| Demosthenes, Speeches (English) (XML Header) [genre: prose; rhetoric] [word count] [lemma count] [Dem.]. | ||
| <<Dem. 41.5 | Dem. 41.16 (Greek) | >>Dem. 41.26 |
41.12It may well be, men of the jury, that Spudias will make no statement to meet these facts; for he will not be able to do so, clever though he is; but will accuse Polyeuctus and his wife, and will declare that they did all these things under my influence and as favors to me, and that he is being greatly injured in many other respects, and has brought action against me; for this is what he undertook to say before the arbitrator also.
41.13But for my part, men of the jury, in the first place I do not think that a defence of that sort is legitimate, or that it is proper, when one is manifestly shown to be in the wrong, for him to shift the charges and have recourse to accusation and calumny; nay, for his counter-charges, if he is suffering any wrong, he will plainly receive satisfaction, but for the claims made on him, he will give it. For how could I now defend myself against the slanders of these men, if I passed over the matters upon which you are to give your verdict?
41.14In the next place I wonder, if he had true and just demands to make, why it was that, when our friends wished to settle our differences, and many conferences were held, he could not abide by their decision. And yet who could better have exposed the baselessness of claims advanced by him or by me than those who were present at all these transactions, who knew the facts as well as we did ourselves, and who were impartial friends of us both?
41.15But this was plainly not to the interest of my opponent—that he should be openly convicted by our friends and find a settlement in this way. For do not imagine, men of the jury, that men who know all these facts, and who now at their own risk are giving testimony in my favor, would then, when they had been put under oath, have formed a different conclusion about them. However, though you had none of these facts to aid you, even so it is not difficult to form an opinion as to which of the two parties is speaking the truth.
41.16For regarding the house, if he maintains that Polyeuctus was induced by me to order that mortgage-pillars be set up for the thousand drachmae, yet surely, Spudias, I did not use my influence to induce the witnesses to give false testimony in my interest,—witnesses who were present when he betrothed to me his daughter, who knew that I received less than the entire marriage portion, who heard him when he acknowledged that he was in my debt and also when he had introduced Leocrates as the one who should make payment, and who finally were present when the will was made. For with all these persons it was no longer a question of favoring me in these matters, but of risking a charge of giving false testimony, if they deposed to what was not the truth. Let us, then, have no more of that matter; but what will you say to this, Spudias?
41.17And see that you give these gentlemen a precise answer. If he does not, do you all demand it of him. For, when Polyeuctus gave these directions in his will, the defendant's wife was present, and you may be sure that she reported to him the will of her father, especially if he did not receive an equal share, but was at a disadvantage in all respects; and the defendant himself was invited to be present, so that it is not open to him to say that we managed this in secret and kept them in the dark. For although he was invited to be present, he said that he was busy himself, but that it would be enough if his wife were there. What more would you have?
41.18When Aristogenes gave him an exact account of all these matters, even then he made no comment, and though Polyeuctus lived on more than five days after this, he neither showed any vexation on going to the house, nor made any protest, nor did his wife, who was present from the first on all these occasions. It would appear, then, that Polyeuctus was not induced by me to favor me in these matters; the act was your own. Keep these facts, then, clearly in your minds, men of the jury, and if he now tries to make any slanderous statements about the matter, confront him with them.
But first, that you may be fully assured that matters are as I have stated, hear the witnesses. Read.Witnesses
41.19Well then, men of the jury, in the matter of the one thousand drachmae, to prove that Polyeuctus mortgaged the house to me honestly, and for an existing debt, I have the testimony of my opponent himself and his wife in addition to these other witnesses whose depositions have been put in; for they concurred at the time, and made no objection either to Polyeuctus who lived so many days after, or to Aristogenes, when they first heard of the will. But assuredly, if the house was honestly mortgaged, it is impossible for you, if you bear the law in mind, to acquit Spudias as to this part of the case. 41.20Now consider also the matter of the twenty minae, which he does not bring into the account; for in this again the defendant himself will be my strongest witness—not by words, heaven knows, such as he utters now in opposing my suit—words are a criterion of no worth—but by manifest act. By doing what, men of the jury? To this I bid you now to give close heed, in order that, if he really dares to utter any slanders about the mother of our wives or about the documents, your knowledge of the facts may make it impossible for him to deceive you by his talk.
41.21These papers were left by the wife of Polyeuctus, as I just now said. The seals being acknowledged both by the defendant's wife and by mine, we both, being present, broke them and took copies, and then sealed up the papers again, and deposited them in the hands of Aristogenes.
| Demosthenes, Speeches (English) (XML Header) [genre: prose; rhetoric] [word count] [lemma count] [Dem.]. | ||
| <<Dem. 41.5 | Dem. 41.16 (Greek) | >>Dem. 41.26 |
