tossed a coin on the table and motioned for Bernardo to follow him. They mounted and rode out of town before speaking.
"Why did you stop me?" said Diego. "You know the man’s words are false." Bernardo signed. "You could see that I was angry and might have said too much?" Diego paused. "You are probably right. I was angry." Diego shook his head in dismay. "I suppose it was those vaqueros I told you about who were in the tavern a week or so ago. They overheard the Magistrado’s statement concerning his beliefs about Zorro and now they have spread the story far and wide, embellishing the tale as it goes. I do not know what I should do."
Bernardo was at a loss also. Through a series of signs he asked, "If Zorro does not defend himself, how can he be defended?"
Diego shrugged slightly as he said, "I do not know. There has been no need for Zorro to ride for quite some time. If he never appears again, then surely this will all blow away on the winds. Time is his ally. I do not think it is wise for Zorro to be seen when there is no reason for it. Zorro is in a unique position in that he cannot make his case for himself and those, such as myself, who might try to defend him could be caught up in accusations of conspiracy. You know how fear can make people react." Bernardo nodded. Diego sighed and said, "I suppose all we can do is wait and just let time take care of it." Bernardo reluctantly agreed.
"But it is hard, Bernardo, it is hard."
