accused.[2] Verres secured Hortensius. He too
was a great orator; Cicero had chosen him as the model
which he would imitate, and speaks of him as having
been a splendid and energetic speaker, full of life
both in diction and action. At that time, perhaps,
his reputation stood higher than that of Cicero himself.
It was something to have retained so powerful an advocate;
it would be still more if it could be contrived that
the prosecutor should be a less formidable person.
And there was a chance of contriving this. A certain
Caecilius was induced to come forward, and claim for
himself, against Cicero, the duty of prosecuting the
late governor of Sicily. He too had been a quaestor
in the province, and he had quarreled, or he pretended
that he had quarreled, with Verres. The first
thing there had to be argued before the court, which,
like our own, consisted of a presiding judge and a
jury, was the question, who was to prosecute, Cicero
or Caecilius, or the two together. Cicero made
a great speech, in which he established his own claim.
He was the choice of the provincials; the honesty of
his rival was doubtful, while it was quite certain
that he was incompetent. The court decided in
his favor, and he was allowed one hundred and ten days
to collect evidence. Verres had another device
in store. This time a member of the Senate came
forward and claimed to prosecute Verres for misdoings
in the province of Achaia in Greece. He wanted
one hundred and eight days only for collecting evidence.
If this claim should be allowed, the second prosecution
would be taken first; of course it was not intended
to be serious, and would end in an acquittal.
Meanwhile all the available time would have been spent,
and the Sicilian affair would have to be postponed
till the next year. It was on postponement indeed
that Verres rested his hopes. In July Hortensius
was elected consul for the following year, and if
the trial could only be put off till he had entered
upon office, nothing was to be feared. Verres
was openly congratulated in the streets of Rome on
his good fortune. “I have good news for
you,” cried a friend; “the election has
taken place and you are acquitted.” Another
friend had been chosen praetor, and would be the new
presiding judge. Consul and praetor between them
would have the appointment of the new jurors, and
would take care that they should be such as the accused
desired. At the same time the new governor of
Sicily would be also a friend, and he would throw
judicious obstacles in the way of the attendance of
witnesses. The sham prosecution came to nothing.
The prosecutor never left Italy. Cicero, on the
other hand, employed the greatest diligence.
Accompanied by his cousin Lucius he visited all the
chief cities of Sicily, and collected from them an
enormous mass of evidence. In this work he only
spent fifty out of the hundred and ten days allotted
to him, and was ready to begin long before he was
expected.
[Footnote 2: So Horace compliments a friend on being “the illustrious safeguard of the sad accused.”]