on the opening day, on the bench next to Hortensius. Caesar's ex-wife had prudently withdrawn from Rome to avoid giving evidence, but the chief priest's mother, Aurelia, and his sister, Julia, both came forward to act as witnesses, and identified Clodius as the man who had invaded the sacred rites. Aurelia made an especially strong impression, as she pointed her talon-like finger at the accused, sitting no more than ten feet from her, and insisted in her hard voice that the Good Goddess must be placated by his exile or disaster would descend on Rome. That was the first day.
On the second, Caesar followed her on to the witness stand, and I was struck again by the similarities between mother and son – tough and sinewy, and confident beyond mere arrogance, to a point where all men, aristocrat or plebeian, were deemed equally beneath them in their gaze. (This, I think, was why he was always so popular with the people: he was far too superior to be a snob.) Under cross-examination he responded that he could not say what had happened that night, as he had not been present. He added, very coldly, that he bore no particular ill will towards Clodius – in whose direction, however, he did not once look – because he had no idea whether he was guilty or not; clearly, he loathed him. As to his divorce, he could only repeat the answer he had given Cicero in the senate: he had set Pompeia aside not necessarily because she was guilty but because, as the chief priest's wife, she could not be tainted by suspicion. As everyone in Rome knew of Caesar's own reputation, not least his conquest of Pompey's wife, this fine piece of casuistry provoked long and mocking laughter, which he had to endure behind his habitual mask of supreme indifference.
He finished giving evidence and stepped down from the tribunal, coincidentally at exactly the same moment as Cicero rose to leave the audience. They almost walked into one another, and there was no chance of avoiding at least a brief exchange.
'Well, Caesar, you must be glad your testimony is over.'
'Why do you say that?'
'I presume it must have been awkward for you.'
'I never feel awkward. But yes, you're right, I am delighted to put this absurd affair behind me, because now I can set off for Spain.'
'When are you planning to leave?'
'Tonight.'
'But I thought the senate had forbidden the new governors to leave for their provinces until the trial was over?'
'True, but I haven't a moment to lose. The moneylenders are after me. Apparently I somehow have to make twenty-five million sesterces just to own nothing.' He gave a shrug – a gambler's shrug: I remember he seemed quite unconcerned – and sauntered off towards his official residence. Within the hour, accompanied by a small entourage, he was gone, and it was left to Crassus to stand surety for his debts.
Caesar's evidence was entertaining enough. But the real highlight of the proceedings came on the third day of Clodius's trial with the appearance of Lucullus. It is said that at the entrance to Apollo's shrine at Delphi three things are written: 'Know thyself'; 'Desire nothing too much' and 'Never go to law'. Did ever a man so wilfully ignore these precepts as Lucullus in this affair? Forgetting that he was supposed to be a military hero, he ascended the platform trembling with his desire to ruin Clodius, and very soon began to describe how he had surprised his wife in bed with her brother during a vacation when Clodius had been a guest in his house on the Bay of Naples more than a decade earlier. By then he had been watching them together for many weeks, said Lucullus – oh yes, the way they touched one another, and whispered when they thought his back was turned: they took him for a fool – and he had ordered his wife's maids to bring her sheets to him each morning for his inspection and report to him everything he saw. These female slaves, six in all, were summoned into court, and as they filed in, clearly nervous and with their eyes lowered, I saw among them my beloved Agathe, whose image had rarely left my mind in the two years since we were together.
They stood meekly as their depositions were produced, and I willed her to look up and glance in my direction. I waved. I even whistled. The people standing around me must have thought I had gone mad. Finally I cupped my hands to my mouth and yelled her name. She did raise her eyes at that, but there were so many thousands of spectators crammed into the forum, and the noise was so intense, and the glaring sunshine so bright, there can have been little chance of her seeing me. I tried to struggle forward through the packed crowd, but the people in front of me had queued for hours for their places, and they refused to let me pass. In an agony I heard Clodius's counsel announce that they did not wish to challenge these witnesses, as their testimony was not relevant to the case, and the maids were ordered to leave the platform. I watched Agathe turn with the others and descend out of sight.
Lucullus resumed giving evidence and I felt a great hatred well up in me at the sight of this decaying plutocrat who unthinkingly possessed a treasure for which, at that moment, I would have given my life. I was so preoccupied that I briefly lost track of what he was saying, and it was only when I realised that the crowd had started to gasp and laugh with delight that I took notice of his evidence. He was describing how he had concealed himself in his wife's bedchamber and observed her and her brother in the act of fornication: 'dog on bitch', as he put it. Nor, continued Lucullus, ignoring the noise of the crowd, did Clodius confine his base appetites to one sister, but boasted of his conquests of the other two. Bearing in mind that Clodia's husband Celer had just returned from Nearer Gaul to stand for the consulship, this allegation caused a particular sensation. Clodius sat through it all smiling broadly at his former brother-in-law, clearly aware that whatever damage Lucullus imagined he was doing to him, he was actually inflicting far more harm on his own reputation. That was the third day, and at the end of it the prosecution rested its case. I lingered after the court had been adjourned in the hope of seeing Agathe again, but she had been taken away.
On the fourth day, the defence began the job of trying to extricate Clodius from this morass of filth. It seemed a hopeless task, for no one, not even Curio, was in serious doubt of his client's guilt of the actual offence. Nevertheless, he did his best. The core of his case was that the whole episode had been a simple matter of mistaken identity. The lights had been dim, the women hysterical, the intruder disguised – how could anyone be sure it was Clodius? It was hardly a convincing line. But then, just as the morning was nearing its end, Clodius's side produced a surprise witness. A man named C. Causinius Schola, a seemingly respectable citizen from the town of Interamna, some ninety miles from Rome, came forward to say that on the night in question, Clodius had actually been with him in his home. Even under cross-examination he was quite unshakeable on this point, and although his was only one voice set against a dozen on the other side, including the firm testimony of Caesar's own mother, he cut a strangely believable figure.
Cicero, who was watching from the senators' benches, beckoned me over to him. 'This fellow is either lying or insane,' he whispered. 'On the day of the Good Goddess ceremony, surely Clodius came to see me? I recall having an argument with Terentia about his visit.'
Now that he mentioned the occasion, I remembered it as well, and I confirmed he was correct.
'What's all this?' asked Hortensius, who was, as usual, sitting next to Cicero and had been trying to listen to our conversation.
Cicero turned to him. 'I was saying that Clodius was in my house that day, so how could he possibly have reached Interamna by nightfall? His alibi is preposterous.' He spoke entirely without premeditation; had he thought about the implications of what he was saying, he would have been more cautious.
'Then you must testify,' responded Hortensius at once. 'This witness needs to be destroyed.'
'Oh no,' said Cicero quickly, 'I told you at the start, I want no part of it,' and beckoning to me to follow, he got up at once and left the forum, accompanied by the two well-muscled slaves who these days acted as his guard. 'That was stupid of me,' he said as we climbed the hill to his house. 'I must be getting old.' Behind us I could hear the crowd laughing at some point made by one of Clodius's supporters: the weight of evidence might be against him, but the mob was all on his side. I sensed that Cicero was uneasy with the day's proceedings. Quite unexpectedly, the defence seemed to be taking charge.
Once the trial had adjourned for the day, all three of the prosecutors came to see Cicero, along with Hortensius. The instant I saw them I knew what they wanted, and I secretly cursed Hortensius for putting Cicero in this position. I showed them into the garden, where he was sitting with Terentia, watching little Marcus play with a ball. It was a perfect late afternoon in early summer. The air was fragrant with blossom and the sounds rising from the forum were as drowsy and indistinct as insects humming in a meadow.
'We need you to testify,' began Crus, who was the lead counsel.
'I suspected you were going to say that,' replied Cicero, with an angry look at Hortensius. 'And I think you
