In his defence Fulvius threw all the blame upon his men. They clamoured, he said, for battle, and he led them out, not at the moment, for it was late in the day, but on the following morning. Though they were drawn up on favourable ground, at an early hour they found either the terror of the enemy's name or the strength of his attack -too much for them. When they were all倾ng in disorder he was swept away by the rush as Varro was at Cannae and as many other commanders have been at different times. What help would he have given to the republic by staying there alone?unless indeed his death would have warded off other national disasters.His failure was not due to lack of supplies, or to incautiously taking up a position on unfavourable ground;he had not been ambushed t insufficient reconnoitrine:he had been beaten in a fair 峪.J产 on an open field. Men's tempers. on whichever side they were J‘JL少 were beyond his control, a man's natural disposition made him either brave or cowardly. The speeches of the prosecutor and the defendant occupied two days, on the third day the witnesses were produced. Besides all the other serious chareaes broueaht azainst him、a treat manv 、.尸V V，V J men stated on oath that the panic -and flight be gan with the praetor, and that when the soldiers found that t hey were left to themselves, and thought that their commander had good ground for fear, they too turned their backs and fled. The prosecutor had in the first instance asked for a fine, but the evidence which had been given roused the anger of the people to such an extent that they insisted upon a ca P而 charge being laid. This led t oa fresh 一a一e少 contest. As the prosecutor during the first two days had l1nuted the penalty to a fine and only on the third day made the charge a capital one. the defendant appealed V 1 i to the other tribunes, but they refused to interfere with their colleague. It was open to him by ancient custom to proceed either by statute law or by customary precedent, whichever he preferred,.until he had obtained judgment, whether the penalty -were a capital or a pecuniary one.On this S ，empromuse announced that he should prosecute C Fulvius on the chargenvene the of treason and requested the City raetor to convene Assembly for the purpose on the ap PP王 ro侧1] 为卜LIS nted day.' Then the amused tried another way of escape. brother伽intus was in high favour with the people at the time, owing to his former successes and the general conviction that he would soon take Capua.and the defendant honed that he might be present at his trial。Quintus wrote to the senate for their permission, appealing to their compassion and begging to be allowed to defend his brother's life, but they told him in reply that it would militate against the interests of the State for him to leave Capua. just before the day of trial Cn. Fulvius went into exile at Tarquinii. The plebs affirmed by resolution his legal status as exile and all the consequences it involved .2