§46περὶ δὲ τοῦ μὴ καταλειφθῆναι τὰ χρήματʼ ἔνδον, βούλομαι σαφῶς ὑμῖν ἐπιδεῖξαι ψευδόμενον.
Concerning the claim that the money was not left inside, I wish to show you clearly that he is lying.
τοῦτον γὰρ τὸν λόγον καθεῖκεν, ἐπειδὴ τὰ χρήματα μὲν πολλὰ πέφηνεν ὄντα, οὐκ ἔχει δʼ ἐπιδεῖξαι ταῦθʼ ὡς ἀποδέδωκεν, ἵνʼ ἐξ εἰκότος οὐδὲν προσῆκον ἡμῖν φανῇ κομίζεσθαι τά γʼ ὄντα παρʼ ἡμῖν.
For he put forward this argument, since it has been shown that the property was large, but he is unable to show that he delivered it up, so that it might reasonably appear that it is not fitting for us to recover what is at any rate in our hands.
§47εἰ μὲν τοίνυν ὁ πατὴρ ἠπίστει τούτοις, δῆλον ὅτι οὔτʼ ἂν τἄλλʼ ἐπέτρεπεν, οὔτʼ ἂν ἐκεῖνʼ οὕτω καταλείπων αὐτοῖς ἔφραζεν· ὥστε πόθεν ἴσασιν;
Now, if my father had distrusted them, it is clear that he would neither have entrusted them with the other matters, nor have told them of those things when leaving them in that way; so, how do they know?
εἰ δʼ ἐπίστευεν, οὐκ ἂν δήπου τὰ μὲν πλεῖστʼ αὐτοῖς τῶν χρημάτων ἐνεχείρισεν, τῶν δʼ οὐκ ἂν κυρίους ἐποίησεν.
But if he did trust them, he surely would not have put the greater part of the money into their hands, while refusing to make them masters of the rest.
οὐδʼ ἂν τῇ μὲν μητρί μου ταῦτα φυλάττειν παρέδωκεν, αὐτὴν δὲ ταύτην ἑνὶ τῶν ἐπιτρόπων τούτῳ γυναῖκʼ ἠγγύησεν· οὐ γὰρ ἔχει λόγον, σῷσαι μὲν τὰ χρήματα διʼ ἐκείνης ζητεῖν, ἕνα δὲ τῶν ἀπιστουμένων ταύτης κἀκείνων κύριον ποιεῖν.
Nor would he have delivered these things to my mother to keep, and then betrothed this very woman as a wife to this man, one of the guardians; for it makes no sense to seek to save the money through her, and yet to make one of the distrusted men the master of both her and the money.
§48ἔτι δὲ τοῦτον, εἴ τι τούτων ἀληθὲς ἦν, οἴεσθʼ οὐκ ἂν αὐτὴν λαβεῖν δοθεῖσαν ὑπὸ τοῦ πατρός;
Furthermore, if any of these things were true, do you think this man would not have taken her when she was given to him by my father?
ὃς τὴν μὲν προῖκʼ αὐτῆς ἤδη, τὰς ὀγδοήκοντα μνᾶς, ἔχων ὡς αὐτῇ συνοικήσων, τὴν Φιλωνίδου τοῦ Μελιτέως θυγατέρʼ ἔγημεν διʼ αἰσχροκερδίαν, ἵνα πρὸς αἷς εἶχεν παρʼ ἡμῶν, ἑτέρας ὀγδοήκοντα μνᾶς λάβοι παρʼ ἐκείνου· τεττάρων δὲ ταλάντων ἔνδον ὄντων καὶ ταῦτʼ ἐκείνης ἐχούσης, ὡς οὗτός φησιν, οὐκ ἂν ἡγεῖσθʼ αὐτὸν κἂν ἐπιδραμεῖν, ὥστε γενέσθαι μετʼ ἐκείνης αὐτῶν κύριον;
He, who already held her dowry, the eighty minae, intending to live with her, yet married the daughter of Philonides of Melite out of greed, so that in addition to what he had from us, he might receive another eighty minae from him; and if four talents were inside and she was in possession of them, as this man says, do you not think he would have run to her, so as to become master of them together with her?
§49ἢ τὴν μὲν φανερὰν οὐσίαν, ἣν καὶ ὑμῶν πολλοὶ συνῄδεσαν ὅτι κατελείφθη, μετὰ τῶν συνεπιτρόπων οὕτως αἰσχρῶς διήρπασεν, ὧν δʼ οὐκ ἐμέλλεθʼ ὑμεῖς ἔσεσθαι μάρτυρες, ἀπέσχετʼ ἂν ἐξὸν αὐτῷ λαβεῖν;
Or is it that, while he so shamefully plundered together with his fellow-guardians the visible property, which many of you also knew had been left, he would have abstained from those things of which you were not likely to be witnesses, when it was open to him to take them?
καὶ τίς ἂν πιστεύσειεν;
And who would believe it?
οὐκ ἔστι ταῦτʼ, ὦ ἄνδρες δικασταί, οὐκ ἔστιν· ἀλλὰ τὰ μὲν χρήματα, ὅσα κατέλιπεν ὁ πατήρ, ἐκείνῃ τῇ ἡμέρᾳ κατωρύττετο, ὅτʼ εἰς τὰς τούτων χεῖρας ἦλθεν, οὗτος δʼ οὐκ ἔχων ἂν εἰπεῖν ὅπου τι τούτων ἀπέδωκεν, ἵνʼ εὔπορος εἶναι δοκῶν μηδενὸς τύχω παρʼ ὑμῶν ἐλέου, τούτοις χρῆται τοῖς λόγοις.
It is not so, O men of the jury, it is not so; but all the money that my father left was buried on that very day when it came into their hands, and this man, being unable to say where he delivered any of it, uses these arguments so that I, by seeming to be well-off, may obtain no pity from you.
§50πολλὰ μὲν οὖν ἔγωγʼ ἔχω καὶ ἄλλα τούτου κατηγορεῖν· οὐκ ἐνδέχεται δέ μοι, τῷ μάρτυρι τοῦ κινδύνου περὶ τῆς ἐπιτιμίας ὄντος, περὶ ὧν αὐτὸς ἠδίκημαι λέγειν.
Now, I have many other charges to bring against this man; but it is not permitted to me, since the danger for the witness concerns his civic rights, to speak about the wrongs I myself have suffered.
ἀλλὰ βούλομαι πρόκλησιν ὑμῖν ἀναγνῶναι· γνώσεσθε γὰρ ἐξ αὐτῆς ἀκούσαντες, τὰ μεμαρτυρημένʼ ὡς ἔστιν ἀληθῆ, καὶ τὸν Μιλύαν ὅτι νῦν μὲν περὶ πάντων φησὶν ἐξαιτεῖν, τὸ δὲ πρῶτον ὑπὲρ τριάκοντα μόνον μνῶν ἐξῄτει, καὶ προσέτι ζημιοῦται κατὰ τὴν μαρτυρίαν οὐδέν.
But I wish to read a challenge to you; for you will know from hearing it that what has been testified is true, and that, whereas he now claims to demand Milyas concerning all the property, at first he demanded him for thirty minae only, and moreover that he suffers no loss under the testimony.
§51ἐγὼ γὰρ πανταχῇ τοῦτον ἐλέγξαι βουλόμενος, καὶ τὰς τέχνας αὐτοῦ καὶ τὰς πανουργίας ἐμφανεῖς ὑμῖν καταστῆσαι πειρώμενος, ἠρόμην αὐτὸν πόσʼ εἴη τὰ χρήματα τὸ πλῆθος, καθʼ ἃ τὸν Μιλύαν ὡς συνειδότʼ ἐξῄτησεν· οὗτος δὲ ψευσάμενος περὶ πάντων ἔφησεν.
For I, wishing to convict him in every way, and trying to make his tricks and villainies manifest to you, asked him how much was the amount of money concerning which he demanded Milyas as being privy to it; and he, lying, said it was concerning all of it.
περὶ μὲν τοίνυν
ἔφην ἐγώ
τούτου παραδώσω σοι τὸν ἔχοντα τἀντίγραφα ὧν σύ με προὐκαλέσω. §52προομόσαντος δέ μου τὸν ἄνθρωπον ὡς ὡμολόγησας ἐλεύθερον εἶναι καὶ κατὰ Δήμωνος ἐμαρτύρησας, ἂν ἀπομόσῃς τἀναντία τούτων κατὰ τῆς θυγατρός, ἀφίημί σοι πάνθʼ ὑπὲρ ὧν ἂν ἐξαιτήσας φανῇς τὸ πρῶτον βασανιζομένου τοῦ παιδός, καὶ τοσούτῳ σοι γενέσθω τὸ τίμημʼ ἔλαττον ὧν ὦφλες, καθʼ ἃ τὸν Μιλύαν ἐξῄτησας, ἵνα μηδὲν ζημιωθῇς παρὰ τοὺς μάρτυρας. §53ταῦτʼ ἐμοῦ προκαλεσαμένου πολλῶν παρόντων, οὐκ ἂν ἔφη ποιῆσαι.
'Concerning this, then,' said I, 'I will deliver to you the man who has the copies of the challenges you made to me.' And I, having first taken an oath regarding the man, that you admitted he was free and testified against Demon, said: 'If you will swear the opposite of these things by your daughter, I release you from everything concerning which you are shown to have first demanded him when the boy was to be tortured, and let your assessment of the damages you owed be reduced by so much, in proportion to what you demanded Milyas for, so that you may suffer no loss because of the witnesses.' When I made this challenge in the presence of many witnesses, he said he would not do it.
καίτοι ὅστις αὐτὸς αὑτῷ ταῦτʼ ἔφυγεν δικάσαι, πῶς ὑμᾶς χρὴ τοὺς ὀμωμοκότας τούτῳ πειθομένους καταγνῶναι τῶν μαρτύρων, ἀλλʼ οὐ τοῦτον ἀναισχυντότατον πάντων ἀνθρώπων εἶναι νομίζειν;
And yet, when he himself fled from deciding this for himself, how can it be right for you, who are under oath, to be persuaded by him and condemn the witnesses, and not rather to think him the most shameless of all men?
ἀλλὰ μὴν ὡς ἀληθῆ λέγω, κάλει τούτων τοὺς μάρτυρας.
Now, to show that I speak the truth, call the witnesses of these matters.
ΜΑΡΤΥΡΕΣ.
WITNESSES.