Page:The Green Bag (1889–1914), Volume 12.pdf/522

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Hortensius. him is that of being privy to the bribery of judges in the courts where he practised. This, if true, is another of the many proofs of the low standard of Roman morals, but it wants authority to support it. At nineteen years of age he pleaded his first cause, when he spoke in behalf of the province of Africa, and in the name of the inhabitants besought the senate to order the trial of a Roman governor, whom they ac cused of malversation and corruption. A few years afterwards he appeared as counsel for a royal client, Nicomedes, King of Bithynia, who, being expelled by his brother from the throne, implored the assistance of the Roman Arms, and Hortensius successfully advocated his prayer in the senate. One of his most celebrated efforts was his defense of Dolabella, Cn. F. who was accused by Julius Caesar of extortion and corruption. He acted as junior on this occasion to Cotta, but so far eclipsed him, that he appeared to be really the leader at the trial. The fault of Cotta was want of fire and energy. He was too languid for the sharp conflict of the bar. "For the crowd and bustle of the forum re quire a speaker, energetic, spirited, alert, and powerful in voice." Their efforts were suc cessful, and Dolabella was acquitted. In the great case against Verres, which of all the trials of antiquity bears the nearest resemblance to the impeachment of Warren Hastings, Cicero appeared for the prosecu tion and Hortensius for the defense. His speech, now unhappily lost, existed in the time of Quintilian, from whom we learn that it would not bear comparison with that of his opponent; but at the outset of the case Ci cero paid the highest compliment to his elo quence and skill. A preliminary question had arisen as to who ought to conduct the prosecution, and Q. Caecilius had the te merity to claim that right, as having been quaestor of the province of Sicily more re cently than Cicero, and therefore entitled to appear for the inhabitants in preference to him. But Cicero effectually disposed of his

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pretensions in a speech which, for cutting sarcasm and irony, has never been surpassed. It suited his purpose to exaggerate the mer• its of Hortensius in order to contrast them more strongly with the defects of Caecilius. And what more ludicrous effect of the dis parity between them can be imagined than a confused and erroneous suspicion produced in the mind of the prosecuting counsel by the speech of his opponent, that the client whom that opponent defends is innocent? Yet, this is what Cicero suggests. Address ing Caecilius he says : " Ipse perfecto metiicre incipics ne innocenti pcrictilum faccsscris" Of the very few good jokes ever perpetrated by Cicero—and his frequent attempts de served a better fate—one of the best was made at the expense of Hortensius, at this trial. The latter was known (in violation of the Cincian law, which required the services of advocates at Rome to be gratuitous) to have received as a present from his client a valuable image of the Sphinx, one of the spoils of his Sicilian government. While Cicero was examining a witness, Hortensius said : " You speak riddles. I cannot under stand you." "Well," rejoined Cicero, " that is odd, for you have a sphinx at home to solve them." In other causes Hortensius was more fortunate in having Cicero as his colleague. They were associated in the defense of C. Rabinius, who was charged with having caused the death of a tribune of the com mons, and Licinius Murena and Publius Sylla, who were both at different times ac cused of bribery and corruption in canvass ing for the consulship, had these illustrious orators for their counsel. But the results were different; Murena was acquitted and retained his office, Sylla was convicted and deprived of it. Together, also, they de fended L. Flaccus, who was charged with maladministration of the province of Asia Minor, of which he had been for three years governor, and L. Sextus, accused of tumultu ary violence in a riot occasioned by the Clo