Greek Texts & Translations

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

48.34Now, please take the challenge which I tendered him regarding the money which he got from the slave who was put to the torture.Challenge

Read now the other deposition, too, proving that, when our opponents had received the adjudication, they took from us all that we had except the money which Olympiodorus got from the man who was put to the torture.Deposition

48.35In what way, men of the jury, Olympiodorus and I originally divided between us the visible estate of Comon, you have both heard from my statement, and it has been proved to you by witnesses; and you have also learned that the defendant got the sum of money from the slave, and that those who had previously won the adjudication took all that was in our possession, until Olympiodorus won a verdict in the second trial. 48.36Now hear the reason which he gives for not paying me what is due, and for refusing to do anything whatever that is fair; and to this, men of the jury, I bid you give close heed, in order that you may not be misled presently by the orators whom he has engaged against me.

This defendant never says the same thing, but one thing now and another then, just as it happens. He goes about bringing forward absurd excuses, baseless insinuations, and false charges, and acts in the whole business as a man of bad faith. 48.37Hosts of people have heard him say, sometimes that he never got the money from the slave at all; but again, when the contrary has been proved, he says that he got the money from his own slave, and that he will give me no share of this money or of anything else of the estate which Comon left.