After a few moments he resumed. “But the honorable judges should further notice that the receipt bears the signatures of two witnesses, as was customary years ago in transactions of such magnitude. These witnesses have given me some trouble. They left the city shortly after signing this document, and I could not find any one who knew where they were. The probability was that they were dead; for they were not young when they disappeared, and thirty years make havoc with old people. But yesterday, without concert and from opposite directions, they for the first time returned to the city—each drawn by a mysterious feeling that he was wanted and must not stay away. They are in this room now; can be identified by persons here present who formerly knew them well; will testify to their own signatures, and anew to the well-remembered fact that Malus received his money in their presence.”
Turning again to Malus, Piso said, “You say that this receipt is a forgery—to whom do you attribute the forgery?”
“Of course to those who could hope for advantage from it—to Shaphan and Nathan.”
“The honorable judges and all here present will please notice,” exclaimed Piso, “that Malus has publicly charged my clients with the crime of forgery; a charge which I deny in their name, against which their general repute testifies, and for which I propose to bring suit against him at fitting opportunity. He shall prove what he now asserts, or suffer the penalty prescribed by law to false accusers. Meanwhile, my clients are held innocent by the law as not yet having been proved guilty; and this case must be decided on the assumption that they have not committed a forgery.”
Of course the advocate on the other side was voluble and shrewd. He had not practiced in the school of Malus many years in vain; but had his ways of making the worse appear the better—pushing some things to the front, others to the rear; throwing a shadow here and a glare there; slurring over this and dwelling on that; magnifying little things and dwarfing great ones—all after the manner of unscrupulous advocates in every age The result was that the four judges were equally divided—the Diapleuston pair deciding for the brothers, the others for Malus. So the case went the next day to the Roman Court held in another room of the same Basilica.
Malus was not discouraged by this. He counted on the Flaccan influence being in his favor; and, quite as much, on his reputation of being on good terms with the Roman authorities. He hoped to see some Romans of standing, who might be supposed inspired by Flaccus, occupying seats on his side of the house; also to get from the judges, as they came in and took their seats, some furtive glances of recognition and encouragement. He was disappointed. Still, official people have to be prudent in showing their favoritism; and he still hoped that the powerful magnates at Bruchium were surely, though secretly, at work for him.
The case was reviewed, the arguments for and against were repeated without material change, the same testimonies were given as before—save that Piso was now able to bring forward witnesses to show that, when his clients informed Malus of the loss of the receipt and asked for another, he did not deny having given one, but deferred giving a duplicate just then because of press of business.
The verdict was against the plaintiff.
Malus was astonished at this unusual experience. It was a blow at his prestige. There was no telling but that other victims of his craft and greed, encouraged by this defeat, might turn upon him. Also, it looked as though his Roman friends were beginning to fail him. Still, he was a man of audacity; had grown into a vast confidence in himself and his star; believed more in Simon Magus and his pleasing predictions than in God and eternal justice: moreover, he said to himself that the Romans in this small matter were trying to appear impartial, so as to break the force of public criticism and suspicion when they should come to decide for him in the larger matters pending. So he managed to keep up heart. Does not many a bright day begin in clouds? Has not many a victory been introduced by a check?
The next day brought on his suit against Cimon the Greek—to be tried in the same place, before the same Judges and Prætor. He was on the ground very early, with an enlarged body of sympathizers and a cheerful aspect. His friends copied his example, and beat the copy. They were almost hilarious. They thought that it would help to gain a battle, to assume it to be already gained. The real object of Malus, however, in being at the Basilica considerably in advance of time, was to get, if possible, an opportunity to convey a note, or a word, through some sub-official of the court, to one or more of the judges before they took their seats. This he was able to do; for he made it worth the while for janitors and pursuivants to oblige him.