When the Prætor and Judges came in he watched their faces for some auspicious sign. But they were still very prudent—unnecessarily so, he thought. In his heart he cursed them for it. It was carrying matters quite too far. They might at least give him a glance that would mean much to him while not compromising them. But they did not even look his way. He would make them sweat for it some day.
Cimon, whom we have not seen for too many days, had come in escorted by two officers; whom, however, he seemed escorting. Seated near him were, not only Seti and Aleph, but also Alexander, who had arrived from Rome during the last night, together with a large delegation from the Diapleuston Seventy. This was not a pleasant sight to Malus: but it was a relief, as he looked about from under his bushy eyebrows, to see seated with his own company several Roman officers well known as the intimates of Sextus Flaccus. “It is all right,” said he to himself. “It is all wrong,” said the thoughts on the other side of the house—with a few exceptions. These exceptions said, “The Lord reigneth; I will not fear what man can do to me.”
According to custom, the court opened with an outline-statement from the advocate of the plaintiff. The defendant had visited the warehouse of Malus, was shown by his conductor through the department of eastern goods, was observed to notice particularly the jewels. Soon after he left, and before any other person had come in, the young man who had conducted him, becoming disturbed as he thought of the suspicious appearance of the stranger, returned to the jewelry room and found a certain casket, containing gems worth fifty thousand aurei, to be missing. Whereupon Malus set inquiries on foot, found out where the stranger lodged, obtained a search warrant, found the casket hidden in his room but empty, and had him arrested for theft. His client would say whether this statement was correct.
According to custom, Malus made oath that the facts were as stated—made oath “by Him who reigns in Heaven”; for such was the blanket oath that could be taken alike by the man who believed in Jupiter, or in Zeus, or in Osiris, or in Jehovah.
Then Piso outlined his defense. “Some facts had been correctly stated. Cimon did visit the warehouse, was conducted through the jewelry department, did notice the cabinet of jewels in passing. Also, the casket was seemingly found in his room. But he did not carry it there. That was done by the agent of Malus who conducted the searching party, in order to make out a case against Cimon, whom Malus had reason to fear and wished to discredit and remove. His client would say whether the facts had been correctly stated.”
Cimon made oath that, to the best of his belief, the facts were as stated.
Omitting the plea for the plaintiff which came next, the witness-bearing on both sides, the questionings and cross-questionings by the advocates, I will give a summary of Piso’s plea, which came last.
He began with gravely ridiculing the idea that anything in the appearance of Cimon should have suggested to his conductor that he was a thief. “The Judges can see for themselves that the story is incredible. So far as appearances go, there is not a man here less likely to do what has been charged upon him than Cimon, the Greek. Further, it appears from the testimony of the Alabarch that this man, whose face is written all over with the natural marks of honesty and high character, has a credit with him for 200,000 gold staters; and so is a very unlikely person to steal what might be, as everybody knows, a box of sham jewels, or even an empty box. Further, the Superintendent of the jewelry department has testified that he saw the casket in its place after Cimon had left; and it cannot be claimed that he gave this testimony in revenge for his dismissal from his post, because he brought me the information before the dismissal took place. Further, the young man called Aleph the Chaldean, and a much esteemed member of the University, has testified that he was present when the search was made, and actually saw the Cretan agent of Malus furtively slip the casket from the bosom of his own tunic as he pretended to grope for it on his knees in the dimmer part of the room: and the Cretan himself, at last tired of the wickedness he has been set to do, and fearing the avenging heavens and his own awaking conscience, has confessed that such was the fact—that Malus had employed him to play that part, and, lest he should be tempted to run away with the casket, had opened it in his presence and showed that it was empty, instead of containing gems to the value of 50,000 staters.
“The advocate on the other side has asked what possible motive could Malus have for attacking maliciously a stranger who had never crossed his plans, or even his path, till a few days ago. That point was well taken. People do not act without motive, and what seems to them a sufficient motive: and it is incredible that so shrewd a man as Malus should lay a plot to brand Cimon as a thief, and shut him up in prison, and, in default of 50,000 staters, sell him into slavery, without some powerful reason for doing it. And such reason exists. The plaintiff had become aware that Cimon had unearthed a gigantic system of embezzlement on his part which threatened to destroy his reputation, subject him to heavy punishments, and sacrifice a large part, if not the whole, of his fortune. To prevent this ruin he contrived this plan to smutch Cimon as a low criminal whose accusation was unworthy of notice—also to remove him from view and possibility of action, first by incarceration, and then by sale into some distant servitude, as our laws permit in case of insolvent debtors. All this will be proved when the next suit in order shall come before the court.
“As this last is evidently a vital point, the Prætor and Judges, might do well to consider whether it would not be well to reserve their decision of this case until after the suit of Cimon against Malus has been tried. They can safely be promised great additional light.”