Without the nightingale, yes.
And as Diamond was coming in already, we seem to not have that little bird anymore...
S/he could have saved the game, though... saving the other one (50-50 chance). And then the duck to the gallows tomorrow.
But as I said. This was a lots of fun - although I consider this last one as part foolishness - and part cunningness of the duck.
EDIT: Surely it is Diamond's decision, when the game ends.