“The jury will vote,” pronounced the archon. Then, leaning forward with his voice full of significance, he added “The city expects you all to fulfill your oaths.”
A box was set out in front of the dais. Each juror had been issued two bronze disks: one disk with a hole in the center, signifying a vote of guilty, and one without a hole. As each man filed up to deliver his token, he was obliged to conceal his choice by putting thumb and forefinger over the center of the disk.
The Scythian bailiffs were watching lest anyone try to influence the verdict by speaking, or by bandying his token uncovered. To defeat this, jurors over the years had hit on a simple convention: votes for conviction were dropped in the box with the left hand, ones for acquittal with the right. When this ploy became too well known, the magistrates decreed that tokens would always be handled with the right hand. The jurymen answered with a variation: if voting guilty, the center of the disk was covered with thumb and forefinger, if not guilty, with thumb and middle finger. So far the authorities had devised no response to this.
The first vote was on the charge that the defendant had violated his oath. The citizens came up by rows, with Swallow and Deuteros among the first. Swallow delivered his token by thumb and middle finger, as did his friend. As the box filled with votes, the sound each bronze made as it hit the bottom passed from a wooden thud to a bright clink. Aeschines sat with his back straight and his legs together, looking more anxious than at any point in the trial. Machon slouched, his ankles crossed ahead of him as he looked out the window.
The vote seemed to be closely divided. When the next to last row filed out, the rube who had brought livestock to the courtroom finally woke up. Rubbing his head, he turned to Polycleitus.
“Magistrate, I appear to have fallen asleep. Where is my lamb?”
The archon signaled to a bailiff, who shoved the man toward the tally box. Bewildered, the hayseed collected his tokens and went forward, though he couldn’t have heard a word of either presentation. Swallow watched when he dropped his disk: he used his thumb and all four fingers to handle the token, and so his vote was a mystery.
The last vote was cast. The clerk and his assistant emptied the box and began to count as another set of tokens was handed out to each juror. The voting began on the second charge, impiety, as the counting for the first proceeded. Swallow watched with curiosity as the clerk finished the tally, frowned, and decided they should count again. Because of this the jurymen sat for an unusually long time as their stomachs growled and the full moon dipped into view through the windows.
At last the clerk handed Polycleitus a clean tablet with the count for both charges. The archon looked to the clerk as if to assure himself of the numbers. The clerk tossed his head in the affirmative. Polycleitus faced Machon.
“The defendant will stand.”
XXIII.
Machon hauled himself to his feet. With the possible exception of the archon, he appeared to be the most dejected man in the room.
“Regarding the first charge, failure to fulfill his oath to the Assembly, the jury finds the defendant, Machon son of Agathon, not guilty. The votes are 251-249…”
The room erupted as the jurors turned on each other. Accusations were met with counter-accusations, hands raised in denial, fingers jabbed in every chest. Deuteros was almost pushed off his bench as a juror leapt to his feet behind him, screaming that the vote had been fixed. Another raised his arms toward heaven beseechingly, crying “May the gods protect us from the fury of the Macedonians!” Soon the bailiff’s truncheons were swinging, men were hitting the floor, and two citizens dueled with knives. It took some time before order was restored.
Swallow was silent throughout the riot. In fact, this was only the second most even tally he had seen in his time. Machon was acquitted by a margin of two. Five years earlier Swallow participated in a corruption trial that ended 251 to 250, with the tiebreaking vote for conviction cast by the archon.
“Whatever we do, we must talk to that shepherd!” he told Deuteros.
“On the matter of the second charge of impiety,” Polycleitus announced at last, “the jury finds the defendant not guilty. The votes are 309 to 191. Clerk, release the jurors.”
The five hundred poured out in the alley in front of the courthouse. The jurors were each clutching their jury-pay-seven newly-minted obols-in their hands. Despite the lateness of the hour, a number of vendors on the agora stayed open for business. A man went around selling fresh water from a spigotted skin on his back. Another hawked flatbread from an oily sack, while a handful of women of various ages haunted the half-shadows around the crowd, murmuring to whomever was nearby.
Some of the jurors went off right away to taverns specializing in the law court trade. The rest surrounded the bewildered Machon, pounding him on the shoulders, pumping his hand, begging to drink with him.
“Tell us, were those your own words?” someone asked.
“Did Demosthenes write the speech?”
“Demosthenes,” Machon replied, “would not have been so inept.”
“Has anybody seen Aeschines?”
“Gone through the back door, I’d think! With his reputation, after so many trials, to be so thoroughly beaten by an amateur…”
Searching the mob, Swallow caught sight of the shepherd. Someone had left his lamb tied to a stake outside the courthouse; the man had already spent some of his pay on water for the sick thing. Swallow poked the man with his walking stick as the lamb lapped the water from his cupped palms.
“Friend, tell us-did you hear anything of the case?”
“Can’t see it’s any business of yours, friend.”
Swallow tossed an obol on the ground. The other looked at the coin, gathered it under himself with his foot.
“In case you didn’t see, I was…out… the entire day.”
“So how did you vote?”
Silence. Swallow showed him another coin.
“Are you sure you want to pay him again?” asked Deuteros.
“There’s another case to be tried tomorrow…and the day after that. For now I must know his answer.”
The lamb having finished its drink, the shepherd dried his hands on his ragged tunic. “I would love to take your money,” he said, “but no one explained the rules to me. I can’t remember which token I dropped. I can’t remember at all.”
XXIV
After his acquittal, Machon was seen carousing with well-wishers. Such good business followed him that the tavern stayed open until dawn. The barkeep had a pretty daughter who poured out the jugs, and kept the roast eel and pork womb coming in a way that made everyone forget the privation of the trial. Swallow and Deuteros found the party soon after it started, the former buying the jurors several rounds of Thasian black from some seemingly inexhaustible source of silver.
“So where do you keep all that cash, Swallow, that you can treat us all so generously?”
“You don’t want to know where he keeps his money,” warned Deuteros.
“From the fact that you are here,” asked another juror, “may we suppose that you were in accord with the final verdict?”
Swallow smiled. “If you knew me personally, my friend, you would not suppose that at all! But in this case, you are right-I had something to do with the happiness of this occasion.”