the
praetor, who was called Marcus Varro, commanded that he should be put
to death upon the cross, as the usance then was.

Now Titus was by chance come at that juncture to the praetorium and
looking the wretched condemned man in the face and hearing why he had
been doomed to die, suddenly knew him for Gisippus; whereupon,
marvelling at his sorry fortune and how he came to be in Rome and
desiring most ardently to succour him, but seeing no other means of
saving him than to accuse himself and thus excuse him, he thrust
forward in haste and cried out, saying, 'Marcus Varro, call back the
poor man whom thou hast condemned, for that he is innocent. I have
enough offended against the Gods with one crime, in slaying him whom
thine officer found this morning dead, without willing presently to
wrong them with the death of another innocent.' Varro marvelled and it
irked him that all the praetorium should have heard him; but, being
unable, for his own honour's sake, to forbear from doing that which
the laws commanded, he caused bring back Gisippus and in the presence
of Titus said to him, 'How camest thou to be so mad that, without
suffering any torture, thou confessedst to that which thou didst not,
it being a capital matter? Thou declaredst thyself to be he who slew
the man yesternight, and now this man cometh and saith that it was not
thou, but he that slew him.'

Gisippus looked and seeing that it was Titus, perceived full well that
he did this to save him, as grateful for the service aforetime
received from him; wherefore, weeping for pity, 'Varro,' quoth he,
'indeed it was I slew him and Titus his solicitude for my safety is
now too late.' Titus on the other hand, said, 'Praetor, do as thou
seest, this man is a stranger and was found without arms beside the
murdered man, and thou mayst see that his wretchedness giveth him
occasion to wish to die; wherefore do thou release him and punish me,
who have deserved it.' Varro marvelled at the insistence of these two
and beginning now to presume that neither of them might be guilty, was
casting about for a means of acquitting them, when, behold, up came a
youth called Publius Ambustus, a man of notorious ill life and known
to all the Romans for an arrant rogue, who had actually done the
murder and knowing neither of the twain to be guilty of that whereof
each accused himself, such was the pity that overcame his heart for
the innocence of the two friends that, moved by supreme co