Demosthenes, Speeches (English) (XML Header) [genre: prose; rhetoric] [word count] [lemma count] [Dem.].
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Against Aphobus 3

29.1If 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.

29.2I 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. 29.3But, 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.

29.4Regarding 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 oneā€”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. 29.5I 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, note 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.

29.6I 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. 29.7Here 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. 29.8And 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.



Demosthenes, Speeches (English) (XML Header) [genre: prose; rhetoric] [word count] [lemma count] [Dem.].
<<Dem. 28.18 Dem. 29.1 (Greek) >>Dem. 29.13

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