evening he frankly advised his gloomy client to sell his property in Rome for the best price he could get, and convert his assets into jewellery or anything portable that he could carry into exile. 'You must brace yourself for the worst.'
I shall not describe all the details of the trial. Suffice it to say that even though Cicero tried every trick he knew to discredit Rufus's case, he barely left a scratch on it, and the witnesses Hybrida produced in his own defence were uniformly feeble – mostly his old drinking companions, or officials he had bribed to lie. By the end of the fourth day, the only question was: should Cicero call on Hybrida to testify, in the hope at least of eliciting some sympathy from the jury; or should Hybrida cut his losses, leave Rome quietly before the verdict, and thus spare himself the humiliation of being jeered out of the city? Cicero took Hybrida into his library to make a decision.
'What do you think I should do?' asked Hybrida.
'I would leave,' answered Cicero, who was desperate to put an end to his own ordeal. 'It's possible your testimony could make matters even worse. Why give Rufus the satisfaction?'
Hybrida broke down. 'What did I ever do to that young man that he should seek to destroy me in such a fashion?' Tears of self-pity trickled down his plump cheeks.
'Now, Hybrida, compose yourself and remember your illustrious ancestors.' Cicero reached across and patted his knee. 'Besides, it's nothing personal. He's simply a clever young man from the provinces, ambitious to rise in the world. In many ways, he reminds me of myself at that age. Unfortunately, you just happen to provide him with the best means of making his name – just as Verres did for me.'
'Damn him,' said Hybrida suddenly, straightening his back. 'I shall testify.'
'Are you certain you are up to it? Cross-examination can be a brutal business.'
'You undertook to defend me,'said Hybrida, at last showing some of his old spirit, 'and I want to put up a defence, even if I lose.'
'Very well,' said Cicero, doing his best to disguise his disappointment. 'In that case we must rehearse your testimony, and that will take us some time. Tiro, you had better bring the senator some wine.'
'No,' said Hybrida firmly. 'No wine. Not tonight. I spent my entire career drunk; I shall at least end it sober.'
And so we worked late into the night, practising what Cicero would ask and how Hybrida would respond. After that, Cicero played the part of Rufus, throwing the most unpleasant questions he could devise at his former colleague, and helping him frame the least incriminating answers. I was surprised by how quick on the uptake Hybrida was when he put his mind to it. The two men went to bed at midnight – Hybrida sleeping under Cicero's roof – and got up at dawn to resume their preparation. Afterwards, as we were walking down to the court with Hybrida and his attendants ahead of us, Cicero said, 'I begin to see why he rose so high in the first place. If only he could have shown such grip earlier, he would not now be facing ruin.'
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.