34.9When, therefore, the shipowner bade him put on board according to the agreement the goods bought with my money, this fellow, who now alleges that he has paid the debt in full, said that he could not ship the goods because his trash was unsalable; and he bade him put to sea, saying that he himself would sail in another ship as soon as he should dispose of the cargo.
Please take this deposition.Deposition
34.10After this, men of Athens, the defendant was left in Bosporus, while Lampis put to sea, and was shipwrecked not far from the port; for although his ship was already overloaded, as we learn, he took on an additional deck-load of one thousand hides, which proved the cause of the loss of the vessel. He himself made his escape in the boat with the rest of Dio's servants, but he lost more than thirty note lives besides the cargo. There was much mourning in Bosporus when they learned of the loss of the ship, and everybody deemed this Phormio lucky in that he had not sailed with the others, nor put any goods on board the ship. The same story was told by the others and by Phormio himself.
Read me, please, these depositions.Depositions
34.11Lampis himself, to whom Phormio declares he had paid the gold (pray note this carefully), when I approached him as soon as he had returned to Athens after the shipwreck and asked him about these matters, said that Phormio did not put the goods on board the ship according to our agreement, nor had he himself received the gold from him at that time in Bosporus.
Read, please, the deposition of those who were present.Deposition
34.12Now, men of Athens, when this man Phormio reached Athens, after completing his voyage in safety on another ship, I approached him and demanded payment of the loan. And at the first, men of Athens, he did not in any instance make the statement which he now makes, but always agreed that he would pay; but after he had entered into an agreement with those who are now at his side and are advocates with him, he was then and there different and not at all the same man.
34.13When I saw that he was trying to cheat me, I went to Lampis and told him that Phormio was not doing what was right nor paying back the loan; and at the same time I asked him if he knew where Phormio was, in order that I might summon him. He bade me follow him, and we found the fellow at the perfumery shops; and I, having witnesses with me, served the summons.
34.14Lampis, men of Athens, was close at hand when I did this, yet he never ventured to say that he had received the money from Phormio, nor did he say, as he naturally would have done supposing his story to be true, “Chrysippus, you are mad. Why do you summon this man? He has paid me the money.” And not only did Lampis not say a word, but neither did Phormio himself venture to say anything, although Lampis was standing by his side, to whom he now declares he had paid the money.
34.15Yet, men of Athens, it would surely have been natural for him to say, “Why do you summon me, fellow? I have paid the money to this man who is standing here ”—and at the same time to call upon Lampis to corroborate his words. As it was, however, neither of them uttered a syllable on an occasion so opportune.
In proof that my words are true, take, please, the deposition of those who witnessed the summons.Deposition
34.16Now take the complaint in the action which I commenced against him last year, for this is the strongest possible proof that up to that time Phormio had never stated that he had paid the money to Lampis.Complaint
This action I commenced, men of Athens, basing my complaint upon nothing else than the report of Lampis, who denied that Phormio had put the goods on board the ship or that he himself had received the money. Do not imagine that I am so senseless, so absolutely crazy, as to have drawn up a complaint like this, if Lampis (whose words would prove my contention false) admitted that he had received the money.
34.17More than this, men of Athens, note another fact. These very men entered a special plea last year, but dared not assert in their plea that they had paid the money to Lampis.
Now, pray take the plea itself.Special Plea
You hear, men of Athens. Nowhere in the plea is it stated that Phormio had paid the money to Lampis, though I had expressly written in the complaint, which you heard a moment ago, that Phormio had not put the goods on board the ship nor paid the money. For what other witness, then, should you wait, when you have so significant a piece of evidence from these men themselves?
