When early on the following morning Caleb came to his warehouse from thedwelling where he slept, he found waiting for him two men dressed inthe livery of Domitian, who demanded that he would accompany them to thepalace of the prince.
"What for?"
"To give evidence in a trial," they said.
Then he knew that he had made no mistake, that his rival was caught, andin the rage of his burning jealousy, such jealousy as only an Easterncan feel, his heart bounded with joy. Still, as he trudged onwardthrough streets glittering in the morning sunlight, Caleb's consciencetold him that not thus should this rival be overcome, that he who wentto accuse the brave Marcus of cowardice was himself a coward, and thatfrom the lie which he was about to act if not to speak, could spring nofruit of peace or happiness. But he was mad and blind. He could thinkonly of Miriam--the woman whom he loved with all his passionate natureand whose life he had preserved at the risk of his own--fallen at lastinto the arms of his rival. He would wrench her thence, yes, even at theprice of his own honour and of her life-long agony, and, if it might be,leave those arms cold in death, as often already he had striven to do.When Marcus was dead perhaps she would forgive him. At the least hewould occupy his place. She would be his slave, to whom, notwithstandingall that had been, he would give the place of wife. Then, after a littlewhile, seeing how good and tender he was to her, surely she must forgetthis Roman who had taken her girlish fancy and learn to love him.
Now they were passing the door of the palace. In the outer hall Saturiusmet them and motioned to the slaves to stand back.
"So you have them," said Caleb, eagerly.
"Yes, or to be exact, one of them. The lady has vanished."
Caleb staggered back a pace.
"Vanished! Where?"
"I wish that I could tell you. I thought that perhaps you knew. Atleast we found Marcus alone in his house, which he was about to leave,apparently to follow Titus. But come, the court awaits you."
"If she has gone, why should I come?" said Caleb, hanging back.
"I really don't know, but you must. Here, slaves, escort this witness."
Then seeing that it was too late to change his mind, Caleb waved themback and followed Saturius. Presently they entered an inner hall, lofty,but not large. At the head of it, clad in the purple robes of his royalhouse, sat Domitian in a chair, while to his right and left were narrowtables, at which were gathered five or six Roman officers, those ofDomitian's own bodyguard, bare-headed, but arrayed in their mail. Alsothere were two scribes with their tablets, a man dressed in a lawyer'srobe, who seemed to fill the office of prosecutor, and some soldiers onguard.
When Caleb entered, Domitian, who, notwithstanding his youthful,ruddy countenance, looked in a very evil mood, was engaged in talkingearnestly to the lawyer. Glancing up, he saw him and asked:
"Is that the Jew who gives evidence, Saturius?"
"My lord, it is the man," answered the chamberlain; "also the otherwitness waits without."
"Good. Then bring in the accused."
There was a pause, till presently Caleb heard footsteps behind himand looked round to see Marcus advancing up the hall with a proud andmartial air. Their eyes met, and for an instant Marcus stopped.
"Oh!" he said aloud, "the Jew Caleb. Now I understand." Then he marchedforward and gave the military salute to the prince.
Domitian stared at him with hate in his pale eyes, and said carelessly:
"Is this the accused? What is the charge?"
"The charge is," said the lawyer, "that the accused Marcus, a prefectof horse serving with Titus Caesar in Judaea, suffered himself to be takenprisoner by the Jews when in command of a large body of Roman troops,contrary to the custom of the army and to the edict issued by TitusCaesar at the commencement of the siege of Jerusalem. This edictcommanded that no soldier should be taken alive, and that any soldierwho was taken alive and subsequently rescued, or who made good hisescape, should be deemed worthy of death, or at the least of degradationfrom his rank and banishment. My lord Marcus, do you plead guilty to thecharge?"
"First, I ask," said Marcus, "what court is this before which I amput upon my trial? If I am to be tried I demand that it shall be by mygeneral, Titus."
"Then," said the prosecutor, "you should have reported yourself toTitus upon your arrival in Rome. Now he has gone to where he may notbe troubled, leaving the charge of military matters in the hands ofhis Imperial brother, the Prince Domitian, who, with these officers, istherefore your lawful judge."
"Perhaps," broke in Domitian with bitter malice, "the lord Marcus wastoo much occupied with other pursuits on his arrival in Rome to findtime to explain his conduct to the Caesar Titus."
"I was about to follow him to do so when I was seized," said Marcus.
"Then you put the matter off a little too long. Now you can explain ithere," answered Domitian.
Then the prosecutor took up the tale, saying that it had beenascertained on inquiry that the accused, accompanied by an old woman,arrived in Rome upon horseback early on the morning of the Triumph; thathe went straight to his house, which was called "The House Fortunate,"where he lay hid all day; that in the evening he sent out the old womanand a slave carrying on their backs a great sum of gold in baskets,with which gold he purchased a certain fair Jewish captive, known asPearl-Maiden, at a public auction in the Forum. This Pearl-Maiden, itwould seem, was taken to his house, but when he was arrested on themorrow neither she nor the old woman were found there. The accused, hemight add, was arrested just as he was about to leave the house, ashe stated, in order to report himself to Titus Caesar, who had alreadydeparted from Rome. This was the case in brief, and to prove it hecalled a certain Jew named Caleb, who was now living in Rome, havingreceived an amnesty given by the hand of Titus. This Jew was now amerchant who traded under the name of Demetrius.
Then Caleb stood forward and told his tale. In answer to questions thatwere put to him, he related how he was in command of a body of the Jewswhich fought an action with the Roman troops at a place called the OldTower, a few days before the capture of the Temple. In the courseof this action he parleyed with a captain of the Romans, the PrefectMarcus, who now stood before him, and at the end of the parleychallenged him to single combat. As Marcus refused the encounter andtried to run away, he struck him on the back with the back of his sword.Thereon a fight ensued in which he, the witness, had the advantage.Being wounded, the accused let fall his sword, sank to his knees andasked for mercy. The fray having now become general he, Caleb, draggedhis prisoner into the Old Tower and returned to the battle.
When he went back to the Tower it was to find that the captive hadvanished, leaving in his place a lady who was known to the Romans asPearl-Maiden, and who was afterwards taken by them and exposed for salein the Forum, where she was purchased by an old woman whom he recognisedas her nurse. He followed the maiden, having bid for her and beingcurious as to her destination, to a house in the Via Agrippa, which heafterwards learned was the palace of the accused Marcus. That was all heknew of the matter.
Then the prosecutor called a soldier, who stated that he had been underthe command of Marcus on the day in question. There he saw the Jewleader, whom he identified with Caleb, at the conclusion of a parleystrike the accused, Marcus, on the back with the flat of his sword.After this ensued a fight, in which the Romans were repulsed. At the endof it, he saw their captain, Marcus, being led away prisoner. His swordhad gone and blood was running from the side of his head.
The evidence being concluded, Marcus was asked if he had anything to sayin defence.
"Much," he answered proudly, "when I am given a fair trial. I desireto call the men of my legion who were with me, none of whom I see hereto-day except that man who has given evidence against me, a roguewhom, I remember, I caused to be scourged for theft, and dismissed hiscompany. But they are in Egypt, so how can I summon them? As for theJew, 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 hi
s life. It istrue that when my back was turned he struck me with his sword, and as Iflew at him smote me a blow upon the head, from the effects of which Ibecame senseless. In this state I was taken prisoner and lay for weekssick 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 willtell all. I am a Roman noble of no mean rank, and I have a right tobe tried by Caesar, not by a packed court, whose president has a grudgeagainst 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 thatwoman whom you bought in the Forum, for we desire her testimony?"
"Prince, I do not know," answered Marcus. "It is true that she came tomy house, but then and there I gave her freedom and she departed from itwith her nurse, nor can I tell whither she went."
"I thought that you were only a coward, but it seems that you are aliar as well," sneered Domitian. Then he consulted with the officersand added, "We judge the case to be proved against you, and for havingdisgraced the Roman arms, when, rather than be taken prisoner, many ameaner man died by his own hand, you are worthy of whatever punishmentit pleases Caesar to inflict. Meanwhile, till his pleasure is known, Icommand that you shall be confined in the private rooms of the militaryprison near the Temple of Mars, and that if you attempt to escape thenceyou shall be put to death. You have liberty to draw up your case inwriting, that it may be transmitted to Caesar, my father, together with atranscript of the evidence against you."
"Now," replied Marcus bitterly, "I am tempted to do what you say Ishould have done before, die by my own hand, rather than endure suchshameful words and this indignity. But that my honour will not suffer.When Caesar has heard my case and when Titus, my general, also gives hisverdict against me, I will die, but not before. You, Prince, and you,Captains, who have never drawn sword outside the streets of Rome, youcall me coward, me, who have served with honour through five campaigns,who, from my youth till now have been in arms, and this upon theevidence of a renegade Jew who, for years, has been my private enemy,and of a soldier whom I scourged as a thief. Look now upon this breastand say if it is that of a coward!" and rending his robes asunder,Marcus exposed his bosom, scarred with four white wounds. "Call mycomrades, those with whom I have fought in Gaul, in Sicily, in Egypt andin Judaea, and ask them if Marcus is a coward? Ask that Jew even, to whomI gave his life, whether Marcus is a coward?"
"Have done with your boasting," said Domitian, "and hide thosescratches. You were taken prisoner by the Jews--it is enough. You haveyour prayer, your case shall go to Caesar. If the tale you tell is trueyou would produce that woman who is said to have rescued you from theJews and whom you purchased as a slave. When you do this we will takeher evidence. Till then to your prison with you. Guards, remove the manMarcus, called the Fortunate, once a Prefect of Horse in the army ofJudaea."