The evidence being concluded, Marcus was asked if he had anything to say in defence.

“Much,” he answered proudly, “when I am given a fair trial.  I desire to call the men of my legion who were with me, none of whom I see here to-day except that man who has given evidence against me, a rogue whom, I remember, I caused to be scourged for theft, and dismissed his company.  But they are in Egypt, so how can I summon them?  As for the Jew, he is an old enemy of mine, who was guilty of murder in his youth, and whom once I overcame in a duel in Judaea, sparing his life.  It is true that when my back was turned he struck me with his sword, and as I flew at him smote me a blow upon the head, from the effects of which I became senseless.  In this state I was taken prisoner and lay for weeks sick in a vault, in the care of some people of the Jews, who nursed me.  From them I escaped to Rome, desiring to report myself to Titus Caesar, my master.  I appeal to Titus Caesar.”

“He is absent and I represent him,” said Domitian.

“Then,” answered Marcus, “I appeal to Vespasian Caesar, to whom I will tell all.  I am a Roman noble of no mean rank, and I have a right to be tried by Caesar, not by a packed court, whose president has a grudge against me for private matters.”

“Insolent!” shouted Domitian.  “Your appeal shall be laid before Caesar, as it must—­that is, if he will hear it.  Tell us now, where is that woman whom you bought in the Forum, for we desire her testimony?”

“Prince, I do not know,” answered Marcus.  “It is true that she came to my house, but then and there I gave her freedom and she departed from it with her nurse, nor can I tell whither she went.”

“I thought that you were only a coward, but it seems that you are a liar as well,” sneered Domitian.  Then he consulted with the officers and added, “We judge the case to be proved against you, and for having disgraced the Roman arms, when, rather than be taken prisoner, many a meaner man died by his own hand, you are worthy of whatever punishment it pleases Caesar to inflict.  Meanwhile, till his pleasure is known, I command that you shall be confined in the private rooms of the military prison near the Temple of Mars, and that if you attempt to escape thence you shall be put to death.  You have liberty to draw up your case in writing, that it may be transmitted to Caesar, my father, together with a transcript of the evidence against you.”

“Now,” replied Marcus bitterly, “I am tempted to do what you say I should have done before, die by my own hand, rather than endure such shameful words and this indignity.  But that my honour will not suffer.  When Caesar has heard my case and when Titus, my general, also gives his verdict against me, I will die, but not before.  You, Prince, and you, Captains, who have never drawn sword outside the streets of Rome, you call me coward, me, who have served with honour through five campaigns, who, from