another, charges of murder; and, just as is the case among us, each
judge had a jury, who gave their verdict on the evidence which they had
heard. But this verdict was not, as with us, the verdict of the whole
jury, given only if all can be induced to agree, but of the majority.
Each juryman wrote his opinion on a little tablet of wood, putting A.
(_absolvo_, "I acquit") if he thought the accused innocent, K.
(_condemno_, "I condemn") if he thought him guilty, and N.L. (_non
liquet_, "It is not clear") if the case seemed suspicious, though there
was not enough evidence to convict.
In the year 66 B.C. a very strange trial took place in the Court of
Poison Cases. A certain Cluentius was accused of having poisoned his
step-father, Oppianicus, and various other persons. Cicero, who was
praetor that year (the praetor was the magistrate next in rank to the
consul), defended Cluentius, and told his client's whole story.
Cluentius and his step-father were both natives of Larinum, a town in
Apulia, where there was a famous temple of Mars. A dispute about the
property of this temple caused an open quarrel between the two men, who
had indeed been enemies for some years. Oppianicus took up the case of
some slaves, who were called _Servants of Mars_, declaring that they
were not slaves at all, but Roman citizens. This he did, it would seem,
because he desired to annoy his fellow-townsmen, with whom he was very
unpopular. The people of Larinum, who were very much interested in all
that concerned the splendor of their temple services, resisted the
claim, and asked Cluentius to plead their case. Cluentius consented.
While the cause was going on, it occurred to Oppianicus to get rid of
his opponent by poison. He employed an agent, and the agent put the
matter into the hands of his freedman, a certain Scamander. Scamander
tried to accomplish his object by bribing the slave of the physician who
was attending Cluentius. The physician was a needy Greek, and his slave
had probably hard and scanty fare; but he was an honest man, and as
clever as he was honest. He pretended to accept the offer, and arranged
for a meeting. This done, he told the whole matter to his master the
physician, and the physician told it again to his patient. Cluentius
arranged that certain friends should be present in concealment at the
interview between the slave and his tempter. The villain came, and was
seized with the poison and a packet of money, sealed with h
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