He moved toward the center of the court and addressed the crowd in the Forum as well as the jury. “‘Well,’ you may say, ‘what if that is so? Do you then possess all these qualities yourself?’ Would that I did, indeed. Still, I have done my best, and worked hard from boyhood, in order to acquire them if I could. Everyone knows that my life has centered around the Forum and the law courts; that few men, if any, of my age have defended more cases; that all the time I can spare from the business of my friends I spend in the study and hard work which this profession demands, to make myself fitter and readier for forensic practice. Yet even I, when I think of the great day when the accused man is summoned to appear and I have to make my speech, am not only anxious, but tremble physically from head to foot. You, Caecilius, have no such fears, no such thoughts, no such anxieties. You imagine that, if you can learn by heart a phrase or two out of some old speech, like ‘I beseech almighty and most merciful God’ or ‘I could wish, gentlemen, had it only been possible,’ you will be excellently prepared for your entrance into court.
“Caecilius, you are nothing, and you count for nothing. Hortensius will destroy you! But he will never crush me with his cleverness. He will never lead me astray by any display of ingenuity. He will never employ his great powers to weaken and dislodge me from my position.” He looked toward Hortensius and bowed to him in mock humility, to which Hortensius responded by standing and bowing back, eliciting more laughter. “I am well acquainted with all this gentleman’s methods of attack,” continued Cicero, “and all his oratorical devices. However capable he may be, he will feel, when he comes to speak against me, that the trial is among other things a trial of his own capacities. And I give this gentleman fair warning well beforehand, that if you decide that I am to conduct this case, he will have to make a radical change in his methods of defense. If I conduct the case, he will have no reason to think that the court can be bribed without serious danger to a large number of people.”
The mention of bribery produced a brief uproar and brought the normally equable Hortensius to his feet, but Cicero waved him back into his place. On and on he went, his rhetoric hammering down upon his opponents like the ringing blows of a blacksmith. I shall not quote it all. The speech, which lasted at least an hour, is readily available for those who wish to read it. He smashed away at Verres for his corruption, and at Caecilius for his previous links with Verres, and at Hortensius for desiring a second-rate opponent. And he concluded by challenging the senators themselves, walking over to the jury and looking each of them in the eye. “It rests with you, then, gentlemen, to choose the man whom you think best qualified by good faith, industry, sagacity, and weight of character to maintain this great case before this great court. If you give Quintus Caecilius the preference over me, I shall not think I have been beaten by the better man. But Rome may think that an honorable, strict, and energetic prosecutor like myself was not what you desired, and not what senators would ever desire.” He paused, his gaze coming to rest at last on Catulus, who stared straight back at him, and then he said very quietly: “Gentlemen, see that this does not happen.” There was loud applause.
And now it was Caecilius’s turn. He had risen from very humble origins, much more humble than Cicero’s, and he was not entirely without merit. One could even say he had some prior claim to prosecute, especially when he began by pointing out that his father had been a freed Sicilian slave, that he had been born in the province, and that the island was the place he loved most in the world. But his speech was full of statistics about falling agricultural production and Verres’s system of accounting. He sounded peevish rather than impassioned. Worse, he read it all out from notes, and in a monotone, so that when, after an hour, he approached his peroration, Cicero pretended to fall asleep. Caecilius, who was facing the jury and could not see what everyone was laughing at, was seriously knocked off his stride. He struggled through to the end and then sat down, crimson with embarrassment and rage.
In terms of rhetoric, Cicero had scored a victory of annihilating proportions. But as the voting tablets were passed among the jury, and the clerk of the court stood ready with his urn to collect them, Cicero knew, he told me afterwards, that he had lost. Of the thirty-two senators, he recognized at least a dozen firm enemies, and only half as many friends. The decision, as usual, would rest with the floaters in the middle, and he could see that many of these were craning their necks for a signal from Catulus, intent on following his lead. Catulus marked his tablet, showed it to the men on either side of him, then dropped it in the urn. When everyone had voted, the clerk took the urn over to the bench, and in full view of the court tipped it out and began counting the tablets. Hortensius, abandoning his pretense, was on his feet, and so was Verres, trying to see how the tally was going. Cicero sat as still as a statue. Caecilius was hunched in his chair. All around me people who made a habit of attending the courts and knew the procedure as well as the judges were whispering that it was close, that they were recounting. Eventually the clerk passed the tally up to Glabrio, who stood and called for silence. When he said that the voting was fourteen for Cicero-my heart stopped: he had lost!-but there were thirteen for Caecilius, with five abstentions. Marcus Tullius Cicero was therefore appointed special prosecutor (nominis delator) in the case of Gaius Verres. As the spectators applauded and Hortensius and Verres sat stunned, Glabrio told Cicero to stand and raise his right hand, and then had him swear the traditional oath to conduct the prosecution in good faith.
The moment that was finished, Cicero made an application for an adjournment. Hortensius swiftly rose to object: why was this necessary? Cicero said he wished to travel to Sicily to subpoena evidence and witnesses. Hortensius interrupted to say it was outrageous for Cicero to demand the right to prosecute, only to reveal in his next breath that he lacked an adequate case to bring to court! This was a valid point, and for the first time I realized how unconfident Cicero must be of his position. Glabrio seemed inclined to agree with Hortensius, but Cicero pleaded that it was only now, since Verres had left his province, that his victims felt it safe to speak out. Glabrio pondered the issue, checked the calendar, and then announced, reluctantly, that the case would stand adjourned for 110 days. “But be sure you are ready to open immediately after the spring recess,” he warned Cicero. And with that, the court was dismissed.
TO HIS SURPRISE, Cicero later discovered that he owed his victory to Catulus. This hard and snobbish old senator was, nevertheless, a patriot to his marrow, which was why his opinions commanded such respect. He took the view that the people had the right, under the ancient laws, to see Verres subjected to the most rigorous prosecution available, even though Verres was a friend of his. Family obligations to his brother-in-law, Hortensius, naturally prevented him from voting for Cicero outright, so instead he abstained, taking four waverers with him.
Grateful to be still in the boar hunt, as he called it, and delighted to have outwitted Hortensius, Cicero now flung himself into the business of preparing his expedition to Sicily. Verres’s official papers were sealed by the court under an order obsignandi gratia. Cicero laid a motion before the Senate demanding that the former governor submit his official accounts for the past three years (he never did). Letters were dispatched to every large town on the island, inviting them to submit evidence. I reviewed our files and extracted the names of all the leading citizens who had ever offered Cicero hospitality when he was a junior magistrate, for we would need accommodation throughout the province. Cicero also wrote a courtesy letter to the governor, Lucius Metellus, informing him of his visit and requesting official cooperation-not that he expected anything other than official harassment, but he reasoned it might be useful to have the notification in writing, to show that he had at least tried. He decided to take his cousin with him-Lucius having worked on the case for six months already-and leave his brother behind to manage his election campaign. I was to go, too, along with both of my juniors, Sositheus and Laurea, for there would be much copying and note-taking. The former praetor, Calpurnius Piso Frugi, offered Cicero the services of his eighteen-year-old son, Gaius-a young man of great intelligence and charm, to whom everyone soon took a liking. At Quintus’s insistence, we also acquired four strong and reliable slaves, ostensibly to act as porters and drivers, but also to serve as bodyguards. It was lawless country down in the south at that time-many of Spartacus’s followers still survived in the hills; there were pirates; and no one could be sure what measures Verres might adopt.