Where the votes were equal, the traverser or defendant escaped; and when half the jury assessed damages at one amount, and half at another, the defendant paid only the lesser sum.

In disputes about property, the praetor seldom called for the assistance of a jury.
9.

The general form of all trials was the same; the prosecutor or plaintiff made his complaint, and the defendant was compelled either to find sufficient bail, or to go into prison until the day of trial.
On the appointed day, the plaintiff, or his advocate, stated his case, and proceeded to establish it by evidence; the defendant replied; and the jury then gave their verdict by ballot.
10.

In cases tried before the general assembly of the people, it was allowed to make use of artifices in order to conciliate the popular favour.

The accused and his friends put on mourning robes to excite pity; they went into the most public places and took every opportunity of showing their respect for popular power.