Delphi Complete Works of Demosthenes, page 473
[23] Look, then, to this, and bear in mind the other facts; and then cast your vote on the side of justice. You have evidence that is adequate, evidence from witnesses, from depositions, from probabilities, from the statements of these men themselves who acknowledge that they took possession of my entire estate. They say they have spent it, but they have not spent it; they have it all in their own possession.
[24] ὧν ἐνθυμουμένους χρὴ ποιήσασθαί τιν᾽ ἡμῶν πρόνοιαν, εἰδότας ὅτι ἐγὼ μὲν τἀμαυτοῦ δι᾽ ὑμῶν κομισάμενος εἰκότως λῃτουργεῖν ἐθελήσω, χάριτας ὀφείλων ὅτι μοι δικαίως ἀπέδοτε τὴν οὐσίαν, οὗτος δ᾽, ἐὰν αὐτὸν ποιήσητε τῶν ἐμῶν κύριον, οὐδὲν ποιήσει τοιοῦτον. μὴ γὰρ οἴεσθ᾽ αὐτόν, ὑπὲρ ὧν ἤρνηται μὴ λαβεῖν, ὑπὲρ τούτων ὑμῖν λῃτουργεῖν ἐθελήσειν, ἀλλ᾽ ἀποκρύψεσθαι μᾶλλον, ἵνα δικαίως ἀποπεφευγέναι δοκῇ.
[24] All these things should be in your minds, and you should show some consideration for us, knowing that, if I recover my property through your aid, I shall naturally be ready to undertake public services, being grateful to you for rightfully restoring to me my estate; while this fellow, if you make him master of my goods, will do nothing of the kind. Do not imagine that he will be ready to undertake public services for you on behalf of property which he denies having received. Nay; he will conceal it rather, that it may appear that he was justly acquitted.
πρὸς Ἄφοβον ὑπὲρ Φάνου Ψευδομαρτυριῶν — AGAINST APHOBUS 3
[1] εἰ μὴ πρότερόν μοι δίκης γενομένης πρὸς Ἄφοβον, ὦ ἄνδρες δικασταί, συνῄδειν πολλῷ τούτων μείζω καὶ δεινότερ᾽ αὐτοῦ ψευσαμένου ῥᾳδίως ἐξελέγξας διὰ τὴν περιφάνειαν τῶν ἀδικημάτων, θαυμασίως ἂν ὡς ηὐλαβούμην μὴ καὶ νῦν οὐ δυνηθῶ δεῖξαι, πῇ παρακρούεταί ποθ᾽ ἕκασθ᾽ ὑμᾶς αὐτῶν. νῦν δὲ σὺν θεοῖς εἰπεῖν, ἄνπερ ἴσοι καὶ κοινοὶ γένησθ᾽ ἡμῶν ἀκροαταί, πολλὰς ἐλπίδας ἔχω μηδὲν ἧττον ὑμᾶς τὴν ἀναίδειαν τὴν τούτου γνώσεσθαι τῶν πρότερον δικασάντων. καὶ ταῦτ᾽ εἰ μὲν ἐδεῖτο λόγου τινὸς ἢ ποικιλίας, ἔγωγε κατώκνουν ἂν τὴν ἐμαυτοῦ καταμεμφόμενος ἡλικίαν: νῦν δ᾽ ἁπλῶς δεῖ διδάξαι καὶ διηγήσασθαι τὰ τούτῳ πεπραγμένα περὶ ἡμῶν: ἐκ δὲ τούτων οἶμαι πᾶσιν ὑμῖν εὔγνωστον ἔσεσθαι, πότερός ποθ᾽ ἡμῶν ἐσθ᾽ ὁ πονηρός.
[1] If I were not conscious, men of the jury, that in a former suit against Aphobus I had readily （so absolutely manifest were his wrongdoings） convicted him of lies greater and more outrageous than these which he now utters, I should have grave doubts of my ability to show how he seeks to lead you astray in regard to each one of them. As it is, however （be it said with the favor of heaven）, if you prove fair and impartial hearers, I have strong hopes that you will become as fully aware of the shamelessness of this man as were the jurors in the former trial. If the case required eloquence or cleverness I should shrink through distrust of my youth; but, as matters are, I need merely point out and rehearse to you what the plaintiff’s conduct toward us has been. From this it will be easy, I think, for all of you to determine which of us is the villain.
[2] οἶδα μὲν οὖν ὅτι τὴν δίκην οὗτος εἴληχε ταύτην, οὐχὶ τῷ τὰ ψευδῆ τιν᾽ αὑτοῦ καταμεμαρτυρηκέναι ἐξελέγξειν πιστεύων, ἀλλ᾽ ἡγούμενος διὰ τὸ μέγεθος τοῦ τιμήματος τῆς δίκης, ἣν ὦφλεν, ἐμοὶ μὲν ἂν γενέσθαι τινὰ φθόνον, αὑτῷ δ᾽ ἔλεον. καὶ διὰ ταῦτα περὶ τῆς γεγενημένης δίκης νῦν ἀπολογεῖται, περὶ ἧς τότ᾽ οὐδὲν ἔσχε δίκαιον εἰπεῖν. ἐγὼ δ᾽, ὦ ἄνδρες δικασταί, εἰ μὲν ἐπεπράγμην τοῦτον τὴν δίκην ἢ μηδὲν ἤθελον μέτριον συγχωρεῖν, ἠδίκουν μὲν οὐδ᾽ ἂν οὕτως, τὰ παρ᾽ ὑμῖν γνωσθέντα πραττόμενος αὐτόν, ὅμως δ᾽ ἂν εἶχέν τις εἰπεῖν, ὡς λίαν ὠμῶς καὶ πικρῶς ὄντα συγγενῆ τοῦτον ἐκ τῆς οὐσίας ἁπάσης ἐκβέβληκα.
[2] I know that the plaintiff has instituted this suit, not because he believes he can convict anyone of having borne false witness against him, but because he thinks that the large amount of damages which he was condemned to pay will give rise to a feeling of prejudice against me, and of compassion toward himself. For this reason he is now seeking to defend himself against charges made in a suit that has already been decided, regarding which he had at the time no reasonable defence to make. I, for my part, men of the jury, if I had proceeded to execute the judgement against him and had been unwilling to make any reasonable concession, should even so have done no wrong in exacting the damages awarded by your decision; but for all that it might have been said that I had shown undue ruthlessness and enmity toward a man who is a relative in depriving him of all his property.
[3] νῦν δὲ τοὐναντίον ἐστίν: οὗτος ἐμὲ τῶν πατρῴων ἁπάντων μετὰ τῶν συνεπιτρόπων ἀπεστέρηκεν, καὶ οὐδ᾽ ἐν ὑμῖν φανερῶς ἐξελεγχθεὶς οἴεται δεῖν οὐδὲν τῶν μετρίων ποιεῖν, ἀλλὰ διασκευασάμενος τὴν οὐσίαν, καὶ παραδοὺς τὴν μὲν συνοικίαν Αἰσίῳ, τὸν δ᾽ ἀγρὸν Ὀνήτορι, πρὸς μὲν ἐκείνους δίκην καὶ πράγματ᾽ ἔχειν ἐμὲ πεποίηκεν, ἐκ δὲ τῆς οἰκίας αὐτὸς τὰ σκεύη λαβὼν καὶ τἀνδράποδ᾽ ἐξαγαγὼν καὶ τὸν λάκκον συντρίψας καὶ τὰ θυρώματ᾽ ἀποσπάσας καὶ μόνον οὐκ αὐτὴν τὴν οἰκίαν ἐμπρήσας Μέγαράδ᾽ ἐξῴκηκεν κἀκεῖ μετοίκιον τέθηκεν. ὥστε πολὺ ἂν δικαιότερον διὰ ταῦτα τὰ ἔργα τοῦτον μισήσαιτε ἢ ἐμοῦ τιν᾽ ἀνεπιείκειαν καταγνοίητε.
[3] But, as it is, the precise contrary is the truth. This man with his co-trustees has robbed me of my entire patrimony, and, even after being clearly convicted in your court, he does not consider himself obliged to do anything reasonable. On the contrary he has dispersed his property, giving his farm-buildings to Aesius and his farm to Onetor, against whom he has forced me to engage in a troublesome lawsuit. He himself stripped the house of its furniture, took away the slaves, destroyed the wine-vat, tore off the doors, and all but set fire to the house itself; then he made off to Megara, where he has settled and paid the alien’s tax. You would, therefore, with better ground loathe this man for deeds like these, than judge me guilty of undue severity.
[4] περὶ μὲν οὖν τῆς αἰσχροκερδίας τῆς τούτου καὶ μιαρίας ὕστερόν μοι δοκεῖ διεξελθεῖν πρὸς ὑμᾶς: καὶ νῦν δ᾽ ὡς ἐν κεφαλαίοις ἀκηκόατε: περὶ δὲ τῶν μεμαρτυρημένων, ὡς ἔστιν ἀληθῆ, περὶ ὧνπερ οἴσετε τὴν ψῆφον, ἤδη πειράσομαι διδάσκειν ὑμᾶς. δέομαι δ᾽ ὑμῶν, ὦ ἄνδρες δικασταί, δικαίαν δέησιν, ἐξ ἴσου ἡμῶν ἀμφοτέρων ἀκοῦσαι. τοῦτο δ᾽ ἐστὶ καὶ ὑπὲρ ὑμῶν ὁμοίως: ὅσῳ γὰρ ἂν ἀκριβέστερον τὰ πεπραγμένα μάθητε, τοσούτῳ δικαιοτέραν καὶ εὐορκοτέραν θήσεσθε τὴν ψῆφον περὶ αὐτῶν.
[4] Regarding the rapacity and vile character of the plaintiff I purpose to speak at length before you later on, though what you have even now heard gives you a fair idea of it. But I shall now undertake to show you, that the testimony which has been given, about which you are going to cast your votes, is true. But one request I make of you, men of the jury, and it is a reasonable one — that you will give us both a fair hearing. This is as much in your interest as in mine, for the more accurate your knowledge of the facts, the more just and in harmony with your oaths will be the vote you will cast regarding them.
[5] ἐπιδείξω δὲ τοῦτον οὐ μόνον ὡμολογηκότ᾽ εἶναι τὸν Μιλύαν ἐλεύθερον, ἀλλὰ καὶ φανερὸν τοῦτ᾽ ἔργῳ πεποιηκότα, καὶ πρὸς τούτοις τοὺς ἐκ βασάνου περὶ αὐτῶν πεφευγότα τοῦτον τοὺς ἀκριβεστάτους ἐλέγχους, καὶ οὐκ ἐθελήσαντ᾽ ἐκ τούτων ἐπιδεῖξαι τὴν ἀλήθειαν, ἀλλὰ πανουργοῦντα καὶ μάρτυρας ψευδεῖς παρεχόμενον καὶ διακλέπτοντα τοῖς ἑαυτοῦ λόγοις τὴν ἀλήθειαν τῶν πεπραγμένων, οὕτω μεγάλοις καὶ φανεροῖς ἐλέγχοις ὥσθ᾽ ὑμᾶς πάντας εἴσεσθαι σαφῶς, ὅτι ἡμεῖς μὲν ἀληθῆ λέγομεν, οὗτος δ᾽ οὐδὲν ὑγιὲς εἴρηκεν. ἄρξομαι δ᾽ ἐντεῦθεν ὅθεν καὶ ὑμεῖς ῥᾷστ᾽ ἂν μάθοιτε κἀγὼ τάχιστ᾽ ἂν διδάξαιμι.
[5] I shall show that Aphobus has not only acknowledged Milyas to be a freeman, but has even proved it by his actions; that, furthermore, about this matter he has declined the absolutely sure test by torture, and does not wish to have the truth brought to light that on the contrary he has recourse to trickery, brings forward false witnesses, and by his own words distorts the truth regarding what has taken place. So strong and so plain is the evidence by which I shall prove these statements that you will all see clearly that it is I who am speaking the truth, and that he has uttered not a word worthy of credence. I shall begin at a point which will make it easiest for you to learn the facts, and for me to instruct you regarding them in the briefest time.
[6] ἐγὼ γάρ, ὦ ἄνδρες δικασταί, Δημοφῶντι καὶ Θηριππίδῃ καὶ τούτῳ δίκας ἔλαχον ἐπιτροπῆς ἀποστερηθεὶς ἁπάντων τῶν ὄντων. γενομένης δέ μοι τῆς δίκης πρὸς τοῦτον πρῶτον, ἐπέδειξα σαφῶς τοῖς δικάζουσιν, ὥσπερ ὑμῖν ἐπιδείξω, πάνθ᾽ ὅσ᾽ ἡμῖν κατελείφθη χρήματ᾽ ἀπεστερηκότα τοῦτον μετ᾽ ἐκείνων, οὐ καταψευδομαρτυρησάμενος.
[6] I instituted suit, men of the jury, against Demophon, Therippides and the plaintiff for breach of trust in their guardianship, for I had been defrauded by them of all my inheritance. When my suit against Aphobus in the first instance came up for trial, I proved clearly to the jury, as I shall prove to you, that he, in conjunction with the others, had robbed me of all the property that had been left me; and I relied upon no false testimony.
[7] τεκμήριον δὲ μέγιστον: μαρτυριῶν γὰρ πλέον ἢ πάνυ πολλῶν τῶν ἁπασῶν ἀναγνωσθεισῶν ἐπὶ τῇ δίκῃ, καὶ τούτων τῶν μὲν ὡς ἔδοσάν τι τούτῳ τῶν ἐμῶν καταμαρτυρουσῶν, τῶν δ᾽ ὡς παρῆσαν κομιζομένῳ, τῶν δ᾽ ὡς πριάμενοι παρὰ τούτου τούτῳ τὰς τιμὰς διέλυσαν, οὐδ᾽ ᾗ τινι τούτων τῶν ψευδομαρτυρίων ἐπεσκήψατο, οὐδὲ τετόλμηκεν διώκειν ἀλλ᾽ ἢ ταύτην μίαν οὖσαν, ἐν ᾗ δραχμὴν οὐκ ἂν ἔχοι δεῖξαι μεμαρτυρημένην.
[7] Here is a clear proof of this. A host of depositions was read at the trial, some of the deponents declaring that they had given to the plaintiff property of mine, others that he had received such property in their presence, still others that they had purchased goods from him, and paid him the price; yet he has charged not a single one of these with bearing false testimony. He has dared to attack this one piece of testimony, and it alone, although in it he cannot show that there was mention even of one single drachma.
[8] καίτοι τό γε τίμημα τῶν χρημάτων ὧν ἀπεστερήμην, οὐκ ἐκ ταύτης συντιθεὶς ἐλογιζόμην τοσοῦτον （οὐ γὰρ ἔνεστ᾽ ἀργύριον）, ἀλλ᾽ ἐξ ἐκείνων καθ᾽ ἕκαστα τιθείς, αἷς οὗτος οὐκ ἐπεσκήψατο. ὅθεν οἱ τότ᾽ ἀκούσαντες οὐ μόνον αὐτοῦ κατέγνωσαν, ἀλλὰ καὶ τῶν ἐπιγεγραμμένων ἐτίμησαν. τίνος οὖν ἕνεκ᾽ ἐκείνας μὲν εἴασε, τῇδε δ᾽ ἐπεσκήψατο; ἐγὼ καὶ τοῦτο διδάξω.
[8] And yet for the computation of the sums of which I had been robbed, I relied not so much on this man’s testimony, for there was no mention of money in it, but on the several statements of the others, against whom the plaintiff has made no charges. Therefore the jurymen who at that time heard my plea, not only found him guilty, but fixed the damages at the full amount stated in my complaint. Why was it, then, that he passed over the other witnesses and sued the defendant alone? I will tell you.
[9] τῶν μαρτυριῶν ὅσαι μὲν αὐτοῦ χρήματ᾽ ἔχειν κατεμαρτύρουν, ᾔδει σαφῶς ὅτι τοσούτῳ μᾶλλον ἐξελεγχθήσεται ταῦτ᾽ ἔχων, ὅσῳ πλείων λόγος δοθήσεται καθ᾽ ἓν περὶ ἑκάστου. τοῦτο δ᾽ ἔμελλεν ἐν τῇ τῶν ψευδομαρτυρίων ἔσεσθαι κρίσει: ὃ γὰρ τότ᾽ ἐν μικρῷ μέρει τινὶ τοῦ παντὸς ὕδατος μετὰ τῶν ἄλλων κατηγορήσαμεν, νῦν πρὸς ἅπαν τὸ ὕδωρ αὐτὸ καθ᾽ αὑτὸ διδάξειν ἐμέλλομεν.
[9] In regard to all the witnesses who testified that he had received the money, he knew that the more discussion there should be over each separate point, the more convincingly would he be convicted of possessing it, and this was bound to be the case in a trial for false witness; for the accusations which I then made along with all the others in a small part of the time allotted me, I should now discuss severally and in detail in the time of an entire speech;
[10] ἀποκρίσει δ᾽ ἐπισκηψάμενος ἐνόμιζεν, ὥσπερ τόθ᾽ ὡμολόγησεν, οὕτω πάλιν ἔξαρνος γενέσθαι ταῦτ᾽ ἐφ᾽ ἑαυτῷ γενήσεσθαι. διὰ ταῦτα τήνδε διώκει. βούλομαι δὴ ταύτην, ὡς ἔστιν ἀληθής, ἐπιδεῖξαι σαφῶς πᾶσιν ὑμῖν, οὐκ ἐξ εἰκότων οὐδὲ λόγων πρὸς τὸ παρὸν μεμηχανημένων, ἀλλ᾽ ἐκ τοῦ παρὰ πᾶσιν ὑμῖν δόξοντος, ὡς ἐγὼ νομίζω, δικαίου. σκοπεῖτε δ᾽ ἀκούσαντες.
[10] whereas, if he attacked an answer given, he thought that as he had made an admission before, so now it would be in his power to make a denial. That is the reason why he attacks the testimony of this witness, the truth of whose testimony I mean to prove conclusively to you all, not on the basis of probabilities, or of arguments made up to fit the occasion, but by reasoning which, I am sure, will approve itself to you all as just and fair. Listen, and judge.
[11] ἐγὼ γάρ, ὦ ἄνδρες δικασταί, περὶ τῆς μαρτυρίας τῆς ἐν τῷ γραμματείῳ γεγραμμένης εἰδὼς ὄντα μοι τὸν ἀγῶνα, καὶ περὶ τούτου τὴν ψῆφον ὑμᾶς οἴσοντας ἐπιστάμενος, ᾠήθην δεῖν μηδὲν ἄλλο τούτου πρότερον ἢ τοῦτον προκαλούμενος ἐλέγξαι. καὶ τί ποιῶ; παραδοῦναι παῖδ᾽ ἤθελον αὐτῷ γράμματ᾽ ἐπιστάμενον βασανίζειν, ὃς παρῆν ὅθ᾽ ὡμολόγει ταῦθ᾽ οὗτος, καὶ τὴν μαρτυρίαν ἔγραφεν, οὐδὲν ὑφ᾽ ἡμῶν κελευσθεὶς κακοτεχνεῖν, οὐδὲ τὸ μὲν γράφειν, τὸ δ᾽ ἀφαιρεῖν ὧν οὗτος εἰρήκει περὶ τούτων, ἀλλ᾽ ἁπλῶς ὑπὲρ τοῦ πάντα τἀληθῆ καὶ τὰ τούτῳ ῥηθέντα γράψαι.
[11] I knew, men of the jury, that I should find the whole contest centring about the deposition inserted in the record, and that it would be regarding the truth or falsehood of this that you would cast your votes, and I therefore determined that the first step for me to take was to offer Aphobus a challenge. What, then, did I do? I offered to surrender to him for examination by torture a slave who knew how to read and write, and who had been present when Aphobus made the admission in question, and who wrote down the statement of the witness. This man had been ordered by me not to use any fraud or trickery, nor to write down some and suppress others of the statements made by the plaintiff regarding the matters at issue, but simply to write the absolute truth, and what Aphobus actually said.
