Now two men that had that night gone out a thieving, having committed the theft, came towards morning to the grotto, and there quarrelled, and the stronger slew the other, and took himself off. Aroused by the noise, Gisippus witnessed the murder, and deeming that he had now the means of compassing, without suicide, the death for which he so much longed, budged not a jot, but stayed there, until the serjeants of the court, which had already got wind of the affair, came on the scene, and laid violent hands upon him, and led him away. Being examined, he confessed that he had slain the man, and had then been unable to make his escape from the grotto. Wherefore the praetor, Marcus Varro by name, sentenced him to death by crucifixion, as was then the custom. But Titus, who happened at that moment to come into the praetorium, being told the crime for which he was condemned, and scanning the poor wretch's face, presently recognized him for Gisippus, and marvelled how he should come to be there, and in such a woeful plight. And most ardently desiring to succour him, nor seeing other way to save his life except to exonerate him by accusing himself, he straightway stepped forward, and said with a loud voice:--"Marcus Varro, call back the poor man on whom thou hast passed sentence, for he is innocent. 'Tis enough that I have incurred the wrath of the Gods by one deed of violence, to wit, the murder of him whom your serjeants found dead this morning, without aggravating my offence by the death of another innocent man." Perplexed, and vexed that he should have been heard by all in the praetorium, but unable honourably to avoid compliance with that which the laws enjoined, Varro had Gisippus brought back, and in presence of Titus said to him:--"How camest thou to be so mad as, though no constraint was put upon thee, to confess a deed thou never didst, thy life being at stake? Thou saidst that 'twas thou by whom the man was slain last night, and now comes this other, and says that 'twas not thou but he that slew him." Gisippus looked, and seeing Titus, wist well that, being grateful for the service rendered by him in the past, Titus was now minded to save his life at the cost of his own: wherefore, affected to tears, he said:--"Nay but, Varro, in very sooth I slew him, and 'tis now too late, this tender solicitude of Titus for my deliverance." But on his part:--"Praetor," quoth Titus, "thou seest this man is a stranger, and was found unarmed beside the murdered man; thou canst not doubt that he was fain of death for very wretchedness: wherefore discharge him, and let punishment light on me who have merited it."