Demosthenes, Speeches (English) (XML Header) [genre: prose; rhetoric] [word count] [lemma count] [Dem.].
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47.8and free the witnesses from the risk of a trial by making Theophemus, since he then refused to do so, deliver up the woman in person, to be put to the torture regarding the assault for which I am suing Theophemus, and so make the proof result from the very statements made at that time by Theophemus with a view to deceiving the jurors. For he said in the course of the trial for assault that the witnesses who had been present and who testified to what had taken place by a deposition in writing, as the law provides, were false witnesses and had been suborned by me; but that the woman who had been present would tell the truth, deposing, not to a written document, but under torture, giving thus the strongest kind of evidence as to which party delivered the first blow. 47.9This is what he said at that time, using the most vigorous language and bringing forward witnesses to support his statements, and by this means deceiving the jurors; but now all this is proved to be false; for he does not dare to deliver up the woman, whom the witnesses have declared that he was ready to deliver up, but prefers that his brother and his brother-in-law should have to stand trial on a charge of giving false testimony, rather than that he should deliver up the woman in person, and so be well rid of his troubles in a fair and legal way, and that they should not try by arguments and entreaties to find a means of escape by deceiving you, if they could; 47.10although I challenged him again and again, and asked for the woman, demanding to receive her for the torture both at that time and after the trial, and again when I paid them the money, and in my suit for assault against Theophemus, and in the examination before the magistrate in the trial for false testimony. These men do not try to hide anything; their words are perjury, their act is to refuse to deliver up the woman; for they knew well that, if she should be put to the torture, it would be proved that they were the wrongdoers and not the parties wronged.

To prove that I am speaking the truth in this, the clerk shall read you the depositions concerning these matters.Depositions

47.11That, despite my frequent challenges and demands for the delivery of the woman for examination, no one has ever delivered her up, has been shown to you by witnesses. But in order that you may know from circumstantial proofs also that they have given false testimony, I will prove it. For if what they state were true, namely, that Theophemus tendered the challenge and offered to give up the woman in person, these men, I take it, would not have produced two witnesses only, a brother and a brother-in-law, to testify to what was true, but many others as well. 47.12For the arbitration took place in the Heliaea, note where those serving as arbitrators for the Oeneïd and Erectheïd tribes hold their sessions; and when challenges of this sort are given, and a party brings his slave in person, and delivers him up for examination by the torture, hosts of people stand forth to hear what is said; so that they would not have been at a loss for witnesses, if there had been the least truth in the deposition.

47.13They have testified, then, in the same deposition, men of the jury, that I was unwilling to have a postponement, but that Theophemus urged it in order that he might produce the woman. That this is not true, I will show you. For if I had tendered to Theophemus this challenge to which they have deposed, requiring him to deliver up the woman, 47.14he might fittingly have answered by urging that the arbitration be put off until the next meeting, in order that he might bring the woman and deliver her up to me; but as it is, Theophemus, they have deposed that it was you who desired to deliver up the woman and that I was not willing to receive her. How is it that you, who were the woman's master, when you were on the point of tendering me this challenge, to which your witnesses have deposed, when you were forced to take refuge in this woman's testimony to establish your case, 47.15and when you had no other witness to my having assaulted you and having delivered the first blow—how is it, I ask, that you did not bring the woman with you to the arbitrator and deliver her up, having her then present in person, and being yourself her master? Nay, you state that you tendered the challenge; but no one saw the woman by means of whom you deceived the jurors, through producing false witnesses to represent that you wished to give her up.

47.16Well, then, since the woman was not present with you at that time and the boxes had previously been sealed, did you at any time afterward bring her into the market-place or before the court? For if she was not present with you at that time, you surely ought to have delivered her up afterwards, and to have called witnesses to prove that you were willing to have the test made by the woman's evidence in accordance with the challenge which you had tendered, as your challenge had been put in the box, and a deposition stating that you were ready to deliver her up. Well then, when you were on the point of entering upon the trial, did you ever bring the woman before the court? 47.17And yet, if what they say about his tendering the challenge is true, he ought, when the court-rooms were being assigned by lot, to have brought the woman, got a herald to attend, and bidden me, if I chose, to put her to the torture, and have made the jurors as they came in witnesses to the fact that he was ready to deliver her up. But as it is, he has made deceitful statements and has produced false witnesses, but even to this day he does not dare to deliver up the woman, though I have made repeated challenges and demands, as the witnesses who were present have testified before you.

Please read the depositions again.Depositions



Demosthenes, Speeches (English) (XML Header) [genre: prose; rhetoric] [word count] [lemma count] [Dem.].
<<Dem. 47.1 Dem. 47.11 (Greek) >>Dem. 47.21

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