We hear, indeed, of slaves having their liberty given them in order that, being free, they may not be forced by torture to tell the truth;[67] but had the cruelty been of the nature described by Scott in "Old Mortality," when the poor preacher's limbs were mangled, I think we should have heard more of it.
Nor was the torture always applied, but only when the expected evidence was not otherwise forth-coming.

Cicero explains, in the little dialogue given below, how the thing was carried on.[68] "You had better tell the truth now, my friend: Was it so and so ?" The slave knows that, if he says it was so, there is the cross for him, or the "little horse;" but that, if he will say the contrary, he will save his joints from racking.
And yet the evidence went for what it was worth.
In this case of Roscius there had certainly been two slaves present; but Cicero, who, as counsel for the defence, could call no witnesses, had not the power to bring them into court; nor could slaves have been made to give evidence against their masters.

These slaves, who had belonged to the murdered man, were now the property either of Chrysogonus or of the two Tituses.

There was no getting at their evidence but by permission of their masters, and this was withheld.

Cicero demands that they shall be produced, knowing that the demand will have no effect.
"The man here," he says, pointing to the accused, "asks for it, prays for it.