The Accusers

VIII

‘How could you do that to me, Falco?'

Justinus was chomping his way through a bowl of chicory, olives and goat's cheese. He looked morose. I asked what I had done, knowing he referred to Ursulina Prisca. His brother, who was reading a scroll as if he despised lunch, smirked.

`Vulcan's breath,' Justinus went on. `Your widow is so demanding. She goes nattering on about agnates -'

`Agnates?' Helena looked sceptical. `Is that a disease or a semiprecious stone?'

`Close relatives, other than children, who are next in line to inherit.' Aelianus, for once more efficient than Justinus, must actually be learning up the finer points of inheritance law. Was that in his scroll?

'Ursulina has some claim on the estate of a brother,' I confirmed. `Or she thinks she does.'

`Oh I'm taking her word!' Justinus marvelled. 'Ursulina Prisca has a firm grip on her rights. She knows more law than all the barristers in the Basilica.'

`Why does she need our help then?' Helena managed to put in.

`She wants us to be, as she puts it, the instruments of her legal challenge.'

`Go to court for her?'

`Go to Hades for her!' Justinus moaned, in deep gloom.

`So you accepted the client,' I surmised, laughing at him. `You are a public-spirited soul. The gods will think well of you.'

'Even his wife doesn't think well of him,' Aelianus told me, in a curt tone. The two of them never stopped. They would be wrangling to their graves. Whoever first had the task of pouring the funeral oils over his brother's bones would be obnoxious in the fraternal elegy. `But your litigious old widow fancies the boots off him, so he fell for it.'

I shook my head, ignored the scrapping, and gave instructions for our next move.

`Right. We have done some preliminary exploration, and identified the chief personnel. Now we have to grill the key people, and not let up. With luck we are going in before the witnesses have any more time to confer. There are two Metellus daughters and a son. We have two Camillus sons and a daughter, so I wish I could match you up neatly with opposites – but I cannot send Helena Justina to interview an aedile.'

`We have no evidence that Birdy is a womaniser,' Helena protested. `You don't have to protect me.' Senators' daughters cannot knock on strangers' doors. Her rank barred Helena from visiting strange men.

It had not stopped her visiting me in my seedy informer's apartment – but I knew where that had led. 'Metellus Negrinus is a high-placed official,' I countered. `As a responsible citizen, I am protecting him!'

`You're saving the best for yourself,' she muttered.

`Wrong. I hate corrupt state servants, especially when they hide behind feeble cries of "I had no choice; I was unfairly influenced". No wonder our roads are blocked with dead mules' carcasses and the aqueducts leak. So Helena, can you try to visit Carina, the daughter who is supposed to have stayed aloof from the tricky business?'

`If I can do her sister too. I want to compare them.'

I nodded. `All right. You take Carina and Juliana. Then Justinus, you can apply your charm to their two husbands and do a similar comparison. Their names are Canidianus Rufus and Verginius Laco. I'll take on Saffia's husband.'

`Which?' demanded Helena.

`Both.' I had no intention of letting anyone else interview Metellus Negrinus, whose role in his father's downfall had been so significant; there were curious questions hanging over `good old Lutea' as well. His full name, I had discovered from sources at the Curia, was Lucius Licinius Lutea, and he was thought to be something of a social entrepreneur. I believed it. Not many divorced husbands would personally find a new apartment for a wife who had been married again and who was carrying the new man's child. Either the good old marital discard was risk-obsessed and looking for a scandal, or he was up to something.

`What about me?' wailed Aelianus.

`Stick with researching agnates. I have a hunch that inheritance plays some part in whatever is going on here.'

`What was in the Metellus will?'

`That's been kept rather quiet. Presumably the seven tame senators who witnessed the "suicide" had also previously witnessed the will being signed. I asked the ones I interviewed what was in it. I got nothing. Only the Vestal Virgins with whom the document was lodged during Metellus' lifetime will know details of bequests.'

`If they read it,' Helena said demurely. She pretended to be shocked that I had suggested this.

I grinned. `Sweetheart, Vesta's holy handmaidens devour an aristocratic will within a heartbeat of accepting it for safe keeping.'

`Ooh, Marcus! You don't mean they break the seals?'

`I'll take bets on it.'

Aelianus decided to have lunch after all, like a good son of a patrician house – that is, back at home with his mother. He was learning. He had few useful contacts for our business, but Julia Justa was one he could always call on. His noble mama knew at least one senior Vestal. Julia Justa would never help me in my work, but her favourite son was different. Off he trotted to ask her.

If this failed, I knew one of the more junior Vestal Virgins myself Constantia was a game girl. So friendly, in fact, that in the confines of my home, I preferred not to mention her.

We all worked the case for several days. At the end of that time, we knew what had happened – and what had not happened.

At least, we thought we did.

So, wanting a quick payment into our bank account, we prepared a summary and presented it to Silius Italicus as a job well done:

Evidence Reports in the Accusation against Rubirius Metellus

Interviews with formal witnesses post-death (M. Didius Falco and Q. Camillus Justinus)

Four interviews successfully conducted. Results inconclusive. Metellus was seen dead in his bed, with a pillbox on a side table. Nobody spoke with him about his intentions prior to death. All interviewees claimed suicide was in character, with intent to discommode recent prosecutors and avoid compensation fees.

All seven witnesses are senatorial, so 'above suspicion'.

Attempts to interview remaining three were abandoned; it is believed they would all tell the same story.

Interview with Calpurnia Cara (M. D. Falco)

C.C., wife to Metellus: strong-willed, hostile, resistant to questioning. Claimed to have discussed suicide with deceased; threw burden of proof on to witnesses (see above for flaws in their testimony).

Interview with Saffia Donata (M. D. Falco)

S.D., recently divorced from Metellus Negrinus, son of deceased, and pregnant by him. Not present on day of death. No direct knowledge of event, but maintained the poison used was hemlock.

[Note: Unreliable witness?]

Approach to Rubiria Carina (Helena Justina, for Falco and Associates)

Known as Carina. Younger and allegedly favourite daughter of Metellus, though believed to be distanced at time of his death. Aged thirty or under; mother of three children; holds office as priestess of Ceres in husband's family's summer residence at Laurentum; benefactress of local community at Laurentum (endowed and built a granary); was awarded statue in forum and laudatory plaque by town. These are unusual honours for a woman of her age – unless she controls great personal wealth and is thought to be of impeccable moral character.

Carina appears oddly colourless. This may be the effect of grief for a recently deceased father – or just a dull personality.

R.C. received H.J. briefly in her home, but on learning the purpose of the house call, declined to be interviewed.

Approach to Rubiria Juliana (H.J.)

Known as Juliana. Aged approximately thirty-five; mother of one infant; regular attendee at festival of the Good Goddess with her mother Calpurnia Cara; no known community good works.

Refused to receive H.J.; declined to be interviewed.

Interview with Gnaeus Metellus Negrinus, son of deceased, aka 'Birdy' (M.D.F.)

Approached at his place of work, subject agreed to be interviewed. Questioning took place at length at the aediles' secretaries' office, adjacent to the Rostra.

Negrinus aged about thirty, middle child of the deceased and Calpurnia Cara. Sandy hair, almost studious appearance. A senator since twenty-five (honourably elected 'in his year', with strong family backing to enhance his chances; came second in the field and was highly popular at home.) [Private Note: just shows how dumb the electorate are!] Acted as quaestor in province of Cilicia, nothing known against him. Senate career unremarkable, perhaps due to his rarely attending. With this clean record was elected a curule aedile and appointed to supervise road maintenance. Implicated in corruption trial of his father, though not himself prosecuted, hence failure to remove him from office despite charges of profiteering and contract swindles.

Against expectations, subject responded well to interview. Pleasant, affable, and helpful to our enquiry. Answered all questions put to him. (Interviewer unable to detect whether answers were honest.) Admitted father's 'rather carefree' business practices, denied own involvement in sale of contracts, claimed no knowledge of corruption. Suggested that trial charges were based on technical misunderstandings and exaggeration of minor errors; said witnesses were acting out of jealousy; declined to comment on the motives of the prosecution.

Gave statement that father's suicide was exactly that. Son was present in the bedroom shortly before death, dismissed by father. Denied that the poison used was hemlock, but believed that the cause of death was due to deliberate overdose of some medicine, obtained by father for the purpose of self-destruction (i.e. pills in sardonyx box). Thought medicine would probably have been purchased from family's herbalist, Euphanes [see below].

Calendar of events obtained from Negrinus runs: Rubirius Metellus senior convicted. One week later invoice for compensation arrives from prosecutor, Silius Italicus. One further week of consultation with Paccius Africanus, defence lawyer, results in negative possibilities for evading payment. Simultaneously a clemency appeal to the Emperor is turned down. Metellus determines on suicide. Informs wife and son in morning; death occurs in afternoon; formal witnessing of the body in early evening. Funeral held next day. Will formally read to close family and friends, including the original witnesses, on afternoon of funeral.

Negrinus declined to give details of will. Appeared upset when asked.

Interview with Euphanes, herbalist (M.D.F.)

Subject is a freedman of oriental origin, with usual physical traits of his profession: pallid, spotty, unhealthy looking. Sniffed throughout interview.

Euphanes regularly supplied herbs, spices and medicinal commodities to the Metellus household. Most were for the kitchen. Hemlock never supplied. Normal delivery would be alexanders, mustard seed, poppy seed, small quantities of long pepper, and Greek herbs (rosemary, thyme, cicely, catmint, wild savory). None of these is poisonous. Denied knowledge of Metellus senior's pills. Denied supplying them.

[Accountancy note: a small expense item for a gratuity arises from this interview.]

Approach to Verginius Laco, husband of Carina (Q. C. Justinus, for Falco and Associates)

Subject refused to be interviewed, citing citizen's right to privacy.

Approach to Canidianus Rufus, husband of Juliana (Q. C.J. for Falco Assoc)

Subject refused to be interviewed. Door porter commented, citing filthy temper of subject.

[Item: a quadrans to porter.]

Interview with Claudius Tiasus, undertaker, of the Fifth Region (Aulus Camillus Aelianus)

Tiasus runs a busy professional firm, operating out of a street below the Embankment. They were hired to carry the body of Rubirius Metellus to the family tomb, a mausoleum on the Via Appia, which Tiasus described as a dank old shack with a mock pyramid on the roof. There they performed the usual obsequies. They had previously acted for the family on the death of the grandfather (died of old age, about five years ago).

Metellus Negrinus presided at cremation of his father, assisted by Canidianus Rufus, a brother-in-law, together with another man, said to be a close friend of Negrinus. The body was burned, in accordance with custom, then its ashes gathered by the son and placed in an urn within the mausoleum (the urn was provided by the family, not purchased from Claudius Tiasus; it was a large green glass funerary jar, with a lid.)

They had ordered the full ceremonials: a master of ceremonies, flutes and tubas, a procession of female mourners, men carrying the masks of ancestors, and satirical clowns abusing the memory of the dead man.

Interviewer was refused access to staff or attendants from the funeral. Attempt to gain communication was viewed as bad taste and scandalmongering; there was a loud hint that officers of the Watch would be called. Interviewer withdrew.

Interview with Biltis, a professional mourner (A. C.A.)

Biltis is a specialist funeral mourner, available for hire. A large, slovenly woman of overbearing friendliness. At a 'chance' meeting in a bar engineered by A.C.A., she responded to tactful probing with the information that the Metellus event had been 'one for your memoirs'. First, Biltis said that Tiasus hates having to take on convicts, even though committing suicide had secured Metellus the right to a proper funeral. The public can be abusive in such cases, and it had been hard work persuading the family that Metellus' conviction made it a bad idea to have the bier displayed in the Forum. Then the undertakers' staff 'wet their loincloths' over the son's insistence that the script for the comedians must concentrate on personal traits of his father, while omitting all reference to the recent trial over his business practices. Although Tiasus had given the impression that this part of the funeral procession took place, Biltis said that it was omitted. This caused a huge upset with the chief mime, who lost his chance to show his mettle as a satirist – and lost his fee.

The affair was characterised by more than usual frostiness between the family mourners. At one stage, the daughter Carina had had to be restrained by her husband Laco, after loudly accusing her brother and elder sister of killing the dead man. She left early, before the ashes were collected up.

In addition, Biltis volunteered that she thought the corpse 'smelt funny'. No further details.

Biltis is a free citizen and willing to give evidence if her expenses (travel and time off work) can be refunded.

[Note: modest gratuity has already been paid.]

Interview with L. Licinius Lutea, first husband of Saffia Donata (M.D. Falco)

Subject discovered at Porticus of Gaius and Lucius, apparently after conducting business of some kind.

Marriage to Saffia occurred when she was seventeen and had lasted four years, after which divorce by mutual consent took place. There was one child, son Lucius, who lives with his mother but is seen regularly by Lutea. Lutea has not remarried. He remains on what he called spiffing good terms with Saffia; claims he helped her find a new home out of kindheartedness plus concern for welfare of his little son. (He had a previous marriage but no other children.) Denounced bad behaviour of Metelli; cited difficulties over removal of Saffia's chattels from their home: her personal bedding (wool mattress, sheet, down pillows, embroidered coverlet) was 'lost'. Lutea reckoned this was stolen to upset Saffia.

Asked if Saffia would pursue the issue, Lutea huffed that he himself had smoothed things over, being on very good terms with Metellus Negrinus.

Asked whether this did not cause complications, Lutea snorted 'why should it?' then left the Porticus at speed, citing a business meeting with his banker elsewhere in Rome.

[Note: Information from a known source at the Porticus is that Lutea's banker (Aufustius, see below) works from there, and was not `elsewhere' but present in the upper gallery.]

Interview with Aufustius, a secure money-holder and loan provider (M.D.F.)

Aufustius has known Licinius Lutea for the past decade. Declined to comment formally, on grounds of client confidentiality.

On being bought a morning drink and a pastry, Aufustius opened up and freely mentioned that his client has been through a period of instability lasting several years. Lutea just told Aufustius that morning that he hopes to see a revival in his financial standing as a result of some unspecified turn of luck.

Asked how he thought Lutea would have been able to negotiate with landlords on behalf of Saffia, if his own credit was tight, Aufustius lost his charm and helpfulness. Accused interviewer of libel. Offered the usual threats about persons who would know where to find him on a dark night, the interviewer left.

[Expense incurred for entertainment on this interview.]

Interview with Nothokleptes, a banker known to Falco and Associates (M. D. F.)

Lutea's banker (Aufustius) is a well-known figure in the world of commerce, with a high-profile client base. Aufustius would wait patiently for a man in difficulties to recover, continuing to accept him as a customer; however, he would demand an assurance that any insolvency was temporary. This assurance would need to be detailed, eg proof of a coming inheritance.

An upsurge in his client's fortunes would be of clear advantage to Aufustius, so it is reckoned he must have good information about this if he believes Lutea's claim.

[Entertainment expense ditto.]

Interview with Servilius Donatus, father of Saffia Donata (M.D.F.)

Elderly, bald, irascible cove with large family, all daughters. Seems obsessed with manipulating their dowries; groused against obligations on a family to provide settlements in order to secure daughters' marriages, and the subsequent burdens on family estates when dowry payments fall due. Raved against Metelli for bad management of the estates which comprised the dowry of his daughter Saffia. Continually harped on losses incurred to the capital as a result of Metellus senior's mismanagement, which Donatus claims was criminal negligence; Donatus wished to sue and is now considering an action against Negrinus. Special anxiety for financial losses that will affect Saffia's children by Negrinus, especially the unborn. Donatus has other grandchildren and cannot afford to take responsibility for any who are not paternally maintained.

Has no views on Metellus senior's suicide, though showed strong reaction to mention of corruption charge. Deep distaste for anyone selling contracts and offices. Old-fashioned attitude to ethics in public service. Capable of lengthy, unscripted tirade about slipping standards nowadays, with wild arm gestures and impersonation of hungry hippopotamus in full attack mode.

Blanked questions about Lutea. Treated Lutea's relationship with Saffia as past history. Went deaf when asked about Lutea's finding of lodgings and current situation between the pair. Spoke lovingly of infant grandson Lucius.

Notes on information from a female source who wishes to remain anonymous (A. C. Aelianus)

A contact with inside knowledge gave background on the Metellus family.

The parents were always pushy. The two daughters were shunted into good marriages at a very early age and have had problems resisting interference by Calpurnia Cara. Carina's husband, Laco, is thought to have put his foot down, causing strain in family relationships. Carina and Laco do not attend family gatherings such as birthdays and Saturnalia.

Elevation of Metellus Negrinus to the Senate was achieved with much manoeuvring; while not illegal, the degree of open electioneering by his father and grandfather (now dead) was felt to be unsuitable. Negrinus was only elected as aedile by the skin of his teeth; his chances of a praetorship later were thought to be low, even before the corruption case. Retaining his post as aedile after the trial may have been sanctioned because there are only a few months left in his term; it would be unfair to require another candidate to take on the office for so short a time. He may have benefited from of the Emperor's personal interest too; Vespasian may wish to minimise any failure of public confidence which might follow a formal dismissal of an office-holder.

A person in high places has revealed to our source, in absolute confidence, that the will of Rubirius Metellus contained 'unthinkable surprises'.

[Note: Falco and Associates are not free to divulge the nature or identity of this source or that of the person who advised our source on the will. However, we can assure our client that the material is impeccable.]

Interview with Rhoemetalces, an apothecary on the Via Praenestina (M.D. Falco)

Rhoemetalces, an expensive remedy-vendor of Cilician extraction, sells pills and potions from a discreet booth near the station house of the Second Cohort of Vigiles. This is within walking distance of the Metellus home. With the co-operation of the Second Cohort, Rhoemetalces was approached, in company with the vigiles officer who controls licences and secret lists in that district. After a short discussion of the terms under which he is permitted to sell goods, Rhoemetalces admitted that he had sold pills, presumably those in the sardonyx box which was subsequently seen at the bedside of Metellus senior.

The pills had been purchased, not by Metellus, his wife or his staff, but 'on behalf of her poor troubled father', by the elder daughter, Rubiria Juliana. She said her father was proposing an honourable suicide and wished for a rapid end. The apothecary claims it was against his better judgement to comply, but he felt that if he refused she would simply go to some other practitioner. He therefore assisted Juliana, in order to ensure that the deceased was not sold some slow and painful concoction by charlatans or ignorant druggists who would take advantage of the family's turmoil. He sold Juliana seeds of corn cockle, a noxious plant commonly found in wheat fields. If the small black seeds are ingested with other food, corn cockle is fatal within an hour.

Juliana then claimed she was anxious to save her father from his intended course. She wondered if there was a way he could be made to think he was killing himself, but would remain unharmed if – as she believed he would – he changed his mind. Rhoemetalces therefore persuaded her to buy (at enormous expense) pills which were contained within a coating of real gold. We are informed that this is a current fashion among wealthy invalids; the gold is said to increase the beneficial effects of the medicine. Besides, it hides any disgusting taste.

Rhoemetalces, revealing a secret of his trade, declared that he has no faith in such pills (though he sells them on request). He is convinced goldplated pills simply pass through the patient's gut undissolved. He told Juliana the effects should be harmless, and to safeguard himself further, he offered to provide gold pills which contained only flour dust. However, Juliana said she feared that her father, a suspicious man by nature, would suspect deception and cut open a pill to check its contents. So corn cockle was included. But in the professional opinion of Rhoemetalces, the pills were safe and it is by some unique and terrible accident that Metellus was killed.

Rhoemetalces is currently in custody with the vigiles, who are explaining to him their professional view that the 'unique accident' was directly caused by Rhoemetalces supplying poisonous pills. [Accountancy note: no gratuity necessary to the apothecary, but there will be a substantial expense item relating to a payment into the vigiles' fund for widows and orphans.]

Reappraisal of Rubiria Juliana (M. Didius Falco and Q. Camillus Justinus) Interview conducted in the presence of Canidianus Rufus

A formal application was made to Canidianus Rufus to interview his wife on a very serious matter, the nature of which was hinted. Rufus agreed, subject to his being present as her head of household, a request which was immediately granted. Rubiria Juliana was allowed two hours to compose herself, then interviewed at her home. M.D.F. directed the questioning; Q.C.J. took notes.

[Note: it is believed that the informer Paccius Africanus was present in the Rufus house during the interview, though this was not mentioned by the subjects. He was observed entering just before the interviewers, and was later seen leaving.]

Rubiria Juliana is a fine-boned, fashionable woman, pale and purselipped. She spoke very quietly, though without hesitation. Her husband, previously described to us as unpleasant, paced edgily about the room. He did not sit near, reassure or comfort his wife, as might have been expected. For most of the time he remained silent, allowing Juliana to speak for herself. The interviewers felt he expected her to get herself out of any trouble.

Juliana confirmed the facts as relayed by the apothecary Rhoemetalces. Her father had known that she had bought pills before, for various female ailments. He asked her to obtain a reliable poison for his intended suicide. Juliana had argued with him, and although she obeyed his request, she wanted to save him if he did change his mind. She was certain he would.

Juliana gave details of the suicide. The family had eaten a last lunch together, all except the younger daughter Carina, who had refused to attend. Metellus then retired to his bedroom. Juliana and her mother were present in the room when Metellus senior took one of the pills. He had previously talked with his son Negrinus, alone, but Negrinus had been sent outside when the women were called in. Asked why this was, Juliana said her brother was very upset by what their father wanted to do.

Metellus lay on his bed, waiting for the end. Juliana and Calpurnia Cara stayed with him for about half an hour, at which point he sat up suddenly and, as Juliana had feared, decided he did not after all want to kill himself. Calpurnia abused him for a coward, in the manner of the most stalwart matrons of old Roman history, then rushed from the room.

Juliana quietly told her father that the gold-plated pills should pass safely through him, and was thanked by Metellus for saving his life. Unhappily, within a very short time Metellus did collapse and die. It appeared that the apothecary is wrong; the gold does dissolve, in this instance causing the death of Metellus, even though by that time he did not wish to kill himself.

Conclusion

It is the view of Falco and Associates that the death of Rubirius Metellus should not rightly be classified as suicide. He had expressed to his wife and daughter a clear wish to remain alive.

His daughter Juliana provided him with the poisonous corn cockle pills, but this was on the basis that she believed them to be safe. Although Metellus voluntarily took one of the pills, Juliana would have come emptyhanded from the apothecary, but for being told that gold-plating would render the pills harmless.

Expert opinion is needed on whether a charge can be laid against Rhoemetalces for murder, as a result of giving false professional advice.

Should such a charge fail, it is the view of Falco and Associates that Rubirius Metellus died by accident.