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lacrimis defendi: this was a peculiarly Roman custom. Many a desperate case was gained in the Roman courts by putting on mourning and bringing out the wife and children of the accused in deep mourning and bathed in tears.

Not long after this trial, which ended in Milo's conviction, he was tried again in his absence for bribery (ambitus) and illegal combinations (de sodaliciis), and on a second charge of assault (de vi), and was condemned on each count. Cicero sent him a copy of his labored defence, and received a reply drily thanking him for his effort, but expressing satisfaction that the speech was not delivered; "For then," said he, "I should not now be eating the excellent mullets of Marseilles."

In the Civil War, Milo perished in South Italy while leading the remnant of his troop of gladiators in resistance to Caesar, - "hit with a stone from the wall" in an assault on the town of Cosa in Lucania (see Caesar, Bellum Civile, iii, 22).


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