Men suffering from fear are not likely to be too scrupulous as to the means of removing the cause of it. Murmurs, mingled with gloomy menaces, were now heard against the Inca, the author of these machinations. Many began to demand his life as necessary to the safety of the army. Among these, the most vehement were Almagro and his followers. They had not witnessed the seizure of Atahuallpa. They had no sympathy with him in his fallen state. They regarded him only as an incumbrance, and their desire now was to push their fortunes in the country, since they had got so little of the gold of Caxamalca. They were supported by Riquelme, the treasurer, and by the rest of the royal officers. These men had been left at San Miguel by Pizarro, who did not care to have such official spies on his movements. But they had come to the camp with Almagro, and they loudly demanded the Inca's death, as indispensable to the tranquillity of the country, and the interests of the Crown.22To these dark suggestions Pizarro turned--or seemed to turn--an unwilling ear, showing visible reluctance to proceed to extreme measures with his prisoner.23 There were some few, and among others Hernando de Soto, who supported him in these views, and who regarded such measures as not at all justified by the evidence of Atahuallpa's guilt. In this state of things, the Spanish commander determined to send a small detachment to Guamachucho, to reconnoitre the country and ascertain what ground there was for the rumors of an insurrection. De Soto was placed at the head of the expedition, which, as the distance was not great, would occupy but a few days.

After that cavalier's departure, the agitation among the soldiers, instead of diminishing, increased to such a degree, that Pizarro, unable to resist their importunities, consented to bring Atahuallpa to instant trial. It was but decent, and certainly safer, to have the forms of a trial. A court was organized, over which the two captains, Pizarro and Almagro were to preside as judges. An attorney-general was named to prosecute for the Crown, and counsel was assigned to the prisoner.