re any prospect,
such was the violence of the rival candidates, of their being so. At
last the Senate had recourse to the only man who seemed able to deal
with the situation, and appointed Pompey sole consul. Pompey proposed
to institute for the trial of Milo's case a special court with a
special form of procedure. The limits of the time which it was to occupy
were strictly laid down. Three days were to be given to the examination
of witnesses, one to the speeches of counsel, the prosecution being
allowed two hours only, the defense three. After a vain resistance on
the part of Milo's friends, the proposal was carried, Pompey threatening
to use force if necessary. Popular feeling now set very strongly against
the accused. Pompey proclaimed that he went in fear of his life from his
violence; refused to appear in the Senate lest he should be
assassinated, and even left his house to live in his gardens, which
could be more effectually guarded by soldiers. In the Senate Milo was
accused of having arms under his clothing, a charge which he had to
disprove by lifting up his under garment. Next a freedman came forward,
and declared that he and four others had actually seen the murder of
Clodius, and that having mentioned the fact, they had been seized and
shut up for two months in Milo's counting-house. Finally a sheriff's
officer, if we may so call him, deposed that another important witness,
one of Milo's slaves, had been forcibly taken out of his hands by the
partisans of the accused.
On the eighth of April the trial was begun. The first witness called was
a friend who had been with Clodius on the day of his death. His evidence
made the case look very dark against Milo, and the counsel who was to
cross-examine him on behalf of the accused was received with such angry
cries that he had to take refuge on the bench with the presiding judge.
Milo was obliged to ask for the same protection.
Pompey resolved that better order should be kept for the future, and
occupied all the approaches to the court with troops. The rest of the
witnesses were heard and cross-examined without interruption. April 11th
was the last day of the trial. Three speeches were delivered for the
prosecution; for the defense one only, and that by Cicero. It had been
suggested that he should take the bold line of arguing that Clodius was
a traitor, and that the citizen who slew him had deserved well of his
country. But he judged it better to follow another
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