“Such is the document,” said Piso, handing it to the Judges for inspection. After a few moments he resumed:

“In explanation of this document, I would remind the Court that Atropatene is a Chaldean kingdom of great beauty and fertility, unassailably entrenched among the mountains of Media, where for five hundred years have ruled the descendants of the Hebrew prophet Daniel, to whom it was given by Cyrus the Persian, and to whose descendant Atropates it was confirmed by Alexander the Macedonian. The monarchs of this dynasty have not thought it beneath themselves to do as did Solomon the Magnificent—to engage in commerce with foreign countries and make the superfluities of one land supply the deficiencies of another. Accordingly, when, thirty years ago, Jasper with two other princes passed through the land, he arranged with Malus, then not so well known as he is now, to receive and dispose of such eastern goods as might be sent him by way of the Red Sea, Myos Hermos, and Coptus. Malus did not know that his employer was a sovereign: probably has never known it till now. This is the man whom he has defrauded—trusting that the remoteness of his principal would secure him from detection. But the Heavens have decreed against him—the Heavens which he seems to have forgotten.”

The advocate of Malus made only a brief reply. He dealt in generalities. He asserted and reasserted in many forms, and with much strength of voice, the innocence of his client. Whatever the appearances against him, they were deceptive. To get at real facts we often have to go below the seemings. Wise men have to be on their guard against even their own senses. He would not condemn the notable citizens and officials who had given their support to the other side: at the same time, he must be allowed to say that they have made a grave mistake. They have been misled by circumstantial evidence, as many other intelligent and upright men have been. He had no doubt but that they would some day see their mistake, and be sorry for it. How would they like to have their own reputations and fortunes fall a prey to some plausible adventurer? He hoped that they would never come to that; but it now looked as if no man’s fortune, or even life, would henceforth be safe in Alexandria. He trusted that the eminent Judges would see the peril to which they and all people of consideration are exposed, and, by their verdict, discourage attacks on prominent men, to which envy and cupidity so strongly tempt.

It would not be surprising if his client, amid the pressure and anxieties of so large and varied business, had sometimes made mistakes, sometimes been forgetful, and even sometimes been overborne and distracted to the point of irresponsible insanity. In such circumstances he may have done things which, in his right mind, he never would have done. In the conduct of great and complicated affairs the strain on the mind is often very great; and, for his part, he wondered that it did not give way oftener than it did. He hoped that the Judges would take these considerations into account in making up their verdict; and would not ruin one of their own citizens for the sake of a foreigner, whether prince or peasant. A verdict against Malus would send a large sum out of the country, never to return. Alexandria would be impoverished for the sake of Chaldea.

So the case was submitted. The Judges conferred among themselves for a few moments, and then one of them spoke in a low tone to the Prætor.

The public crier summoned attention, and the Prætor announced:

“I. The Judges have decided that the suit of Malus against Cimon is unsustained, and order that the defendant, discharged from custody, receive damages to the amount of 50,000 staters, the estimated value of the jewels said to have been stolen.

“II. Also, the Judges have decided that the suit of Cimon against Malus is sustained; and order that the latter pay to the former the arrears for thirty years as determined by certain dealers in eastern goods, hereafter to be designated, in view of the actual duties and prices during that period, and counting as genuine both the harbor receipts of Malus and his accounts to his principal as they have been shown here.

“III. Also, it is ordered that Malus be taken into custody until the payment now decreed has been made, and until it has been legally determined whether he is guilty of the crime of smuggling. Licitum est Decedere.”