Lustrum

When we reached the comitium, Hybrida called out cheerfully, 'This is how it was in the time of our joint consulship, Cicero, when we stood shoulder to shoulder to save the republic!' The two men then went up on to the platform, where the court was waiting, and when Cicero announced that he would be calling Hybrida as his final witness, a stir of antici pation ran through the jury. I saw Rufus sit forward on his bench and whisper something in the ear of his secretary, and the man picked up his stylus.

Hybrida was quickly sworn in, and Cicero took him through the questions they had rehearsed, beginning with his military experience under Sulla a quarter of a century before, and dwelling especially on his loyalty to the state at the time of Catilina's conspiracy.

'You laid aside considerations of past friendship, did you not,' asked Cicero, 'to take command of the senate's legions that finally crushed the traitor?'

'I did.'

'And you sent back the monster's head to the senate as proof of your actions?'

'I did.'

'Mark that well, gentlemen,' said Cicero, addressing the jury. 'Is that the action of a traitor? Young Rufus over there supported Catilina – let him deny it – and then fled from Rome to avoid sharing in his fate. Yet now he has the nerve to come creeping back into the city and accuse of treason the very man who rescued us from ruin!' He turned back to Hybrida. 'After crushing Catilina, you relieved me of the burden of governing Macedonia, so that I could devote myself to extinguishing the last embers of the conspiracy?'

'I did.'

And so it went on, with Cicero leading his client through his testimony like a father leading a child by the hand. He prompted him to describe how he had raised revenue in Macedonia through entirely legal means, accounted for every penny, raised and equipped two legions, and led them on a hazardous expedition eastwards through the mountains to the Black Sea. He painted a terrifying picture of warlike tribes – Getians, Bastarns, Histrians – harrying the Roman column as it marched along the Danube valley.

'The prosecution alleges that when you heard there was a large enemy force ahead, you split your force in two, taking the cavalry with you to safety and leaving the infantry undefended. Is that true?'

'Not at all.'

'You were in fact bravely pursuing the Histrian army, is that correct?'

'That's right.'

'And while you were away, the Bastarn forces crossed the Danube and attacked the infantry from the rear?'

'True.'

'And there was nothing you could do?'

'I am afraid there was not.' Hybrida lowered his head and wiped his eyes, as Cicero had instructed him.

'You must have lost many friends and comrades at the hands of the barbarians.'

'I did. A great many.'

After a long pause, during which there was complete silence in the court, Cicero turned to the jury. 'The fortunes of war, gentlemen,' he said, 'can be cruel and capricious. But that is not the same as treason.'

As he resumed his seat there was prolonged applause, not only from the crowd but among the jury, and for the first time I dared to hope that Cicero's skill as an advocate might once again have saved the day. Rufus smiled to himself and took a sip of wine and water before getting to his feet. He had an athlete's way of loosening his shoulders by linking his hands behind his head and rotating his upper torso from side to side. Watching him do it then, just before he started his cross-examination, the years seemed to fall away, and suddenly I remembered how Cicero used to send him running errands across the city and tease him for the looseness of his clothes and the length of his hair. And I recalled how the boy would steal money from me and stay out all night drinking and gambling, and yet how hard it was to feel angry with him for long. What pattern of ambition's twisting paths had brought us each to this place?

Rufus sauntered over to the witness stand. He was entirely without nerves. He might have been meeting a friend at a tavern. 'Do you have a good memory, Antonius Hybrida?'

'I do.'

'Well then, I expect you remember a slave of yours who was murdered on the eve of your consulship.'

A look of great mystification passed across Hybrida's face and he glanced across in puzzlement towards Cicero. 'I'm not sure that I do. One's had so many slaves over the years…'

'But you must remember this slave?' persisted Rufus. 'A Smyrnan? Twelve years old or thereabouts? His body was dumped in the Tiber. Cicero was there when his remains were discovered. His throat had been cut and his intestines removed.'

There was a gasp of horror around the court, and I felt my mouth go dry, not only at the memory of that poor lad, but at the realisation of where this chain of questioning might lead. Cicero saw it too. He jumped up in alarm and appealed to the praetor, 'This is irrelevant, surely? The death of a slave more than four years ago can have nothing to do with a lost battle on the shores of the Black Sea.'

'Let the prosecutor ask his question,' ruled Clodianus, and then added philosophically: 'I have found in life that all sorts of things are often linked.'

Hybrida was still looking hopelessly at Cicero. 'I believe perhaps I do remember something of the sort.'

'I should hope so,' responded Rufus. 'It's not every day that a human sacrifice is performed in one's presence! Even for you, I would have thought, with all your abominations, that must have been a rarity.'

'I know nothing about any human sacrifice,' muttered Hybrida.

'Catilina did the killing, and then required you and others present to swear an oath.'

'Did he?' Hybrida screwed up his face as if he were trying to remember some long-forgotten acquaintance. 'No, I don't think so. No, you are mistaken.'

'Yes he did. You swore an oath on the blood of that slaughtered child to murder your own colleague as consul – the man who now sits beside you as your advocate!'

These words produced a fresh sensation, and when the cries had died away, Cicero got up. 'Really, this is a pity,' he said, with a regretful shake of his head, 'a great pity, because my young friend was not doing a bad job as prosecutor up to this moment – he was my pupil once, gentlemen, so actually I flatter myself as well as him by conceding it. Unfortunately now he has gone and ruined his own case with an insane allegation. I fear I shall have to take him back to the classroom.'

'I know it is true, Cicero,' retorted Rufus, smiling even more broadly, 'because you told me about it yourself.'

For the barest flicker of an instant, Cicero hesitated, and I saw to my horror that he had forgotten his conversation with Rufus all those years ago. 'You ungrateful wretch,' he spluttered. 'I did no such thing.'

'In the first week of your consulship,' said Rufus, 'two days after the Latin Festival you called me to your house and asked if Catilina had ever talked in my presence of killing you. You told me that Hybrida had confessed to swearing an oath with Catilina on a murdered boy to do precisely that. You asked me to keep my ears open.'

'That is a complete lie!' shouted Cicero, but his bluster did little to dispel the effect of Rufus's cool and precise recollection.

'This is the man you took into your confidence as consul,' continued Rufus, with deadly calmness, pointing at Hybrida. 'This is the man you foisted on the people of Macedonia as their governor – a man you knew to have taken part in a bestial murder, and who had desired your own death. And yet this is the man you defend today. Why?'

'I don't have to answer your questions, boy.'

Rufus strolled over to the jury. 'That is the question, gentlemen: why does Cicero, of all men, who made his reputation attacking corrupt provincial governors, now destroy his good name by defending this one?'

Once again Cicero stretched out a hand to the praetor. 'Clodianus, I am asking you, for heaven's sake, to control your court. This is supposed to be a cross-examination of my client, not a speech about me.'