For Montresor to be arrested and brought to trial for murdering Fortunato, there would have to be some evidence to link him to the crime. His confession would, therefore, have had to come to light, perhaps from someone overhearing it and bringing to news to Fortunato's elderly widow, who would then press charges.
The prosecuting attorney in his closing arguments would point out the confession must be true, because the police did discover a skeleton chained and walled up in the catacombs. Tests would show the chain was of relatively recent manufacture, consistent with the technology of fifty years past, and that the brick wall was also from the same period. He would also point out that Fortunato had disappeared fifty years ago, and his body had never been found. This skeleton is the same height as Fortunato and is wearing the remnants of the jingling jester's cap in which Fortunato was last seen. Given the weight of evidence, the prosecution would urge the jury to find Montresor guilty.
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