Imperium - Харрис Роберт. Страница 37

This was what the crowd had come to hear. The rustle of approval became a roar. Metellus jumped up in anger, and so did Hortensius-yes, even Hortensius, who normally greeted any taunt in the arena with nothing more vulgar than a raised eyebrow. They began gesticulating angrily at Cicero.

“What?” he responded, turning on them. “Did you count on my saying nothing of so serious a matter? On my caring for anything, except my duty and my honor, when the country and my own reputation are in such danger? Metellus, I am amazed at you. To attempt to intimidate witnesses, especially these timorous and calamity-stricken Sicilians, by appealing to their awe of you as consul-elect, and to the power of your two brothers-if this is not judicial corruption, I should be glad to know what is! What would you not do for an innocent kinsman if you abandon duty and honor for an utter rascal who is no kin of yours at all? Because, I tell you this: Verres has been going around saying that you were only made consul because of his exertions, and that by January he will have the two consuls and the president of the court to suit him!”

I had to stop writing at this point, because the noise was too great for me to hear. Metellus and Hortensius both had their hands cupped to their mouths and were bellowing at Cicero. Verres was gesturing angrily at Glabrio to put a stop to this. The jury of senators sat immobile-most of them, I am sure, wishing they were anywhere but where they were-while individual spectators were having to be restrained by the lictors from storming the court. Eventually Glabrio managed to restore order, and Cicero resumed, in a much calmer voice.

“So these are their tactics. Today the court did not start its business until the middle of the afternoon-they are already reckoning that today does not count at all. It is only ten days to the games of Pompey the Great. These will occupy fifteen days and will be followed immediately by the Roman Games. So it will not be until after an interval of nearly forty days that they expect to begin their reply. They count on being able then, with the help of long speeches and technical evasions, to prolong the trial until the Games of Victory begin. These games are followed without a break by the Plebeian Games, after which there will be very few days, or none at all, on which the court can sit. In this way they reckon that all the impetus of the prosecution will be spent and exhausted, and that the whole case will come up afresh before Marcus Metellus, who is sitting there on this jury.

“So what am I to do? If I spend upon my speech the full time allotted me by law, there is the gravest danger that the man I am prosecuting will slip through my fingers. ‘Make your speech shorter’ is the obvious answer I was given a few days ago, and that is good advice. But, having thought the matter over, I shall go one better. Gentlemen, I shall make no speech at all.”

I glanced up in astonishment. Cicero was looking at Hortensius, and his rival was staring back at him with the most wonderful frozen expression on his face. He looked like a man who has been walking through a wood cheerfully enough, thinking himself safely alone, and has suddenly heard a twig snap behind him and has stopped dead in alarm.

“That is right, Hortensius,” said Cicero. “I am not going to play your game and spend the next ten days in the usual long address. I am not going to let the case drag on till January, when you and Metellus as consuls can use your lictors to drag my witnesses before you and frighten them into silence. I am not going to allow you gentlemen of the jury the luxury of forty days to forget my charges so that you can then lose yourselves and your consciences in the tangled thickets of Hortensius’s rhetoric. I am not going to delay the settlement of this case until all these multitudes who have come to Rome for the census and the games have dispersed to their homes in Italy. I am going to call my witnesses at once, beginning now, and this will be my procedure: I shall read out the individual charge. I shall comment and elaborate upon it. I shall bring forth the witness who supports it, and question him, and then you, Hortensius, will have the same opportunity as I for comment and cross-examination. I shall do all this and I shall rest my case within the space of ten days.”

All my long life I have treasured-and for what little remains of it I shall continue to treasure-the reactions of Hortensius, Verres, Metellus, and Scipio Nasica at that moment. Of course Hortensius was on his feet as soon as he had recovered his breath and was denouncing this break with precedent as entirely illegal. But Glabrio was ready for him, and told him brusquely that it was up to Cicero to present his case in whatever manner he wished, and that he, for one, was sick of interminable speeches, as he had made clear in this very court before the consular elections. His remarks had obviously been prepared beforehand, and Hortensius rose again to accuse him of collusion with the prosecution. Glabrio, who was an irritable man at the best of times, told him bluntly he had better guard his tongue, or he would have his lictors remove him from the court-consul-elect or no. Hortensius sat down furiously, folded his arms, and scowled at his feet as Cicero concluded his opening address, once again by turning to the jury.

“Today the eyes of the world are upon us, waiting to see how far the conduct of each man among us will be marked by obedience to his conscience and observance of the law. Even as you will pass your verdict upon the prisoner, so the people of Rome will pass their verdict upon yourselves. The case of Verres will determine whether, in a court composed of senators, the condemnation of a very guilty and very rich man can possibly occur. Because all the world knows that Verres is distinguished by nothing except his monstrous offenses and his immense wealth. Therefore if he is acquitted it will be impossible to imagine any explanation except the most shameful. So I advise you, gentlemen, for your own sakes, to see that this does not occur.” And with that he turned his back on them. “I call my first witness-Sthenius of Thermae.”

I doubt very strongly whether any of the aristocrats on that jury-Catulus, Isauricus, Metellus, Catilina, Lucretius, Aemilius, and the rest-had ever been addressed with such insolence before, especially by a new man without a single ancestral mask to show on his atrium wall. How they must have loathed being made to sit there and take it, especially given the deliriums of ecstasy with which Cicero was received by the vast crowd in the Forum when he sat down. As for Hortensius, it was possible almost to feel sorry for him. His entire career had been founded on his ability to memorize immense orations and deliver them with the aplomb of an actor. Now he was effectively struck mute; worse, he was faced with the prospect of having to deliver four dozen mini-speeches in reply to each of Cicero’s witnesses over the next ten days. He had not done sufficient research even remotely to attempt this, as became cruelly evident when Sthenius took the witness stand. Cicero had called him first as a mark of respect for the originator of this whole fantastic undertaking, and the Sicilian did not let him down. He had waited a long time for his day in court, and he gave a heart-wringing account of the way Verres had abused his hospitality, stolen his property, trumped up charges against him, fined him, tried to have him flogged, sentenced him to death in his absence, and then forged the records of the Syracusan court-records which Cicero produced in evidence and passed around the jury.

But when Glabrio called upon Hortensius to cross-examine the witness, the Dancing Master, not unnaturally, showed some reluctance to take the floor. The one golden rule of cross-examination is never, under any circumstances, to ask a question to which you do not know the answer, and Hortensius simply had no idea what Sthenius might say next. He shuffled a few documents, held a whispered consultation with Verres, then approached the witness stand. What could he do? After a few petulant questions, the implication of which was that the Sicilian was fundamentally hostile to Roman rule, he asked him why, of all the lawyers available, he had chosen to go straight to Cicero-a man known to be an agitator of the lower classes. Surely his whole motivation from the start was merely to stir up trouble?