| Demosthenes, Speeches (English) (XML Header) [genre: prose; rhetoric] [word count] [lemma count] [Dem.]. | ||
| <<Dem. 48.14 | Dem. 48.28 (Greek) | >>Dem. 48.39 |
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.
48.26When the jurors had thus decided, the archon Pythodotus note in accordance with the law struck out the claim of the defendant; and when this claim was stricken out I necessarily had to abandon my claim to half the estate. After these steps had been taken, the archon adjudged the estate of Comon to our opponents; for the laws compelled him to do so.
48.27They, as soon as they had won the adjudication, went at once to the Peiraeus and proceeded to take over all that either of us had received from the division. I, being at home, voluntarily gave over to them what I had (for it was necessary to obey the laws), but since Olympiodorus was abroad, they carried off all his effects except the money which he had separately taken from the man—the slave whom he had put to the torture; for they had no means of getting hold of that money.
48.28Such were the events which happened in the absence of Olympiodorus, and such the benefit I derived from my association with him. But when he returned with the rest of the troops, the defendant Olympiodorus was indignant, men of the jury, at what had occurred, and thought he had been outrageously treated. However, when he was at the height of his indignation, we again looked matters over, the defendant Olympiodorus and I, and took counsel together to see how we could get back something of what we had lost. 48.29And as a result of our consultation we decided to summon into court in due legal form those who had had the property adjudged to them; and in the circumstances it seemed to be the safest course not to risk a joint suit against the other claimants, but for each to act separately; and for the defendant Olympiodorus to enter suit for the whole estate as he had done before, and conduct his case by himself, and for me to enter suit for a half, since my brother Callippus claimed the half only; 48.30so that, if Olympiodorus should win his case, I, in accordance with our agreement and our oaths, might recover my share from him, while, if he should lose it and the jurors give an adverse verdict, he might fairly and honestly recover his share from me in accordance with our oaths and the agreement made between us. After we had reached this conclusion, and it seemed safest both for Olympiodorus and for me, all those who were in possession of the estate of Comon were summoned according to law.
Read, please, the law in accordance with which the summons was given.Law
48.31It was in accordance with this law, men of the jury, that the summons was given, and that we filed our counter-claims in the manner approved by Olympiodorus. After this the archon conducted the preliminary examination for all claimants, and when he had concluded this he brought the case into court. The defendant Olympiodorus was the first to plead, and he said whatever he pleased and offered whatever testimony he saw fit, while I, men of the jury, sat in silence on the opposite platform. Since the trial had been fixed in this way, Olympiodorus easily won his case; 48.32but when he had got the verdict and we had accomplished in the court-room all that we wished, when he had recovered from those who had previously won the adjudication all that they had taken from us,—although he has all this now in his possession as well as the money which he got from the slave who was put to the torture, he has refused to do anything whatever that is fair toward me, but keeps everything himself, even though he has given his oath and made an agreement with me that in very truth we should take equal shares. These articles of agreement are still up to this day in the custody of Androcleides, who has himself given testimony before you. 48.33I wish, however, to bring before you depositions proving all the other statements I have made, but first of all, to prove that at the outset the defendant and I, having settled our differences by ourselves, took each an equal share of all the property left by Comon of which we had knowledge.
Take, please, this deposition first, and then read all the rest.Deposition
| Demosthenes, Speeches (English) (XML Header) [genre: prose; rhetoric] [word count] [lemma count] [Dem.]. | ||
| <<Dem. 48.14 | Dem. 48.28 (Greek) | >>Dem. 48.39 |
