Roman History, 40.55

Cassius Dio  translated by Earnest Cary

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55In this way Milo was convicted; and so were Rufus and Plancus, as soon as they had finished their term of office, together with numerous others, on account of the burning of the senate-house. Plancus was not saved even by the efforts of Pompey, who was so zealous in his behalf that he sent to the court a pamphlet containing both a eulogy of Milo and an entreaty in his behalf. 2But Marcus Cato, who was to be a juryman, said he would not allow the character-witness to appear to the destruction of his own laws; however, he got no opportunity to cast his vote, since he was rejected by Plancus, who felt sure he would vote for his condemnation. By the laws of Pompey, it should be explained, each of the parties to a suit was allowed to set aside five of the men who were to be on the jury. 3The other jurors, however, voted against Milo, since it did not seem right to them after they had condemned Rufus to acquit Plancus, who was on trial on the same charge; and particularly when they saw Pompey coöperating with him, they became zealous in opposing him, for fear they might be thought to be absolute slaves of his rather than jurymen. 4It should be said that on this occasion, too, Cicero accused Plancus no more successfully than he had defended Milo; for the appearance of the courtroom was the same, and Pompey in each case was advising and acting against him—a circumstance that was important in bringing about another collision between them.

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