Prosecution Of The Stepmother For Poisoning (6-10)

Further, it is not for my brother to say that he is quite sure his mother did not murder our father for when he had the chance of making sure, by torture, he refused it; he showed readiness only for those modes of inquiry which could yield no certainty. Yet he ought to have been ready to do what I in fact challenged him to do, so that an honest investigation of the facts might have been possible;

because then, if the slaves had admitted nothing, he would have confronted me with a vigorous defence based on certainty, and his mother would have been cleared of the present charge. But after refusing to inquire into the facts, how can he possibly be certain of what he refused to find out? [How, then, is it to be expected, gentlemen of the jury, that he should be sure of facts about which he has not learned the truth?[*]]

What reply does he mean to make to me? He was fully aware that once the slaves were examined under torture his mother was doomed; and he thought that her life depended upon the avoiding of such an examination, as he and his companions imagined that the truth would in that event be lost to sight. How, then, is he going to remain true to his oath as defendant,[*] if he claims to be in full possession of the facts after refusing to make certain of them by accepting my offer of a perfectly impartial investigation of the matter by torture?

In the first place, I was ready to torture the defendants’ slaves, who knew that this woman, my opponents’ mother, had planned to poison our father on a previous occasion as well, that our father had caught her in the act, and that she had admitted everything— save that it was not to kill him, but to restore his love that she alleged herself to be giving him the potion.

Owing, then, to the nature of the slaves’ evidence, I proposed to have their story tested under torture after making a written note of my charges against this woman; and I told the defence to conduct the examination themselves in my presence, so that the slaves might not give forced answers to questions put by me. I was satisfied to have the written questions used; and that in itself should afford a presumption in my favour that my search for my father’s murderer is honest and impartial. Should the slaves resort to denial or make inconsistent statements, my intention was that the torture should force from them the charges which the facts demanded: for torture will make even those prepared to lie confine their charges to the truth.