ey
challenged him to single combat. As Marcus refused the encounter and
tried to run away, he struck him on the back with the back of his sword.
Thereon a fight ensued in which he, the witness, had the advantage.
Being wounded, the accused let fall his sword, sank to his knees and
asked for mercy. The fray having now become general he, Caleb, dragged
his prisoner into the Old Tower and returned to the battle.

When he went back to the Tower it was to find that the captive had
vanished, leaving in his place a lady who was known to the Romans as
Pearl-Maiden, and who was afterwards taken by them and exposed for sale
in the Forum, where she was purchased by an old woman whom he recognised
as her nurse. He followed the maiden, having bid for her and being
curious as to her destination, to a house in the Via Agrippa, which he
afterwards learned was the palace of the accused Marcus. That was all he
knew of the matter.

Then the prosecutor called a soldier, who stated that he had been under
the command of Marcus on the day in question. There he saw the Jew
leader, whom he identified with Caleb, at the conclusion of a parley
strike the accused, Marcus, on the back with the flat of his sword.
After this ensued a fight, in which the Romans were repulsed. At the end
of it, he saw their captain, Marcus, being led away prisoner. His sword
had gone and blood was running from the side of his head.

The evidence being concluded, Marcus was asked if he had anything to say
in defence.

"Much," he answered proudly, "when I am given a fair trial. I desire
to call the men of my legion who were with me, none of whom I see here
to-day except that man who has given evidence against me, a rogue
whom, I remember, I caused to be scourged for theft, and dismissed his
company. But they are in Egypt, so how can I summon them? As for the
Jew, he is an old enemy of mine, who was guilty of murder in his youth,
and whom once I overcame in a duel in Judaea, sparing his life. It is
true that when my back was turned he struck me with his sword, and as I
flew at him smote me a blow upon the head, from the effects of which I
became senseless. In this state I was taken prisoner and lay for weeks
sick in a vault, in the care of some people of the Jews, who nursed me.
From them I escaped to Rome, desiring to report myself to Titus Caesar,
my master. I appeal to Titus Caesar."

"He is absent and I represent him," said Domitian.

"Then," answered Marcus, "