"Sir, I have had the honor to receive him in my residence in the island of Elba."

"Under what name and circ.u.mstances was he known to you, Signore?"

"Eh--he called himself Sir Smees, a capitano in the service of the English king."

"What vessel did he pretend to command?"

"Ze Ving-y-Ving--a lugger, which I have since had reason to think is le Feu-Follet, a corsair under the French flag. Monsieur did me the favor to make two visits to Porto Ferrajo in the character of Sir Smees."

"And you know now that this is Raoul Yvard, the French privateersman you have mentioned?"

"Eh--_know?_--I know they _say_ this is the Signor Yvard, and that ze Ving-y-Ving is le Feu-Follet."

"They _say_ will not do, Signor Barrofaldi. Can you not say this much of your own knowledge?"

"Non, Signore."

The court was now cleared; when it re-opened Vito Viti was sent for and properly sworn, his attention being particularly directed to the cross on the back of the book.

"Did you ever see the prisoner before this occasion, Signor Viti?"

demanded the Judge Advocate, after the preliminary questions had been put.

"Signore, oftener than it is agreeable to remember. I do not think that two grave magistrates were ever more mystified than were the vice-governatore and myself! Eh-h-h--Signori, the wisest sometimes become like sucking children, when there pa.s.ses a mist before the understanding."

"Relate the circ.u.mstances under which this occurred, to the court, Signor Podesta."

"Why, Signori, the facts were just these. Andrea Barrofaldi, as you know, is the vice-governatore of Porto Ferrajo, and I am its unworthy podesta. Of course it is our duty to look into all matters affecting the public weal, and more especially into the business and occupations of strangers who come into our island. Well, it is now three weeks or more since the lugger or felucca was seen--"

"Which was it, a felucca or a lugger?" demanded the Judge Advocate, holding his pen ready to write the answer.

"Both, Signore; a felucca and a lugger."

"Ah--there were two; a felucca and a lugger."

"No, Signore; but this felucca was a lugger. Tommaso Tonti wished to mystify me about that, too; but I have not been podesta in a seaport so many years for nothing. No, Signori, there are all sorts of feluccas--ship-feluccas, brig-feluccas, and lugger-feluccas."

When this answer was translated, the members of the court smiled, while Raoul Yvard laughed out honestly.

"Well, Signor Podesta," resumed the Judge Advocate--"the prisoner came into Porto Ferrajo in a lugger?"

"So it was said, Signore. I did not see him actually on board of her, but he professed to be the commander of a certain vessel, in the service of the King of Inghilterra, called ze Ving-y-Ving, and said that his own name was Smees--si--il capitano, or Sir Smees."

"Professed? Do you not know that this lugger was the notorious French privateer, le Feu-Follet?"

"I know they say so now, Signori; but the vice-governatore and I supposed her to be ze Ving-y-Ving."

"And do you not know that the prisoner is actually Raoul Yvard; of your own knowledge, I mean?"

"Corpo di Bacco!--How should I know any such thing, Signor Guideca-Avvocato," exclaimed Vito Viti, who literally translated what he understood to be the t.i.tle of his interrogator, thereby converting him into a sort of ship-felucca--"how should I know any such thing? I do not keep company with corsairs, except when they come upon, our island and call themselves "Sir Smees.""

The Judge Advocate and the members of the court looked gravely at each other. No one in the least doubted that the prisoner was Raoul Yvard, but it was necessary legally to prove it before he could be condemned.

Cuffe was now asked if the prisoner had not confessed his own ident.i.ty, but no one could say he had done so in terms, although his conversation would seem to imply as much. In a word, justice was like to be in what is by no means an unusual dilemma for that upright functionary, viz., unable to show a fact that no one doubted. At length Cuffe recollected Ghita and Ithuel, and he wrote their names on a piece of paper, and pa.s.sed them down the table to the Judge Advocate. The latter nodded his head, as much as to say he understood the president"s meaning; and then he told the prisoner he might cross-examine the witness if he saw fit.

Raoul fully understood his situation. Although he certainly had not entered the Bay of Naples with any of the ordinary views of a spy, he was aware how far he had committed himself, and foresaw the readiness with which his enemies would destroy him, could they find the legal means of so doing. He also comprehended the dilemma in which his accusers were placed for the want of testimony, and at once resolved to turn the circ.u.mstance as much as possible to his advantage. Until that moment the idea of denying his own ident.i.ty had never crossed his mind; but perceiving what he fancied an opening for escape, it was but natural to avail himself of its protection. Turning, then, to the podesta, he put his questions in English, that they might go fairly through the same process of interpretation as the rest of the examination.

"You say, Signor Podesta," he commenced, "that you saw me in the town of Porto Ferrajo and in the island of Elba?"

"Si--in which town I have the honor to be one of the authorities."

"You say I professed to command a vessel in the service of the King of England; a felucca, called ze Ving-and-Ving?"

"Si--ze Ving-y-Ving--the commander of that felucca."

"I understood you to say, Mr. Podesta," put in Lyon, "that the craft was a lugger?"

"A felucca-lugger, Signor Capitano--nothing more nor less than that, on my honor."

"And all these honorable officers well know," observed Raoul, ironically, "that a felucca-lugger and a lugger such as le Feu-Follet is understood to be are very different things. Now, Signore, you have never heard me say that I am a Frenchman?"

"Non--you have not been so weak as to confess that to one who hates the name of the Francese. Cospetto! If all the Grand Duke"s subjects detested his enemies as I do, he would be the most powerful prince in Italy!"

"No doubt, Signore; and now suffer me to inquire if you heard any other name for that felucca than ze Ving-and-Ving. Did I ever call her le Feu-Follet?"

"Non--always ze Ving-y-Ving; never anything else; but--"

"Your pardon, Signore; have the goodness to answer my questions. I called the felucca ze Ving-and-Ving; and I called myself le Capitaine Smeet; is it not true?"

"Si--Ving-y-Ving and il Capitano Smees--Sir Smees, a signore of an ill.u.s.trious English family of that name, if I remember right."

Raoul smiled, for he was confident this notion proceeded princ.i.p.ally from the self-illusion of the two Italians themselves; the little he had said on the subject having been drawn out more by their suggestions than by any design on his part. Still he did not deem it prudent to contradict the podesta, who, as yet, had testified to nothing that could possibly criminate him.

"If a young man has the vanity to wish to be thought n.o.ble," answered Raoul, calmly, "it may prove his folly, but it does not prove him a spy.

You did not hear me confess myself a Frenchman, you say: now did you not hear me say I was born in Guernsey?"

"Si--the Signore did say that the family of Smees came from that island--as the vice-governatore calls it, though I acknowledge I never heard of such an island. There are Sicilia, Sardegna, Elba, Caprea, Ischia, Irlanda, Inghilterra, Scozia, Malta, Capraya, Pianosa, Gorgona, and America, with several more in the east; but I never heard of such an island as Guernsey. Si, Signore; we are humble people, and I hope modest people in the island of Elba, but we do know something of the rest of the world, notwithstanding. If you wish to hear these matters touched on ingeniously, however, you will do well to call in the vice-governatore for half an hour and invite him to open his stores of knowledge. San Antonio!--I doubt if Italy has his equal--at islands, in particular."

"Good," continued Raoul; "and now tell these officers, Signore Podesta, if you can say on your oath, that I had anything to do with that felucca, ze Ving-and-Ving, at all."

"I cannot, Signore, except from your own words. You were dressed like one of these officers, here, in an English uniform, and said you commanded ze Ving-y-Ving. While speaking of islands, Signori, I forgot Palmavola and Ponza, both of which we pa.s.sed in this ship on our voyage from Elba."

"Good--it is always well to be particular under oath. Now, Signor Podesta, the result of all your evidence is, that you do not know that the felucca you mention was le Feu-Follet, that I am a Frenchman even, much less that I am Raoul Yvard, and that I told you that I was from Guernsey, and that my name was Jacques Smeet--is it not so?"

"Si--you did say your name was Giac Smees, and you did not say you were Raoul Yvard. But, Signore, I saw you firing your cannon at the boats of this frigate, with French colors flying, and that is some signs of an enemy, as we understand these matters in Porto Ferrajo."

Raoul felt that this was a direct blow; still, it wanted the connecting link to make it testimony.

"But you did not see _me_ doing this?--You mean you saw ze Ving-and-Ving in a combat with the frigate"s boats."