As for Marcus Crassus, the richest man in Rome seemed to have stopped aging in recent years. He was a few years older than I, but looked closer to forty than sixty. Some joked that Crassus had made a deal with the gods to let him grow richer with passing time instead of older. If so, even that deal was not sweet enough to satisfy him; he looked as stern and discontented as ever. Crassus was a man who could never succeed enough for his own satisfaction. This restlessness drove him from triumph to triumph in the arenas of finance and politics, setting a pace that his less gifted colleagues could not hope to match and bitterly resented.
Beside these two old foxes, Marcus Caelius looked strikingly young and fresh, almost boyish. A good night's sleep or some other tonic had erased the slack dissolution I had seen on his face at the Salacious Tavern. Caelius had always been a mime of sorts, able to put on roles and shrug them off to suit the moment, and for this occasion he mimed the bright-eyed innocence of youth with uncanny precision. His cleverness had gotten him into trouble before; in recent years he had strayed from his mentors Crassus and Cicero, perhaps even betrayed them in the pursuit of his own fortunes. They might reasonably have turned their backs on him now, but all differences had apparently been reconciled. They were three foxes sitting in a row.
I turned my eyes from the defense to the prosecution. Leading them was young Lucius Sempronius Atratinus. If Caelius looked fresh beside his weathered advocates, Atratinus looked positively childlike. He was only seventeen, barely a man in the eyes of the law. But youthful passion can count for much with Roman judges, who have sat through too many speeches to be much impressed by false indignation or tired blustering, no matter how experienced the advocate. Young Atratinus's interest in prosecuting Caelius was the extension of a family feud; it was Atratinus's father, Bestia, against whom Caelius made his notorious pun about the "finger of guilt." Atratinus's pursuit ofCaelius's destruction was a virtuous act in the eyes of a Roman court, where loyalty to fathers counts for so much.
Flanking Atratinus were his fellow prosecutors. I knew little about them. Lucius Herennius Balbus was a friend of Bestia's and more familiar to me by sight than by ear; I had never heard him argue a case, but the sight of his well-fed body scurrying back and forth in the Forum (like a giant egg wearing a toga, Eco had once said) was impressed on my memory. Publius Clodius was the third prosecutor-not Clodia's brother, but one of his freedmen, who accordingly bore the same name; thus the Clodii were represented among the prosecutors in an indirect way, as they no doubt preferred, by name but not by blood.
Gnaeus Domitius, the presiding magistrate, mounted his tribunal. The judges were sworn in. The trial commenced with the reading of the formal charges.
There were five charges in all. The first four dealt with incidents of violence against foreign dignitaries, whose persons were sacrosanct; violence against them was technically violence against their protector, the Roman state, and so qualified for prosecution under the law against political terror. The charges were grave: that Marcus Caelius master-minded attacks at Neapolis to intimidate the newly arrived Alexandrian delegation; that he instigated a riot against the delegation at Puteoli; that he perpetrated arson against the delegation during their stay at the property of Palla, on their way to Rome; that he attempted to poison the head of the delegation, Dio, and subsequently took part in Dio's murder.
To these was added another, new allegation: that Caelius had attempted to poison Clodia. There were reactions of surprise among many in the crowd, including Bethesda.
"What are they talking about?" she whispered.
I shrugged and tried to look ignorant.
"You told me she was ill, not poisoned!"
I put a finger to my lips and nodded toward the defendant's bench, where Crassus had risen to make a statement. "It should be noted by our presiding magistrate Gnaeus Domitius and by the judges that this final charge is a new one, appended by the prosecution only yesterday, in fact. The defense has hardly been given the customary amount of time to prepare an argument in response to so serious an accusation. Thus we would be within our rights to protest the inclusion of this charge, indeed, to insist that it be thrown out and argued in a separate trial, or, if it is to be included, to demand a postponement of this trial. Further, given that this is a court convened solely to try cases of political violence, it hardly seems suitable to include a charge of attempted poisoning against a private citizen. However, as the prosecution seems to believe that this charge is in fact related to the others, and as my esteemed friend and colleague Marcus Cicero assures me that he is fully prepared to defend our client against it, we make no objection to its inclusion in this trial."
Crassus nodded gravely to the presiding magistrate and the judges and sat. On Cicero's face I saw the quiver of a smirk, barely repressed. It was a look I knew well; the great orator was feeling smug about some-thing. Could it be that he was secretly pleased to have the charge of the attempted poisoning of Clodia included among the rest? What conjurer's trick was he planning this time?
Formalities concluded, the trial could begin. The three prosecutors would speak first, then Caelius and his advocates would respond. After the orations, witnesses for both sides would deliver their statements.
Given the number of speakers and the numerous charges to be discussed the trial would surely last for more than one day.
A Roman trial is only ostensibly about establishing guilt or inno-cence. At Rome, all trials are to some extent political, and a trial for political violence is overtly so. Roman judges are not merely citizens seeking the truth about a specific act; they are a committee of the state and their purpose is to make a political as well as a moral judgment. A trial typically deals with the whole life of the accused-his reputation family connections, political affiliations, sexual practices, virtues, vices. Judgment is rendered not merely on whether the accused did or did not commit a specific crime, but on the entire character of the accused, and for the good of the body politic as a whole. Cicero himself put it plainly at a trial held the year before his own exile: "When rendering their verdict, judges must consider the good of the community and the needs of the state."
Moreover, everyone knows that judges are more influenced by the orations of the advocates than by the testimony of the witnesses who follow. "Arguments count for more than witnesses," as Cicero has often said. The deductions a good orator draws from the internal evidence of a case (asserting, "Because of this, it stands to reason that…") are more persuasive than the bald statements of any given witness, no matter that the witness testifies under oath (or in the case of slaves, under torture).
Atratinus rose to deliver the first speech. His clear young voice carried exceedingly well, and his oratorical delivery, if not polished to a dazzling shine, had the ring of sincerity.
Atratinus dwelled exclusively on Caelius's character-his well-known dissipation, his extravagance, the disreputable haunts he was known to frequent. Atratinus's righteous indignation would have sounded forced and false coming from many older advocates, but Atratinus was young and unsullied enough to be credible when he frowned on Caelius's excesses.
Caelius was untrustworthy, said Atratinus. No wise man would turn his back on Caelius, or else Caelius was likely to slander and mock him, as he had slandered and mocked his own mentors behind their backs, chose who were at this very moment closest to him; his notorious lack of respect for these men was sadly evident to everyone else in the court except themselves, apparently. Now that he had finally gotten himself into more trouble than he could handle, the crass opportunist was only too happy to make use of the elders he had betrayed, not only his mentors, but his own father, whom he had abandoned to go live by himself in a Palatine apartment where he could indulge all his vices away from paternal