it was so, there is the cross for him, or the "little horse;" but
that, if he will say the contrary, he will save his joints from racking.
And yet the evidence went for what it was worth.

In this case of Roscius there had certainly been two slaves present; but
Cicero, who, as counsel for the defence, could call no witnesses, had
not the power to bring them into court; nor could slaves have been made
to give evidence against their masters. These slaves, who had belonged
to the murdered man, were now the property either of Chrysogonus or of
the two Tituses. There was no getting at their evidence but by
permission of their masters, and this was withheld. Cicero demands that
they shall be produced, knowing that the demand will have no effect.
"The man here," he says, pointing to the accused, "asks for it, prays
for it. What will you do in this case? Why do you refuse?"[69]

By this time the reader is brought to feel that the accused person
cannot possibly have been guilty; and if the reader, how much more the
hearer? Then Cicero goes on to show who in truth were guilty. "Doubt now
if you can, judges, by whom Roscius was killed: whether by him who, by
his father's death, is plunged into poverty and trouble--who is
forbidden even to investigate the truth--or by those who are afraid of
real evidence, who themselves possess the plunder, who live in the midst
of murder, and on the proceeds of murder."[70]

Then he addresses one of the Tituses, Titus Magnus, who seems to have
been sitting in the court, and who is rebuked for his impudence in doing
so: "Who can doubt who was the murderer--you who have got all the
plunder, or this man who has lost everything? But if it be added to this
that you were a pauper before--that you have been known as a greedy
fellow, as a dare-devil, as the avowed enemy of him who has been
killed--then need one ask what has brought you to do such a deed as
this?"[71]

He next tells what took place, as far as it was known, immediately after
the murder. The man had been killed coming home from supper, in
September, after it was dark, say at eight or nine o'clock, and the fact
was known in Ameria before dawn. Travelling was not then very quick; but
a messenger, one Mallius Glaucia, a man on very close terms with Titus
Magnus, was sent down at once in a light gig to travel through the night
and take the information to Titus Capito Why was all this hurry? How did
Glaucia hear of the murder so quickly? Wha