He was accused of a capital crime, not by the people, but by a powerful noble.

The noble demanded his death-- appears to have proved the charge--to have had the law which imposed death wholly on his side--and "the favour of the people it was," says Herodotus, expressly, "which saved his life." [4] When we consider all the circumstances of the case--the wound to the popular vanity-- the disappointment of excited expectation--the unaccountable conduct of Miltiades himself--and then see his punishment, after a conviction which entailed death, only in the ordinary assessment of a pecuniary fine [5], we cannot but allow that the Athenian people (even while vindicating the majesty of law, which in all civilized communities must judge offences without respect to persons) were not in this instance forgetful of the services nor harsh to the offences of their great men..