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“So what did you do?”

“Naturally, I went at once.”

“And what was the scene?”

“There were perhaps a hundred people crying out that Herennius was a Roman citizen and could not be executed without a proper trial.”

“How did you all know that Herennius was a Roman? Was he not a banker from Spain?”

“Many of us knew him personally. Although he had business in Spain, he had been born to a Roman family in Syracuse and had grown up in the city.”

“And what was Verres’s response to your pleas?”

“He ordered Herennius to be beheaded immediately.”

There was a groan of horror around the court.

“And who dealt the fatal blow?”

“The public executioner, Sextius.”

“And did he make a clean job of it?”

“I am afraid he did not, no.”

“Clearly,” said Cicero, turning to the jury, “he had not paid Verres and his gang of thieves a large enough bribe.”

For most of the trial, Verres had sat slumped in his chair, but on this morning, fired by drink, he jumped up and began shouting that he had never taken any such bribe. Hortensius had to pull him down. Cicero ignored him and went on calmly questioning his witness.

“This is an extraordinary situation, is it not? A hundred of you vouch for the identity of this Roman citizen, yet Verres does not even wait an hour to establish the truth of who he is. How do you account for it?”

“I can account for it easily, senator. Herennius was a passenger on a ship from Spain that was impounded with all its cargo by Verres’s agents. He was sent to the Stone Quarries, along with everyone else on board, then dragged out to be publicly executed as a pirate. What Verres did not realize was that Herennius was not from Spain at all. He was known to the Roman community in Syracuse and would be recognized. But by the time Verres discovered his mistake, Herennius could not be allowed to go free, because he knew too much about what the governor was up to.”

“Forgive me, I do not understand,” said Cicero, playing the innocent. “Why would Verres want to execute an innocent passenger on a cargo ship as a pirate?”

“He needed to show a sufficient number of executions.”

“Why?”

“Because he was being paid bribes to let the real pirates go free.”

Verres was on his feet again shouting that it was a lie, and this time Cicero took a few paces toward him. “A lie, you monster? A lie? Then why in your own prison records does it state that Herennius was released? And why do they further state that the notorious pirate captain Heracleo was executed, when no one on the island ever saw him die? I shall tell you why-because you, the Roman governor, responsible for the safety of the seas, were all the while taking bribes from the very pirates themselves!”

“Cicero, the great lawyer, who thinks himself so clever!” said Verres bitterly, his words slurred by drink. “Who thinks he knows everything! Well, here is something you do not know. I have Heracleo in my private custody, here in my house in Rome, and he can tell you all himself that it is a lie!”

Amazing now, to reflect that a man could blurt out something so foolish, but the facts are there-they are in the record-and amid the pandemonium in court, Cicero could be heard demanding of Glabrio that the famous pirate be fetched from Verres’s house by the lictors and placed in proper official custody, “for the public safety.” Then, while that was being done, he called as his second witness of the day Gaius Numitorius. Privately I thought that Cicero was rushing it too much: that he could have milked the admission about Heracleo for more. But the great advocate had sensed that the moment of the kill had arrived, and for months, ever since we had first landed in Sicily, he had known exactly the blade he wished to use. Numitorius swore an oath to tell the truth and took the stand, and Cicero quickly led him through his testimony to establish the essential facts about Publius Gavius: that he was a merchant traveling on a ship from Spain; that his ship had been impounded and the passengers all taken to the Stone Quarries, from which Gavius had somehow managed to escape; that he had made his way to Messana to take a ship to the mainland, had been apprehended as he went aboard, and had been handed over to Verres when he visited the town. The silence of the listening multitudes was intense.

“Describe to the court what happened next.”

“Verres convened a tribunal in the forum of Messana,” said Numitorius, “and then he had Gavius dragged before him. He announced to everyone that this man was a spy, for which there was only one just penalty. Then he ordered a cross set up overlooking the straits to Regium, so that the prisoner could gaze upon Italy as he died, and had Gavius stripped naked and publicly flogged before us all. Then he was tortured with hot irons. And then he was crucified.”

“Did Gavius speak at all?”

“Only at the beginning, to swear that the accusation was not true. He was not a foreign spy. He was a Roman citizen, a councillor from the town of Consa, and a former soldier in the Roman cavalry, under the command of Lucius Raecius.”

“What did Verres say to that?”

“He said that these were lies and commanded that the execution begin.”

“Can you describe how Gavius met his dreadful death?”

“He met it very bravely, senator.”

“Like a Roman?”

“Like a Roman.”

“Did he cry out at all?”

“Only while he was being whipped and he could see the irons being heated.”

“And what did he say?”

“Every time a blow landed, he said, ‘I am a Roman citizen.’”

“Would you repeat what he said, more loudly please, so that all can hear.”

“He said, ‘I am a Roman citizen.’”

“So just that?” said Cicero. “Let me be sure I understand you. A blow lands”-he put his wrists together, raised them above his head, and jerked forward, as if his back had just been lashed-“and he says through gritted teeth, ‘I am a Roman citizen.’ A blow lands”-and again he jerked forward-“‘I am a Roman citizen.’ A blow lands. ‘I am a Roman citizen.’”

The flat words of my transcript cannot hope to convey the effect of Cicero’s performance upon those who saw it. The hush around the court amplified his words. It was as if all of us now were witnesses to this monstrous miscarriage of justice. Some men and women-friends of Gavius, I believe-began to scream, and there was a growing swell of outrage from the masses in the Forum. Yet again, Verres shook off Hortensius’s restraining hand and stood up. “He was a filthy spy!” he bellowed. “A spy! He only said it to delay his proper punishment!”

“But he said it!” said Cicero triumphantly, wheeling on him, his finger jabbing in outrage. “You admit he said it! Out of your own mouth I accuse you-the man claimed to be a Roman citizen, and you did nothing! This mention of his citizenship did not lead you to hesitate or delay, even for a little, the infliction of this cruel and disgusting death! If you, Verres, had been made a prisoner in Persia or the remotest part of India and were being dragged off to execution, what cry would you be uttering, except that you were a Roman citizen? What then of this man whom you were hurrying to his death? Could not that statement, that claim of citizenship, have saved him for an hour, for a day, while its truth was checked? No it could not-not with you in the judgment seat! And yet the poorest man, of humblest birth, in whatever savage land, has always until now had the confidence to know that the cry ‘I am a Roman citizen’ is his final defense and sanctuary. It was not Gavius, not one obscure man, whom you nailed upon that cross of agony: it was the universal principle that Romans are free men!”

The roar that greeted the end of Cicero’s tirade was terrifying. Rather than diminishing after a few moments, it gathered itself afresh and rose in volume and pitch, and I became aware, at the periphery of my vision, of a movement toward us. The awnings under which some of the spectators had been standing began to collapse with a terrible tearing sound. A man dropped off a balcony onto the crowd. There were screams. An unmistakable lynch mob began storming the steps to the platform. Hortensius and Verres stood up so quickly in their panic that they knocked over the bench behind them. Glabrio could be heard yelling that the court was adjourned, then he and his lictors hastened up the remaining steps toward the temple, with the accused and his eminent counsel in undignified pursuit. Some of the jury also fled into the sanctuary of the holy building (but not Catulus: I distinctly remember him standing like a sharp rock, staring unflinchingly ahead, as the current of bodies broke and swirled around him). The heavy bronze doors slammed shut. It was left to Cicero to try to restore order by climbing onto his own bench and gesturing for calm, but four or five men, rough-looking fellows, ran up and seized his legs and lifted him away. I was terrified, both for his safety and my own, but he stretched out his arms as if he was embracing the whole world. When they had settled him on their shoulders they spun him around to face the Forum. The blast of applause was like the opening of a furnace door and the chant of “Cic-er-o! Cic-er-o! Cic-er-o!” split the skies of Rome.

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