Deuteros was standing at Swallow’s elbow as he wrapped himself, sucking his lower lip. “I guess I don’t see any reason to change our vote,” he said.
“Why would we?” replied Swallow. “The defense hasn’t spoken yet.”
“Do you think it’ll matter?”
“It will to me. Gimme that bread.”
“So what does Swallow say about the trial?” someone asked. Others seconded the question, until every face was turned toward Swallow. As one of the most experienced jurymen, he was presumed to have seen and heard it all since the dictatorship of the Thirty. Swallow knew this was an exaggeration-he wasn’t that old-but didn’t exactly discourage their esteem either.
“I am surprised at nothing from Aeschines,” he said. “Except perhaps the timing of his prosecution. Why does he bring the charges now, so soon after Machon has come back? Why did he not wait until more witnesses returned from the east, so he could present live testimony? I am never comfortable with indicting a man on the basis of something in a letter.”
The jurors stood pensively at their trough. Swallow continued, “I think that what we were expected to understand was not in the speech at all. And the winner, if the verdict is guilty, will not be Aeschines.”
The silence lasted a bit longer as his fellow citizens took his meaning, or realized they never would. The argument then resumed as to which school of rhetorical style Aeschines’ speech was best classified.
When they returned to their seats the man who brought the lamb was still unconscious on the floor. He had missed the entire prosecution, and looked comfortable enough lying there to miss the defense too. There was a certain fairness in this, it seemed.
Aeschines was sitting now with a plate of figs and myrtle berries. He ate with his eyes glued to Machon, who likewise had not moved, but sat staring narrowly at this feet, as if refusing to gratify his opponent by glaring back. As the clerk gaveled the courtroom to order the defendant finally looked up, his eyes sweeping over the mob that would decide his fate. Though Swallow believed Aeschines’ case was a tissue of presumption and innuendo, he’d said one thing that was clearly true: Machon had his work cut out for him.
“Having considered the case for the indictment,” said Polycleitus, “the court will now hear the defense. Does the defendant wish to speak?”
“I claim that privilege,” said Machon, rising. He turned out to be short-so short, in fact, many of the jurors in the back of the room would not see him at all. His voice also had a much higher pitch than one would imagine from his martial appearance.
“Very well. You have the usual measure of time.”
For a moment Machon did not speak, but just stood there with his palms turned upward, as if to beseech heaven, or to express his wonderment at the mess Aeschines had placed before them all. There were a few titters from the left side of the room, toward which Machon, in a clever gesture of confidence, actually winked. Swallow glanced at the Macedonians in the spectator’s box: they were scowling. All this suddenly filled Swallow with anticipation-he leaned over to Deuteros.
“This might be something,” he whispered.