A copy was at once sent to Almagro, who was then returning from Chile, his captains being much disappointed with the region they had visited in the northern part of that country. They thought that the provinces of Cuzco would offer much better chances of enriching themselves, so they at once declared, and induced Almagro to declare, that Cuzco was within the boundary of New Toledo. No positions had been fixed, no line measured, no observations taken; but Almagro and his needy followers wanted Cuzco--therefore it was in New Toledo. They even claimed Lima also. The point is not what Almagro thought; for the decision was not entrusted to him, but to the royal arbitrator. In point of fact, Cuzco was well within the boundary of Pizarro's province of New Castille. Long afterwards the Governor Vaca de Castro caused careful observations to be taken, and Cuzco was found to be fifteen leagues north of the boundary.[5] Hernando Pizarro and his brother Gonzalo, having lost their brother Juan in the siege, were resting after a long, toilsome, and hazardous defence of Cuzco. Hernando was in a perfectly legal position as the Marquis Pizarro's deputy at Cuzco until the boundary should be settled by the arbitrator. Suddenly the army of Almagro appeared before the city of Cuzco, claiming it as part of the province of New Toledo. Hernando Pizarro, terribly outnumbered, prepared to defend it. A truce was agreed upon, and Hernando for the first time for many days took off his armour and went to bed. His brother Gonzalo and a handful of attendants were in the house with him. Almagro perjured himself, broke into Cuzco in the dead of night, and attacked the Pizarros in their house.[6] They made a heroic defence, which is well described by Cieza de León.[7] Finally they were seized and thrown into prison; while Orgóñez, Almagro's chief captain, incessantly urged him to behead them. By this time Alvarado was nearing Cuzco with succour for Hernando Pizarro. Almagro attacked and routed him, throwing him into prison, and threatening him with death. It can hardly be contended that Almagro was not guilty of perjury, and of numerous acts of illegality, tyranny, and treason.