ch more numerous than those of Clodius when the meeting
took place; but those of Clodius had been very much better prepared for
fighting. When Cicero began to address the judges, the partisans of
Clodius could not be induced to abstain from riot even by fear of the
soldiery; so that he was unable to speak with his accustomed firmness."
Such is the account as given by Asconius, who goes on to tell us that
out of the fifty-one judges thirty-eight condemned Milo and only
thirteen were for acquitting him. Milo, therefore, was condemned, and
had to retire at once into exile at Marseilles.
It seems to have been acknowledged by the judges that Clodius had not
been wounded at first by any connivance on the part of Milo; but they
thought that Milo did direct that Clodius should be killed during the
fight which the slaves had commenced among themselves. As far as we can
take any interest in the matter we must suppose that it was so; but we
are forced to agree with Brutus that the killing of Clodius was in
itself a good deed done--and we have to acknowledge at the same time
that the killing of Milo would have been as good. Though we may doubt as
to the manner in which Clodius was killed, there are points in the
matter as to which we may be quite assured. Milo was condemned, not for
killing Clodius, but because he was opposed at the moment to the line of
politics which Pompey thought would be most conducive to his own
interests. Milo was condemned, and the death of the wretched Clodius
avenged, because Pompey had desired Hypsaeus to be Consul and Milo had
dared to stand in his way. An audience was refused to Cicero, not from
any sympathy with Clodius, but because it suited Pompey that Milo should
be condemned. Could Cicero have spoken the words which afterward were
published, the jury might have hesitated and the criminal might have
been acquitted. Caesar was absent, and Pompey found himself again lifted
into supreme power--for a moment. Though no one in Rome had insulted
Pompey as Clodius had done, though no one had so fought for Pompey as
Cicero had done, still it suited Pompey to avenge Clodius and to punish
Cicero for having taken Milo's part in regard to the consulship. Milo,
after his condemnation for the death of Clodius, was condemned in three
subsequent trials, one following the other almost instantly, for
bribery, for secret conspiracy, and again for violence in the city. He
was absent, but there was no difficulty in ob
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