Demosthenes, Speeches (English) (XML Header) [genre: prose; rhetoric] [word count] [lemma count] [Dem.].
<<Dem. 48.6 Dem. 48.17 (Greek) >>Dem. 48.30

48.12When we had exchanged oaths, and the articles had been deposited with Androcleides, I divided the property into two shares, men of the jury. One share consisted of the house in which Comon himself had lived, and the slaves engaged in weaving sackcloth, and the other of another house and the slaves engaged in grinding colors. Whatever ready money Comon left in the bank of Heracleides had been nearly all spent on his burial and the other funeral rites, and on the building of his tomb. 48.13And after I had divided the property into these two shares, I gave Olympiodorus his choice to take whichever of the two shares he pleased; and he chose the color-grinders and the small house, while I took the weavers and the dwelling-house. 48.14This is what each of us had. Now in the share of this fellow Olympiodorus there was a man, one of the color-grinders, whom Comon used to regard as most faithful to himself; the man's name was Moschion. This slave had a pretty good knowledge of all Comon's other affairs, and in particular knew where the money was which Comon kept in the house; 48.15and Comon, who was oldish and who had confidence in him, was unaware that this slave Moschion was stealing his money. He first stole from him one thousand drachmae, which sum was kept separate from the rest of the money, and afterwards seventy minae more. He was doing this without Comon's suspecting it, and the fellow kept all this money in his own possession.

48.16Soon after we had divided the shares between us, men of the jury, we became suspicious, and found out something about this money; and as a result of this suspicion Olympiodorus here and I decided to put the man to the torture. And the fellow, men of the jury, before he was put to the torture, voluntarily confessed that he had stolen a thousand drachmae from Comon, and said that he still had in his quarters all the money which had not been spent; but of the larger sum he did not say a word at that time. 48.17So he paid back about six hundred drachmae. And of this sum which the man paid back we made a just and fair division in accordance with the oaths which we had sworn and the agreement deposited with Androcleides, I taking one half and the defendant Olympiodorus the other.

48.18Not long after this, as a result of the suspicion against the slave in regard to the money, the defendant had the man bound and again put to the torture. He did this independently by himself without calling me in, although he had sworn to make all inquiries and do everything in concert with me. And the fellow, men of the jury, when racked by the torture made further confession that he had stolen from Comon the seventy minae; and he restored this entire sum to the defendant Olympiodorus. 48.19I, on my part, men of the jury, when I learned that the man had been tortured, and that he had restored the money, supposed that Olympiodorus would pay me half the amount, just as he had before paid me half of the one thousand drachmae. At first I did not press him, thinking that he would recognize his obligation and arrange matters for my interest and his own, so that each of us should have what was fair in accordance with our oaths and our mutual agreement to share equally in all that Comon left; 48.20but since he delayed, and did nothing, I had a talk with this man Olympiodorus, and demanded that I receive my share of the money. But Olympiodorus here kept finding one excuse after another, and putting me off. Moreover, at this very time some other people filed claims to the estate of Comon, and Callippus, my brother on my father's side, returned from abroad; and he too filed a claim for half the estate. 48.21So Olympiodorus found in this another excuse for not paying me the money, since there were many who were laying claim to the estate; and he said that I must wait until the suits were settled. And I had to consent to this, and I did consent.

48.22After this the defendant Olympiodorus and I took counsel together, as we had sworn to do, to determine the best and safest way to deal with the other claimants. And we decided, men of the jury, that the defendant Olympiodorus should lay claim to the whole estate, and that,I should claim a half, seeing that my brother Callippus claimed a half only. 48.23When all the claims had been heard before the archon, and the cases were due to be tried in court, the defendant Olympiodorus and I were wholly unprepared for an immediate trial because those who had suddenly appeared as claimants were so many. However, in view of the situation that had developed, we looked into things jointly to see if in any way a postponement could be brought about for the present, so that we might get ourselves ready for the trial at our leisure. 48.24And it happened by a piece of good luck that you were persuaded by the politicians to despatch troops into Acarnania, note and the defendant Olympiodorus was among those called to service, and he departed with the others on the expedition. Thus had come about, as we thought, an excellent ground for postponement, the defendant being abroad on military service. 48.25So, when the archon summoned into court all those who were filing claims according to law, I entered a sworn statement, asking postponement on the ground that the defendant Olympiodorus was abroad on military service, but to this sworn statement our adversaries opposed another, attacking Olympiodorus; and as they had the last word, they induced the jurors to decide that the defendant was absent on account of the trial and not on public service.



Demosthenes, Speeches (English) (XML Header) [genre: prose; rhetoric] [word count] [lemma count] [Dem.].
<<Dem. 48.6 Dem. 48.17 (Greek) >>Dem. 48.30

Powered by PhiloLogic