Greek Texts & Translations

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. 48.38And when anyone of our common friends asks him why he refuses to pay me, when he has sworn to share everything equally and when the articles of agreement are still in custody, he asserts that I have broken the agreement and have treated him outrageously, and he states that I have all along been speaking and acting in opposition to him. These are the excuses he offers. 48.39The statements which the fellow makes, men of the jury, are insinuations which he has himself made up, false excuses, and bits of trickery, got up with a view to defrauding me of what he ought to pay me. But what I shall say to you to prove that he is lying will be no mere insinuation on the contrary I shall prove in glaring fashion his shamelessness, advancing proofs that are trustworthy and known to everybody, and bringing forward witnesses regarding every point.

48.40In the first place, men of the jury, I say that the defendant refused to refer our differences to our common friends and relatives who had full knowledge of all the circumstances of the case, and had followed them from the beginning; for this reason, that he had full knowledge that if he made use of any falsehoods, he would be refuted by them on the spot, whereas he thinks that now he may perhaps lie before you without being detected. 48.41Again I say, it is not consistent, Olympiodorus, that I should act in opposition to you, and yet should join with you in expending whatever from time to time became necessary, or that I should myself voluntarily abandon my claim, when you were abroad and your claim was stricken off because it was thought that you were absent on account of the trial and not on public service. For it was open to me to press my own claim for one-half the estate; no human being opposed my claim, but my opponents themselves allowed it.