The case of Hualcoyotl against Cacami was one of the first, of a special character, which came up for trial under the new organization of the courts.

The sessions of the court which was to try the case were held in a hall set apart for court purposes, called the hall of justice.

The day set for the hearing was at hand, and the court had convened.

The judges, dressed in their court costumes, which gave them a solemn and dignified appearance, were in their seats. The chief officer in attendance had commanded silence, and a hush of expectancy had fallen upon those present. The case was an interesting one in its character, and prominent from the fact that the king was a party to it, and had attracted quite a large audience to witness the proceedings, which were opened by the presiding justice saying, very impressively:

"The keeper of records will read the order of the court for the delivery of one Cacami into its presence."

The official indicated rose up and read, in a manner peculiarly his own, yet native in the nasalized expression with which his delivery was effected:

"It is ordered," he began, scrutinizing with care the hieroglyphical painting, which he held up before him, "that Cacami, a warrior, be brought into the presence of this, the king's highest tribunal of justice, that he may have opportunity to show why he should not suffer the penalty of death for the violation of a sacred and duly established law of the realm."

The keeper of prisoners retired, and, after a few minutes' absence, returned, accompanied by Cacami. The young warrior was looking pale, but resolute. He walked with a firm step to his place in the court; and being a man of superb physique, admirably proportioned, with a bright eye and handsome face, his appearance elicited a murmur of voices, which was evidently an expression of admiration. Directly followed Itlza, in company with Euetzin. She was beautifully but plainly dressed, and never looked more attractive. The audience was perfectly quiet for a moment, while she was being seated, when its tongue again became active and a subdued buzz arose from it.

Itlza was given a seat near her husband, while the tzin occupied one only a short distance off. When she sat down, her hand quickly found its way into Cacami's, the clasp of which seemed to give her courage.

The officer, whose duty it was to observe order, commanded silence, and the chief justice proceeded to say:

"The keeper of records will read the charge under which the prisoner at the bar is held accused."

Again the nasalated tw.a.n.g of the recorder's voice was heard to wring out quite distinctly, as he read:

"It is charged that Cacami, a warrior and subject of the realm, contrary to, and in defiance of, a most sacred law of the same, did hurt and injure the feelings, and spoil the affections of Hualcoyotl, the king, by engaging and marrying with Itlza, a daughter of Euzelmozin, who was the chosen of Hualcoyotl to be his queen; to which charge Cacami shall give satisfactory answer, or stand convicted, and shall, if it be so decided, suffer the penalty therefor, which is death."

"What has the prisoner, Cacami, to say in answer to the charge under which he stands committed?" asked the judge of the accused.

Cacami rose in his place, and calmly replied:

"I will abide the decision of the court. Let the trial proceed."

We are informed by traditional history that the profession and practice of law was not extant among the Anahuacans. No counsel was, therefore, at hand to be employed in the defense of a prisoner or litigant. The parties involved in the trial stated their own case, and won or lost, according to the weight of the evidence furnished through their witnesses. In criminal cases the procedure was necessarily different, charges being preferred and published in open court, which the accused was compelled to refute or stand convicted.

The laws regulating testimony were most liberal. The accused was ent.i.tled to give evidence, and, if he so desired, address the court in his own behalf, and the force of what he said was not impaired by the fact that he was on trial.

After a few preliminary matters were attended to, the judge again addressed the accused:

"Cacami, the prisoner, will rise and answer."

Cacami stood up, and the judge continued:

"How long have you been acquainted with Itlza, the daughter of Euzelmozin?"

"I met her first, and made her acquaintance, about the time of Hualcoyotl's escape to the mountains."

"When did the desire to possess the maiden first enter your heart?"

continued the judge.

"My heart went out to Itlza the first time I saw her, and I resolved to win her if I could."

"Did Itlza encourage you in this?"

"She certainly did."

"In what manner?"

"By teaching me to love her."

"When did Itlza become your affianced?"

"Only a few days before we were married."

"And when were you married?"

"Just before our army moved against Azcapozalco."

"Was there no understanding between you previous to the time of your betrothal that you were to wed?"

"There was not, except in the fact that we were acknowledged lovers, intending, in due time, to become affianced."

"About what time did you become acknowledged lovers?"

"A short time previous to the tourney at Tlacopan."

"The love was mutual?"

"I believe it was."

"And you said nothing about it to anyone?"

"I did not, and do not think she did."

"You should have informed the mother and brother of your attachment, if only in justice to them. Just here was your first mistake." Continuing, the judge inquired:

"Did you know at the time of your marriage that Itlza had been chosen by Hualcoyotl to be his queen?"

"I did."

"Were you aware of the consequences of such a step, under the circ.u.mstances?"

"I was."

"And took the step in the face of such knowledge?" questioned the judge in a severe stress of voice.

"Even so," answered Cacami, undaunted by the sternness of the judge; "rather than see her whom I love the wife of another, though that other was the king."