Goyeneche, and he was kept for trial by the General, "not for having fought against our system, but for the murders, robberies, burnings, violences, extortions, and other excesses perpetrated by him in contravention of the laws of war." It was proved that he had executed fifty-four prisoners of war, whose heads and arms had been cut off and nailed to posts on the public roads. The accused alleged that he had only ordered the execution of thirty-three individuals, and that in obedience to express orders from Goyeneche, which he produced in evidence. The defence was ably conducted by an officer of the Grenadiers, who pleaded that the prisoner having acted only in obedience to the orders of his superior could not be looked upon as other than a prisoner of war. The Court pronounced sentence of death, which sentence was laid before San Martin on the 13th January, 1814, who at once signed it without consulting Government.
This trial gives an idea of the mode in which war was waged in Upper Peru. The cruelties of the Spaniards produced reprisals on the part of the insurgents, which so filled the land with bloodshed that "the inhabitants looked calmly upon these scenes; no one hesitated to risk his own life, and all sought to shed the blood of those of the other party." Such was the war into which Arenales now entered as leader of the fifth insurrection of Cochabamba.
The Royalist army being in possession of the central plateau the position of Arenales at Cochabamba was untenable, but the road by the Valle Grande was open to him; he could join Warnes at Santa Cruz de la Sierra, and communicate with the Argentine Provinces by the Chaco, and from Santa Cruz he could march over well-wooded plains to Chuquisaca.
On the 29th November he commenced his retreat with sixty musketeers, four small guns, a few cavalry, and a crowd of countrymen armed with clubs and slings, who covered his flanks and rear. In the valley of Misque he attempted to make a stand, but was forced across the
