Lustrum
wish to challenge these witnesses, as their testimony was not relevant to the case, and the maids were ordered to leave the platform. I watched Agathe turn with the others and descend out of sight.
Lucullus resumed giving evidence and I felt a great hatred well up in me at the sight of this decaying plutocrat who unthinkingly possessed a treasure for which, at that moment, I would have given my life. I was so preoccupied that I briefly lost track of what he was saying, and it was only when I realised that the crowd had started to gasp and laugh with delight that I took notice of his evidence. He was describing how he had concealed himself in his wife's bedchamber and observed her and her brother in the act of fornication: 'dog on bitch', as he put it.Nor, continued Lucullus, ignoring the noise of the crowd, did Clodius confine his base appetites to one sister, but boasted of his conquests of the other two. Bearing in mind that Clodia's husband Celer had just returned from Nearer Gaul to stand for the consulship, this allegation caused a particular sensation. Clodius sat through it all smiling broadly at his former brother-in-law, clearly aware that whatever damage Lucullus imagined he was doing to him, he was actually inflicting far more harm on his own reputation. That was the third day, and at the end of it the prosecution rested its case. I lingered after the court had been adjourned in the hope of seeing Agathe again, but she had been taken away.
On the fourth day, the defence began the job of trying to extricate Clodius from this morass of filth. It seemed a hopeless task, for no one, not even Curio, was in serious doubt of his client's guilt of the actual offence. Nevertheless, he did his best. The core of his case was that the whole episode had been a simple matter of mistaken identity. The lights had been dim, the women hysterical, the intruder disguised – how could anyone be sure it was Clodius? It was hardly a convincing line. But then, just as the morning was nearing its end, Clodius's side produced a surprise witness. A man named C. Causinius Schola, a seemingly respectable citizen from the town of Interamna, some ninety miles from Rome, came forward to say that on the night in question, Clodius had actually been with him in his home. Even under cross-examination he was quite unshakeable on this point, and although his was only one voice set against a dozen on the other side, including the firm testimony of Caesar's own mother, he cut a strangely believable figure.
Cicero, who was watching from the senators' benches, beckoned me over to him. 'This fellow is either lying or insane,'he whispered. 'On the day of the Good Goddess ceremony, surely Clodius came to see me? I recall having an argument with Terentia about his visit.'
Now that he mentioned the occasion, I remembered it as well, and I confirmed he was correct.
'What's all this?' asked Hortensius, who was, as usual, sitting next to Cicero and had been trying to listen to our conversation.
Cicero turned to him. 'I was saying that Clodius was in my house that day, so how could he possibly have reached Interamna by nightfall? His alibi is preposterous.' He spoke entirely without premeditation; had he thought about the implications of what he was saying, he would have been more cautious.
'Then you must testify,' responded Hortensius at once. 'This witness needs to be destroyed.'
'Oh no,' said Cicero quickly, 'I told you at the start, I want no part of it,' and beckoning to me to follow, he got up at once and left the forum, accompanied by the two well-muscled slaves who these days acted as his guard. 'That was stupid of me,' he said as we climbed the hill to his house. 'I must be getting old.' Behind us I could hear the crowd laughing at some point made by one of Clodius's supporters: the weight of evidence might be against him, but the mob was all on his side. I sensed that Cicero was uneasy with the day's proceedings. Quite unexpectedly, the defence seemed to be taking charge.
Once the trial had adjourned for the day, all three of the prosecutors came to see Cicero, along with Hortensius. The instant I saw them I knew what they wanted, and I secretly cursed Hortensius for putting Cicero in this position. I showed them into the garden, where he was sitting with Terentia, watching little Marcus play with a ball. It was a perfect late afternoon in early summer. The air was fragrant with blossom andthe sounds rising from the forum were as drowsy
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