Demosthenes, Speeches (English) (XML Header) [genre: prose; rhetoric] [word count] [lemma count] [Dem.].
<<Dem. 43.23 Dem. 43.34 (Greek) >>Dem. 43.42

43.30All these assertions Theopompus made fearlessly, not producing any witness who would have been responsible to us, but having only his associates to corroborate what he said; for they were leagued with one another and did everything in concert, in order to rob the lady, the mother of this boy here, of the inheritance which you by your votes had decided to be hers. 43.31I wish now, men of the jury, to produce witnesses in support of the statements which I have made to you—first, to prove that Phylomachê, the daughter of Eubulides, won judgement for the estate of Hagnias as being the nearest of kin, and then to establish the rest of the facts.

Read the deposition.Deposition

The deponents state that they were present before the arbitrator in the archonship of Nicophemus, note when Phylomachê, the daughter of Eubulides, won judgement for the estate of Hagnias against all who disputed her title.

43.32That Phylomachê, the daughter of Eubulides, won judgement for the estate of Hagnias, you have heard, men of the jury. And she won it, not by wrongful trickery or conspiracy, but in the fairest manner possible, since we proved that she was nearest of kin to Hagnias, whose estate is in question, being the daughter of his cousin on his father's side, and being of the same branch as Hagnias. 43.33When, therefore, Macartatus says that his father Theopompus won judgement for this estate, make answer to him on your part, men of the jury, that the lady also won judgement before Theopompus, the defendant's father, and that the lady won her case fairly, since she was of the same branch as Hagnias, being the daughter of Eubulides, the cousin of Hagnias, but that Theopompus did not win the suit, but prevailed by trickery, being himself in no sense whatever of the branch of Hagnias. 43.34Make this reply to him yourselves, men of the jury, and also state that against this boy Eubulides, son of Eubulides, son of the first cousin on his father's side of Hagnias, whose estate is in question, neither Theopompus, the father of Macartatus, nor any other man ever at any time won a judgement. At the present time the contest and the trial to adjudge the estate of Hagnias are between this son of Eubulides and the defendant Macartatus, the son of Theopompus; and whichever of these two shall in your judgement speak most in harmony with justice and the laws, to him, it is plain, you jurymen will give your votes.

43.35Read the remaining depositions; first, those proving that Phylomachê, the aunt of Hagnias, was sister by the same father and the same mother to Polemon, the father of Hagnias; after that he shall read all the other depositions which have to do with the pedigree.Depositions

The deponents testify that they are fellow-demesmen of Philagrus, the father of Eubulides, and Polemon, the father of Hagnias, and that they know that Phylomachê, the mother of Eubulides, was considered to be the sister of Polemon, the father of Hagnias, by the same father and the same mother, and that they never heard from anyone that Polemon, the son of Hagnias, had a brother. 43.36Another

The deponents testify that Oenanthê, the mother of their grandfather Stratonides, was first cousin to Polemon, the father of Hagnias, their fathers having been brothers, and that they heard from their own father that Polemon, the father of Hagnias, never had any brother, but had a sister, born of the same father and the same mother, namely Phylomachê, the mother of Eubulides, the father of Phylomachê, wife of Sositheus.Another

The deponent testifies that he is a relative and fellow-clansman and fellow-demesman of Hagnias and Eubulides, and that he heard from his own father and other relatives that Polemon, the father of Hagnias, never had any brother, but had a sister, born of the same father and the same mother, namely Phylomachê, the mother of Eubulides, the father of Phylomachê, wife of Sositheus. 43.37Another

The deponent testifies that Archimachus was his grandfather and adopted him as his son, and that he was a relative of Polemon, the father of Hagnias, and that he heard from Archimachus and his other relatives that Polemon, the father of Hagnias, never had any brother, but had a sister, born of the same father and the same mother, namely Phylomachê, the mother of Eubulides, the father of Phylomachê, wife of Sositheus.Another

The deponent testifies that his wife's father Callistratus was first cousin to Polemon, the father of Hagnias, and to Charidemus, the father of Theopompus, their fathers having been brothers, and that his mother was daughter of a first cousin to Polemon, and that their mother often said to them that Phylomachê, the mother of Eubulides, was sister of Polemon, the father of Hagnias, born of the same father and the same mother, and that Polemon, the father of Hagnias, never had any brother.

43.38In the former trial, men of the jury, when these men formed their conspiracy with one another and acted in concert, the whole group of them, in their contest against the lady, we, on our part, men of the jury, neither prepared depositions regarding facts that were admitted, nor summoned witnesses, but thought that in these matters at least we were perfectly safe; whereas our opponents had equipped themselves with all manner of shameless artifices for the trial, and had their minds set upon this thing alone—to deceive the jurymen for the moment.



Demosthenes, Speeches (English) (XML Header) [genre: prose; rhetoric] [word count] [lemma count] [Dem.].
<<Dem. 43.23 Dem. 43.34 (Greek) >>Dem. 43.42

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