Roman life in the days of Cicero Part 2

His secretary happened one day to receive a letter which bore a noteworthy impression on the composition of chalk which the Greeks used for sealing. It attracted the attention of Verres, who inquired from what place it had come. Hearing that it had been sent from Agrigentum, he communicated to his agents in that town his desire that the seal-ring should be at once secured for him. And this was done. The unlucky possessor, another Roman citizen, by the way, had his ring actually drawn from his finger.

A still more audacious proceeding was to rob, not this time a mere Sicilian provincial or a simple Roman citizen, but one of the tributary kings, the heir of the great house of Antiochus, which not many years before had matched itself with the power of Rome. Two of the young princes had visited Rome, intending to prosecute their claims to the throne of Egypt, which, they contended, had come to them through their mother. The times were not favorable to the suit, and they returned to their country, one of them, Antiochus, probably the elder, choosing to take Sicily on his way. He naturally visited Syracuse, where Verres was residing, and Verres at once recognized a golden opportunity. The first thing was to send the visitor a handsome supply of wine, olive-oil, and wheat. The next was to invite him to dinner. The dining-room and table were richly furnished, the silver plate being particularly splendid.

Antiochus was highly delighted with the entertainment, and lost no time in returning the compliment. The dinner to which he invited the governor was set out with a splendor to which Verres had nothing to compare.

There was silver plate in abundance, and there were also cups of gold, these last adorned with magnificent gems.

Conspicuous among the ornaments of the table was a drinking vessel, all in one piece, probably of amethyst, and with a handle of gold. Verres expressed himself delighted with what he saw. He handled every vessel and was loud in its praises. The simple-minded King, on the other hand, heard the compliment with pride. Next day came a message. Would the King lend some of the more beautiful cups to his excellency? He wished to show them to his own artists. A special request was made for the amethyst cup. All was sent without a suspicion of danger.

But the King had still in his possession something that especially excited the Roman's cupidity. This was a candelabrum of gold richly adorned with jewels. It had been intended for an offering to the tutelary deity of Rome, Jupiter of the Capitol. But the temple, which had been burned to the ground in the civil wars, had not yet been rebuilt, and the princes, anxious that their gift should not be seen before it was publicly presented, resolved to carry it back with them to Syria. Verres, however, had got, no one knew how, some inkling of the matter, and he begged Antiochus to let him have a sight of it. The young prince, who, so far from being suspicious, was hardly sufficiently cautious, had it carefully wrapped up, and sent it to the governor's palace. When he had minutely inspected it, the messengers prepared to carry it back. Verres, however, had not seen enough of it. It clearly deserved more than one examination. Would they leave it with him for a time? They left it, suspecting nothing.

Antiochus, on his part, had no apprehensions. When some days had pa.s.sed and the candelabrum was not returned, he sent to ask for it. The governor begged the messenger to come again the next day. It seemed a strange request; still the man came again and was again unsuccessful.

The King himself then waited on the governor and begged him to return it. Verres hinted, or rather said plainly, that he should very much like it as a present. "This is impossible," replied the prince, "the honor due to Jupiter and public opinion forbid it. All the world knows that the offering is to be made, and I cannot go back from my word." Verres perceived that soft words would be useless, and took at once another line. The King, he said, must leave Sicily before nightfall. The public safety demanded it. He had heard of a piratical expedition which was on its way from Syria to the province, and that his departure was necessary. Antiochus had no choice but to obey; but before he went he publicly protested in the market-place of Syracuse against the wrong that had been done. His other valuables, the gold and the jewels, he did not so much regret; but it was monstrous that he should be robbed of the gift that he destined for the altar of the tutelary G.o.d of Rome.

The Sicilian cities were not better able to protect their possessions than were private individuals. Segesta was a town that had early ranged itself on the side of the Romans, with whom its people had a legendary relations.h.i.+p. (The story was that Aeneas on his way to Italy had left there some of his followers, who were unwilling any longer to endure the hards.h.i.+ps of the journey.) In early days it had been destroyed by the Carthaginians, who had carried off all its most valuable possessions, the most precious being a statue of Diana, a work of great beauty and invested with a peculiar sacredness. When Carthage fell, Scipio its conqueror restored the spoils which had been carried off from the cities of Sicily. Among other things Agrigentum had recovered its famous bull of bra.s.s, in which the tyrant Phalaris had burned, it was said, his victims. Segesta was no less fortunate than its neighbors, and got back its Diana. It was set on a pedestal on which was inscribed the name of Scipio, and became one of the most notable sights of the island. It was of a colossal size, but the sculptor had contrived to preserve the semblance of maidenly grace and modesty. Verres saw and coveted it. He demanded it of the authorities of the town and was met with a refusal.

It was easy for the governor to make them suffer for their obstinacy.

All their imposts were doubled and more than doubled. Heavy requisitions for men and money and corn were made upon them. A still more hateful burden, that of attending the court and progresses of the governor was imposed on their princ.i.p.al citizens. This was a contest which they could not hope to wage with success. Segesta resolved that the statue should be given up. It was accordingly carried away from the town, all the women of the town, married and unmarried, following it on its journey, showering perfumes and flowers upon it, and burning incense before it, till it had pa.s.sed beyond the borders of their territory.

If Segesta had its Diana, Tyndaris had its Mercury; and this also Verres was resolved to add to his collection. He issued his orders to Sopater, chief magistrate of the place, that the statue was to betaken to Messana. (Messana being conveniently near to Italy was the place in which he stored his plunder.) Sopater refusing was threatened with the heaviest penalties if it was not done without delay, and judged it best to bring the matter before the local senate. The proposition was received with shouts of disapproval. Verres paid a second visit to the town and at once inquired what had been done about the statue. He was told that it was impossible. The senate had decreed the penalty of death against any one that touched it. Apart from that, it would be an act of the grossest impiety. "Impiety?" he burst out upon the unlucky magistrates; "penalty of death! senate! what senate? As for you, Sopater, you shall not escape. Give me up the statue or you shall be flogged to death." Sopater again referred the matter to his townsmen and implored them with tears to give way. The meeting separated in great tumult without giving him any answer. Summoned again to the governor's presence, he repeated that nothing could be done. But Verres had still resources in store. He ordered the lictors to strip the man, the chief magistrate, be it remembered, of an important town, and to set him, naked as he was, astride on one of the equestrian statues that adorned the market-place. It was winter; the weather was bitterly cold, with heavy rain. The pain caused by the naked limbs being thus brought into close contact with the bronze of the statue was intense. So frightful was his suffering that his fellow-townsmen could not bear to see it.

They turned with loud cries upon the senate and compelled them to vote that the coveted statue should be given up to the governor. So Verres got his Mercury.

We have a curious picture of the man as he made his progresses from town to town in his search for treasures of art. "As soon as it was spring--and he knew that it was spring not from the rising of any constellation or the blowing of any wind, but simply because he saw the roses--then indeed he bestirred himself. So enduring, so untiring was he that no one ever saw him upon horseback. No--he was carried in a litter with eight bearers. His cus.h.i.+on was of the finest linen of Malta, and it was stuffed with roses. There was one wreath of roses upon his head, and another round his neck, made of the finest thread, of the smallest mesh, and this, too, was full of roses. He was carried in this litter straight to his chamber; and there he gave his audiences."

When spring had pa.s.sed into summer even such exertions were too much for him. He could not even endure to remain in his official residence, the old palace of the kings of Syracuse. A number of tents were pitched for him at the entrance of the harbor to catch the cool breezes from the sea. There he spent his days and nights, surrounded by troops of the vilest companions, and let the province take care of itself.

Such a governor was not likely to keep his province free from the pirates who, issuing from their fastnesses on the Cilician coast and elsewhere, kept the seaboard cities of the Mediterranean in constant terror. One success, and one only, he seems to have gained over them.

His fleet was lucky enough to come upon a pirate s.h.i.+p, which was so overladen with spoil that it could neither escape nor defend itself.

News was at once carried to Verres, who roused himself from his feasting to issue strict orders that no one was to meddle with the prize. It was towed into Syracuse, and he hastened to examine his booty. The general feeling was one of delight that a crew of merciless villains had been captured and were about to pay the penalty of their crimes. Verres had far more practical views. Justice might deal as she pleased with the old and useless; the young and able bodied, and all who happened to be handicraftsmen, were too valuable to be given up. His secretaries, his retinue, his son had their share of the prize; six, who happened to be singers, were sent as a present to a friend at Rome. As to the pirate captain himself, no one knew what had become of him. It was a favorite amus.e.m.e.nt in Sicily to watch the sufferings of a pirate, if the government had had the luck but to catch one, while he was being slowly tortured to death. The people of Syracuse, to whom the pirate captain was only too well known, watched eagerly for the day when he was to be brought out to suffer. They kept an account of those who were brought out to execution, and reckoned them against the number of the crew, which it had been easy to conjecture from the size of the s.h.i.+p. Verres had to correct the deficiency as best he could. He had the audacity to fill the places of the prisoners whom he had sold or given away with Roman citizens, whom on various false pretenses he had thrown into prison. The pirate captain himself was suffered to escape on the payment, it was believed, of a very large sum of money.

But Verres had not yet done with the pirates. It was necessary that some show, at least, of coping with them should be made. There was a fleet, and the fleet must put to sea. A citizen of Syracuse, who had no sort of qualification for the task, but whom Verres was anxious to get out of the way, was appointed to the command. The governor paid it the unwonted attention of coming out of his tent to see it pa.s.s. His very dress, as he stood upon the sh.o.r.e, was a scandal to all beholders. His sandals, his purple cloak, his tunic, or under-garment, reaching to his ankles, were thought wholly unsuitable to the dignity of a Roman magistrate. The fleet, as might be expected, was scandalously ill equipped. Its men for the most part existed, as the phrase is, only "on paper." There was the proper complement of names, but of names only. The praetor drew from the treasury the pay for these imaginary soldiers and marines, and diverted it into his own pocket. And the s.h.i.+ps were as ill provisioned as they were ill manned. After they had been something less than five days at sea they put into the harbor of Pachynus. The crews were driven to satisfy their hunger on the roots of the dwarf palm, which grew, and indeed still grows, in abundance on that spot. Cleomenes meanwhile was following the example of his patron. He had his tent pitched on the sh.o.r.e, and sat in it drinking from morning to night. While he was thus employed tidings were brought that the pirate fleet was approaching. He was ill prepared for an engagement. His hope had been to complete the manning of his s.h.i.+ps from the garrison of the fort. But Verres had dealt with the fort as he had dealt with the fleet. The soldiers were as imaginary as the sailors. Still a man of courage would have fought. His own s.h.i.+p was fairly well manned, and was of a commanding size, quite able to overpower the light vessels of the pirates; and such a crew as there was was eager to fight. But Cleomenes was as cowardly as he was incompetent. He ordered the mast of his s.h.i.+p to be hoisted, the sails to be set, and the cable cut, and made off with all speed. The rest of his fleet could do nothing but follow his example. The pirates gave chase, and captured two of the s.h.i.+ps as they fled. Cleomenes reached the port of Helorus, stranded his s.h.i.+p, and left it to its fate. His colleagues did the same. The pirate chief found them thus deserted and burned them.

He had then the audacity to sail into the inner harbor of Syracuse, a place into which, we are told, only one hostile fleet, the ill-fated Athenian expedition, three centuries and a half before, had ever penetrated. The rage of the inhabitants at this spectacle exceeded all bounds, and Verres felt that a victim must be sacrificed. He was, of course, himself the chief culprit. Next in guilt to him was Cleomenes.

But Cleomenes was spared for the same scandalous reason which had caused his appointment to the command. The other captains, who might indeed have shown more courage, but who were comparatively blameless, were ordered to execution. It seemed all the more necessary to remove them because they could have given inconvenient testimony as to the inefficient condition of the s.h.i.+ps.

The cruelty of Verres was indeed as conspicuous as his avarice. Of this, as of his other vices, it would not suit the purpose of this book to speak in detail. One conspicuous example will suffice. A certain Gavius had given offense, how we know not, and had been confined in the disused stone quarries which served for the public prison of Syracuse.

From these he contrived to escape, and made his way to Messana.

Unluckily for himself, he did not know that Messana was the one place in Sicily where it would not be safe to speak against the governor. Just as he was about to embark for Italy he was heard to complain of the treatment which he had received, and was arrested and brought before the chief magistrate of the town. Verres happened to come to the town the same day, and heard what had happened. He ordered the man to be stripped and flogged in the market-place. Gavius pleaded that he was a Roman citizen and offered proof of his claim. Verres refused to listen, and enraged by the repet.i.tion of the plea, actually ordered the man to be crucified. "And set up," he said to his lictors, "set up the cross by the straits. He is a Roman citizen, he says, and he will at least be able to have a view of his native country." We know from the history of St. Paul what a genuine privilege and protection this citizens.h.i.+p was.

And Cicero exactly expresses the feeling on the subject in his famous words. "It is a crime to put a Roman citizen in irons; it is positive wickedness to inflict stripes upon him; it is close upon parricide to put him to death; as to crucifying him there is no word for it." And on this crowning act of audacity Verres had the recklessness to venture.

After holding office for three years Verres came back to Rome. The people of Messana, his only friends in the islands, had built a merchantman for him, and he loaded it with his spoils. He came back with a light heart. He knew indeed that the Sicilians would impeach him. His wrong-doings had been too gross, too insolent, for him to escape altogether. But he was confident that he had the means in his hands for securing an acquittal. The men that were to judge him were men of his own order. The senators still retained the privilege which Sulla had given them. They, and they alone, furnished the juries before whom such causes were tried. Of these senators not a few had a fellow-feeling for a provincial governor accused of extortion and wrong. Some had plundered provinces in the past; others hoped to do so in the future.

Many insignificant men who could not hope to obtain such promotion were notoriously open to bribes. And some who would have scorned to receive money, or were too wealthy to be influenced by it, were not insensible to the charms of other gifts--to a fine statue or a splendid picture judiciously bestowed. A few, even more scrupulous, who would not accept such presents for their own halls or gardens, were glad to have such splendid ornaments for the games which they exhibited to the people.

Verres came back amply provided with these means of securing his safety.

He openly avowed--for indeed he was as frank as he was unscrupulous--that he had trebled his extortions in order that, after leaving a sufficiency for himself, he might have wherewith to win the favor of his judges. It soon became evident to him that he would need these and all other help, if he was to escape. The Sicilians engaged Cicero to plead their cause.

He had been quaestor in a division of the province for a year six years before, and had won golden opinions by his moderation and integrity. And Cicero was a power in the courts of the law, all the greater because he had never yet prosecuted, but had kept himself to what was held the more honorable task of defending persons accused.[2] Verres secured Hortensius.

He too was a great orator; Cicero had chosen him as the model which he would imitate, and speaks of him as having been a splendid and energetic speaker, full of life both in diction and action. At that time, perhaps, his reputation stood higher than that of Cicero himself. It was something to have retained so powerful an advocate; it would be still more if it could be contrived that the prosecutor should be a less formidable person.

And there was a chance of contriving this. A certain Caecilius was induced to come forward, and claim for himself, against Cicero, the duty of prosecuting the late governor of Sicily. He too had been a quaestor in the province, and he had quarreled, or he pretended that he had quarreled, with Verres. The first thing there had to be argued before the court, which, like our own, consisted of a presiding judge and a jury, was the question, who was to prosecute, Cicero or Caecilius, or the two together. Cicero made a great speech, in which he established his own claim. He was the choice of the provincials; the honesty of his rival was doubtful, while it was quite certain that he was incompetent. The court decided in his favor, and he was allowed one hundred and ten days to collect evidence. Verres had another device in store. This time a member of the Senate came forward and claimed to prosecute Verres for misdoings in the province of Achaia in Greece. He wanted one hundred and eight days only for collecting evidence. If this claim should be allowed, the second prosecution would be taken first; of course it was not intended to be serious, and would end in an acquittal. Meanwhile all the available time would have been spent, and the Sicilian affair would have to be postponed till the next year. It was on postponement indeed that Verres rested his hopes. In July Hortensius was elected consul for the following year, and if the trial could only be put off till he had entered upon office, nothing was to be feared. Verres was openly congratulated in the streets of Rome on his good fortune. "I have good news for you," cried a friend; "the election has taken place and you are acquitted." Another friend had been chosen praetor, and would be the new presiding judge. Consul and praetor between them would have the appointment of the new jurors, and would take care that they should be such as the accused desired. At the same time the new governor of Sicily would be also a friend, and he would throw judicious obstacles in the way of the attendance of witnesses. The sham prosecution came to nothing. The prosecutor never left Italy. Cicero, on the other hand, employed the greatest diligence. Accompanied by his cousin Lucius he visited all the chief cities of Sicily, and collected from them an enormous ma.s.s of evidence. In this work he only spent fifty out of the hundred and ten days allotted to him, and was ready to begin long before he was expected.

[Footnote 2: So Horace compliments a friend on being "the ill.u.s.trious safeguard of the sad accused."]

Verres had still one hope left; and this, strangely enough, sprang out of the very number and enormity of his crimes. The ma.s.s of evidence was so great that the trial might be expected to last for a long time. If it could only be protracted into the next year, when his friends would be in office, he might still hope to escape. And indeed there was but little time left. The trial began on the fifth of August. In the middle of the month Pompey was to exhibit some games. Then would come the games called "The Games of Rome," and after this others again, filling up much of the three months of September, October, and November. Cicero antic.i.p.ated this difficulty. He made a short speech (it could not have lasted more than two hours in delivering), in which he stated the case in outline. He made a strong appeal to the jury. They were themselves on their trial. The eyes of all the world were on them. If they did not do justice on so notorious a criminal they would never be trusted any more.

It would be seen that the senators were not fit to administer the law.

The law itself was on its trial. The provincials openly declared that if Verres was acquitted, the law under which their governors were liable to be accused had better be repealed. If no fear of a prosecution were hanging over them, they would be content with as much plunder as would satisfy their own wants. They would not need to extort as much more wherewith to bribe their judges. Then he called his witnesses. A marvelous array they were. "From the foot of Mount Taurus, from the sh.o.r.es of the Black Sea, from many cities of the Grecian mainland, from many islands of the Aegean, from every city and market-town of Sicily, deputations thronged to Rome. In the porticoes, and on the steps of the temples, in the area of the Forum, in the colonnade that surrounded it, on the housetops and on the overlooking declivities, were stationed dense and eager crowds of impoverished heirs and their guardians, bankrupt tax-farmers and corn merchants, fathers bewailing their children carried off to the praetor's harem, children mourning for their parents dead in the praetor's dungeons, Greek n.o.bles whose descent was traced to Cecrops or Eurysthenes, or to the great Ionian and Minyan houses, and Phoenicians, whose ancestors had been priests of the Tyrian Melcarth, or claimed kindred with the Zidonian Jah."[3] Nine days were spent in hearing this ma.s.s of evidence. Hortensius was utterly overpowered by it. He had no opportunity for displaying his eloquence, or making a pathetic appeal for a n.o.ble oppressed by the hatred of the democracy. After a few feeble attempts at cross-examination, he practically abandoned the case. The defendant himself perceived that his position was hopeless. Before the nine days, with their terrible impeachment, had come to an end he fled from Rome.

[Footnote 3: Article in "Dictionary of Cla.s.sical Biography and Mythology," by William Bodham Donne.]

The jury returned an unanimous verdict of guilty, and the prisoner was condemned to banishment and to pay a fine. The place of banishment (which he was apparently allowed to select outside certain limits) was Ma.r.s.eilles. The amount of the fine we do not know. It certainly was not enough to impoverish him.

Much of the money, and many of the works of art which he had stolen were left to him. These latter, by a singularly just retribution, proved his ruin in the end. After the death of Cicero, Antony permitted the exiles to return. Verres came with them, bringing back his treasures of art, and was put to death because they excited the cupidity of the masters of Rome.

CHAPTER V.

A GREAT ROMAN CAUSE.

There were various courts at Rome for persons accused of various crimes. One judge, for instance, used to try charges of poisoning; another, charges of murder; and, just as is the case among us, each judge had a jury, who gave their verdict on the evidence which they had heard. But this verdict was not, as with us, the verdict of the whole jury, given only if all can be induced to agree, but of the majority.

Each juryman wrote his opinion on a little tablet of wood, putting A.

(_absolvo_, "I acquit") if he thought the accused innocent, K.

(_condemno_, "I condemn") if he thought him guilty, and N.L. (_non liquet_, "It is not clear") if the case seemed suspicious, though there was not enough evidence to convict.

In the year 66 B.C. a very strange trial took place in the Court of Poison Cases. A certain Cluentius was accused of having poisoned his step-father, Oppianicus, and various other persons. Cicero, who was praetor that year (the praetor was the magistrate next in rank to the consul), defended Cluentius, and told his client's whole story.

Cluentius and his step-father were both natives of Larinum, a town in Apulia, where there was a famous temple of Mars. A dispute about the property of this temple caused an open quarrel between the two men, who had indeed been enemies for some years. Oppianicus took up the case of some slaves, who were called _Servants of Mars_, declaring that they were not slaves at all, but Roman citizens. This he did, it would seem, because he desired to annoy his fellow-townsmen, with whom he was very unpopular. The people of Larinum, who were very much interested in all that concerned the splendor of their temple services, resisted the claim, and asked Cluentius to plead their case. Cluentius consented.

While the cause was going on, it occurred to Oppianicus to get rid of his opponent by poison. He employed an agent, and the agent put the matter into the hands of his freedman, a certain Scamander. Scamander tried to accomplish his object by bribing the slave of the physician who was attending Cluentius. The physician was a needy Greek, and his slave had probably hard and scanty fare; but he was an honest man, and as clever as he was honest. He pretended to accept the offer, and arranged for a meeting. This done, he told the whole matter to his master the physician, and the physician told it again to his patient. Cluentius arranged that certain friends should be present in concealment at the interview between the slave and his tempter. The villain came, and was seized with the poison and a packet of money, sealed with his master's seal, upon him.

Cluentius, who had put up with many provocations from his mother's husband, now felt that his life was in danger, and determined to defend himself. He indicted Scamander for an attempt to poison. The man was found guilty. Scamander's patron (as they used to call a freedman's old master) was next brought to trial, and with the same result. Last of all Oppianicus, the chief criminal, was attacked. Scamander's trial had warned him of his danger, and he had labored to bring about the man's acquittal. One vote, and one only, he had contrived to secure. And to the giver of this vote, a needy and unprincipled member of the Senate, he now had recourse. He went, of course, with a large sum in his hand--something about five thousand six hundred pounds of our money.

With this the senator--Staienus by name--was to bribe sixteen out of the thirty-two jurymen. They were to have three hundred and fifty pounds apiece for their votes, and Staienus was to have as much for his own vote (which would give a majority), and something over for his trouble.

Staienus conceived the happy idea of appropriating the whole, and he managed it in this way. He accosted a fellow-juror, whom he knew to be as unprincipled as himself. "Bulbus," he said, "you will help me in taking care that we sha'n't serve our country for nothing." "You may count on me," said the man. Staienus went on, "The defendant has promised three hundred and fifty pounds to every juror who will vote 'Not Guilty.' You know who will take the money. Secure them, and come again to me." Nine days after, Bulbus came with beaming face to Staienus. "I have got the sixteen in the matter you know of; and now, where is the money?" "He has played me false," replied the other; "the money is not forthcoming. As for myself, I shall certainly vote 'Guilty.'"

The trial came to an end, and the verdict was to be given. The defendant claimed that it should be given by word of mouth, being anxious to know who had earned their money. Staienus and Bulbus were the first to vote.

To the surprise of all, they voted "Guilty." Rumors too of foul play had spread about. The two circ.u.mstances caused some of the more respectable jurors to hesitate. In the end _five_ voted for acquittal, _ten_ said "Not Proven," and seventeen "Guilty." Oppianicus suffered nothing worse than banishment, a banishment which did not prevent him from living in Italy, and even in the neighborhood of Rome. The Romans, though they shed blood like water in their civil strife, were singularly lenient in their punishments. Not long afterwards he died.

His widow saw in his death an opportunity of gratifying the unnatural hatred which she had long felt for her son Cluentius. She would accuse him of poisoning his step-father. Her first attempt failed completely.

She subjected three slaves to torture, one of them her own, another belonged to the younger Oppianicus, a third the property of the physician who had attended the deceased in his last illness. But the cruelties and tortures extorted no confession from the men. At last the friends whom she had summoned to be present at the inquiry compelled her to desist. Three years afterwards she renewed the attempt. She had taken one of the three tortured slaves into high favor, and had established him as a physician at Larinum. The man committed an audacious robbery in his mistress's house, breaking open a chest and abstracting from it a quant.i.ty of silver coin and five pounds weight of gold. At the same time he murdered two of his fellow-slaves, and threw their bodies into the fish-pond. Suspicion fell upon the missing slaves. But when the chest came to be closely examined, the opening was found to be of a very curious kind. A friend remembered that he had lately seen among the miscellaneous articles at an auction a circular saw which would have made just such an opening. It was found that this saw had been bought by the physician. He was now charged with the crime. Thereupon a young lad who had been his accomplice came forward and told the story. The bodies were found in the fish-pond. The guilty slave was tortured. He confessed the deed, and he also confessed, his mistress declared, that he had given poison to Oppianicus at the instance of Cluentius. No opportunity was given for further inquiry. His confession made, the man was immediately executed. Under strong compulsion from his step-mother, the younger Oppianicus now took up the case, and indicted Cluentius for murder. The evidence was very weak, little or nothing beyond the very doubtful confession spoken of above; but then there was a very violent prejudice against the accused. There had been a suspicion--perhaps more than a suspicion--of foul play in the trial which had ended in the condemnation of Oppianicus. The defendant, men said, might have attempted to bribe the jury, but the plaintiff had certainly done so. It would be a fine thing if he were to be punished even by finding him guilty of a crime which he had not committed.

In defending his client, Cicero relied as much upon the terrible list of crimes which had been proved against the dead Oppianicus as upon any thing else. Terrible indeed it was, as a few specimens from the catalogue will prove.

Among the wealthier inhabitants of Larinum was a certain Dinaea, a childless widow. She had lost her eldest son in the Social War (the war carried on between Rome and her Italian allies), and had seen two others die of disease. Her only daughter, who had been married to Oppianicus, was also dead. Now came the unexpected news that her eldest son was still alive. He had been sold into slavery, and was still working among a gang of laborers on a farm in Gaul. The poor woman called her kinsfolk together and implored them to undertake the task of recovering him. At the same time she made a will, leaving the bulk of her property to her daughter's son, the younger Oppianicus, but providing for the missing man a legacy of between three and four thousand pounds. The elder Oppianicus was not disposed to see so large a sum go out of the family.

Dinaea fell ill, and he brought her his own physician. The patient refused the man's services; they had been fatal, she said, to all her kinsfolk. Oppianicus then contrived to introduce to her a traveling quack from Ancona. He had bribed the man with about seventeen pounds of our money to administer a deadly drug. The fee was large, and the fellow was expected to take some pains with the business; but he was in a hurry; he had many markets to visit; and he gave a single dose which there was no need to repeat.

Meanwhile Dinaea's kinsfolk had sent two agents to make inquiries for the missing son. But Oppianicus had been beforehand with them. He had bribed the man who had brought the first news, had learned where he was to be found, and had caused him to be a.s.sa.s.sinated. The agents wrote to their employers at Larinum, saying that the object of their search could not be found, Oppianicus having undoubtedly tampered with the person from whom information was to be obtained. This letter excited great indignation at Larinum; and one of the family publicly declared in the market-place that he should hold Oppianicus (who happened to be present) responsible if any harm should be found to have happened to the missing man. A few days afterwards the agents themselves returned. They had found the man, but he was dead. Oppianicus dared not face the burst of rage which this news excited, and fled from Larinum. But he was not at the end of his resources. The Civil War between Sulla and the party of Marius (for Marius himself was now dead) was raging, and Oppianicus fled to the camp of Metellus Pius, one of Sulla's lieutenants. There he represented himself as one who had suffered for the party. Metellus had himself fought in the Social War, and fought against the side to which the murdered prisoner belonged. It was therefore easy to persuade him that the man had deserved his fate, and that his friends were unworthy persons and dangerous to the commonwealth. Oppianicus returned to Larinum with an armed force, deposed the magistrates whom the towns-people had chosen, produced Sulla's mandate for the appointment of himself and three of his creatures in their stead, as well as for the execution of four persons particularly obnoxious to him. These four were, the man who had publicly threatened him, two of his kinsfolk, and one of the instruments of his own villainies, whom he now found it convenient to get out of the way.

The story of the crimes of Oppianicus, of which only a small part has been given, having been finished, Cicero related the true circ.u.mstances of his death. After his banishment he had wandered about for a while shunned by all his acquaintances. Then he had taken up his quarters in a farmhouse in the Falernian country. From these he was driven away by a quarrel with the farmer, and removed to a small lodging which he had hired outside the walls of Rome. Not long afterwards he fell from his horse, and received a severe injury in his side. His health was already weak, fever came on, he was carried into the city and died after a few days' illness.

Besides the charge of poisoning Oppianicus there were others that had to be briefly dealt with. One only of these needs to be mentioned.

Cluentius, it was said, had put poison into a cup of honey wine, with the intention of giving it to the younger Oppianicus. The occasion, it was allowed, was the young man's wedding-breakfast, to which, as was the custom at Larinum, a large company had been invited. The prosecutor affirmed that one of the bridegroom's friends had intercepted the cup on its way, drunk off its contents, and instantly expired. The answer to this was complete. The young man had not instantly expired. On the contrary, he had died after an illness of several days, and this illness had had a different cause. He was already out of health when he came to the breakfast, and he had made himself worse by eating and drinking too freely, "as," says the orator, "young men will do." He then called a witness to whom no one could object, the father of the deceased. "The least suspicion of the guilt of Cluentius would have brought him as a witness against him. Instead of doing this he gives him his support.

Read," said Cicero to the clerk, "read his evidence. And you, sir,"

turning to the father, "stand up a while, if you please, and submit to the pain of hearing what I am obliged to relate. I will say no more about the case. Your conduct has been admirable; you would not allow your own sorrow to involve an innocent man in the deplorable calamity of a false accusation."