Presently Lydia First entered the room; the events of the night had not impaired the dignity of her manner but had deepened the lines in her already timeworn countenance. She bade me seek Ariston, of whose knowledge of legal procedure she felt in need, and hurry him to the court where Lydia and Chairo were being examined.
Prisoners were entitled to counsel if they asked for it; but the innocent seldom availed themselves of the privilege. The examination might, therefore, be actually then proceeding unless either Chairo or Lydia demanded an adjournment. It little suited the temperament of Chairo to seek counsel, and the consciousness of innocence would prevent Lydia from doing so. I hastened, therefore, with all speed and found Ariston waiting to be introduced into the council chamber. He was still ignorant of the capture. We hurried to the courthouse and Ariston, who had no right to appear except at the request of one of the prisoners, sent in a line both to Chairo and Lydia urging them to demand an adjournment. The examination had already commenced. Both Chairo and Lydia, however, asked that Ariston be admitted, and I was admitted with him.
Lydia First was there and had already urged both Chairo and Lydia to ask for counsel, and both had refused. The examination was not a public one, only relations and friends or counsel being admitted; when, however, Ariston's message was received, he was by general consent admitted, and he immediately addressed the examining magistrate. He pointed out that Chairo, being a member of the state legislature, enjoyed immunity from arrest unless captured in flagrante delicto, and that Lydia was not charged with any offense; both ought, therefore, to be released without examination. A priest, however, who appeared for the Demetrian council persisted that their doors had been forced, their sanctuary violated, a vestal carried off without her consent, and Chairo found in the act of flight with her; the priest maintained that this constituted arrest in flagrante delicto. Chairo reminded the magistrate that he had not sought to escape examination, but added that, mindful of the magnitude of the issue involved in the case, he felt it ought to be fought out in the political rather than the judicial arena, and that he was indebted to Ariston for having reminded the court of an immunity which would transfer the question from the courts to the legislature.
The magistrate decided that he would not proceed with the examination, but in view of the seriousness of the offense he would hold Chairo until the question whether legislative immunity applied to his case could be decided by a full court.
Chairo was, therefore, confined in the house of detention, and Lydia was restored to her mother.
We at once sought admittance to Chairo, and found him impatiently pacing the room where he was confined.
"There was treachery," he exclaimed. "My carriage had been tampered with; it broke down within a mile of the cloister. I am trying to think who can have been guilty of it."
He continued pacing the room and neither of us was disposed to speak. Suddenly he turned to Ariston: