L. Lucretius, the consul of the previous year, in the splendour of his newly-won glory, associated Caeso with his own claim to distinction, enumerated the actions in which he had taken part, recounted his brilliant exploits on the march and in the field, and did his utmost to persuade them to retain
as their own fellow-citizen a young man furnished with every advantage that nature and fortune could give, who would be an immense power in any state of which he became a member, rather than drive him to an alien people.
As to what had given such offence —his hot temper and audacity —these faults were being continually lessened; what was wanting in him —prudence —was increasing day by day. As his faults were decaying and his virtues maturing, they ought to allow such a man to live out his years in the commonwealth.
Among those who spoke for him was his father, L. Quinctius Cincinnatus. He did not go over all his merits again, for fear of aggravating the feeling against him, but he pleaded for indulgence to the errors of youth; he himself had never injured any one either by word or deed, and for his own sake he implored them to pardon his son.
Some refused to listen to his prayers, lest they should incur the displeasure of their friends; others complained of the maltreatment they had received, and by their angry replies showed beforehand what their verdict would be.
Over and above the general exasperation, one charge in particular weighed heavily against him. M. Volscius Fictor, who had some years previously been tribune of the plebs, had come forward to give evidence that not long after the epidemic had visited the City, he had met some young men strolling in the Suburra.
A quarrel broke out and his elder brother, still weak from illness, was knocked down by a blow from Caeso's fist, and carried home in a critical condition, and afterwards died, he believed, in consequence of the blow.
He had not been allowed by the consuls, during the years that had elapsed, to obtain legal redress for the outrage. Whilst Volscius was telling this story in a loud tone of voice, so much excitement was created that Caeso was very near losing his life at the hands of the people. Verginius ordered him to be arrested and taken to prison. The patricians met violence by violence.
T. Quinctius called out that when the day of trial has been fixed for any one indicted on a capital charge and is near at hand, his personal liberty ought not to be interfered with before the case is heard and sentence given.
The tribune replied that he was not going to inflict punishment upon a man not yet found guilty; but he should keep him in prison till the day of the trial, that the Roman people might be in a position to punish one who has taken a man's life.
The other tribunes were appealed to, and they saved their prerogative by
a compromise;