. But some, through respect or fear, turned away from
listening to his entreaties; others complaining that themselves and
their friends had been ill-treated, by the harshness of their answer
declared their sentence beforehand.

13. Independently of the general odium, one charge bore heavily on the
accused; that Marcus Volscius Fictor, who some years before had been
tribune of the people, had come forward as a witness: "that not long
after the pestilence had been in the city, he had fallen in with a party
of young men rioting in the Suburra; that a scuffle arose there; and
that his elder brother, not yet perfectly recovered from his illness,
had fallen down almost dead, being struck with the fist by Caeso; that he
was carried home between the hands of some persons, and that he
considered that he died from that blow; and that it had not been
permitted to him by the consuls of former years to follow up the
matter." In consequence of Volscius vociferating these charges, the
people became so excited, that Caeso was near being killed through the
violence of the people. Virginius orders him to be seized and carried to
prison. The patricians oppose force to force. Titus Quintius exclaims,
"that a person for whom a day of trial for a capital offence has been
appointed, and whose trial was now at hand, ought not to be outraged
before trial and without sentence being passed." The tribune says, "that
he would not inflict punishment[117] on him before condemnation, that he
would however keep him in prison until the day of trial; that the Roman
people may have an opportunity of inflicting punishment on one who had
killed a man." The tribunes being appealed to, secure their prerogative
by adopting a middle course;[118] they forbid his being thrown into
confinement, and declare it to be their wish that the accused should
appear on his trial, and that a sum of money should be promised to the
people, in case he should not appear. How large a sum of money ought to
be promised, came under discussion: that is referred to the senate. The
accused was detained in the public assembly, until the patricians should
be consulted: it was determined that he should give bail:[119] each bail
they bound to the amount of three thousand _asses_; how many should be
given, was left to the tribunes; they limited the number to ten; for ten
sureties the prosecutor discharged the accused. He was the first who
gave public sureties. Being discharged from the forum