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Demosthenes · Against Timotheus §34-41

Evidence for the Private Use and Freight of the Timber

Passage 5 of 9 · Greek

Summary

The plaintiff (Apollodorus) argues that the timber brought by Philondas was actually used for Timotheus's private building and that the freight-money could only have been paid by his father (Pasion), supporting his claim through circumstantial evidence and the silence of Timotheus's relatives, who refused to testify either falsely for him or truthfully against him.

§34ὡς μὲν τοίνυν τούτου ἦν τὰ ξύλα ἃ ἤγαγεν ὁ Φιλώνδας, αὐτός μοι μεμαρτύρηκεν· ὡμολόγει γὰρ αὐτὰ πρὸς τῷ διαιτητῇ ἀνακομισθῆναι εἰς τὴν οἰκίαν τὴν ἑαυτοῦ τὴν ἐν Πειραιεῖ, ὡς μεμαρτύρηται ὑμῖν ὑπὸ τῶν ἀκουόντων.
Therefore, that the timber which Philondas brought belonged to this man, he himself has testified to me; for he admitted before the arbitrator that it was conveyed to his own house in Peiraeus, as has been testified to you by those who heard him.
ἔτι δὲ καὶ ἐκ τεκμηρίων πειράσομαι ἐγὼ ὑμᾶς διδάξαι ὅτι ἀληθῆ λέγω.
Furthermore, I will also try to show you from circumstantial evidence that I speak the truth.
§35οἴεσθε γάρ, ὦ ἄνδρες δικασταί, τὸν πατέρα τὸν ἐμόν, εἰ μὴ Τιμοθέου ἦν τὰ ξύλα καὶ ἐδεήθη οὗτος αὐτοῦ συστήσας τὸν Φιλώνδαν, ὅτε ἀνήγετο ὡς τοὺς στρατηγοὺς τοὺς βασιλέως, παρασχεῖν τὸ ναῦλον, ἐᾶσαι ἄν ποτε ὑποκειμένων αὐτῷ τῶν ξύλων τοῦ ναύλου ἀνακομίσαι τὸν Φιλώνδαν τὰ ξύλα ἐκ τοῦ λιμένος, ἀλλʼ οὐκ ἂν παρακαταστήσαντά τινα τῶν οἰκετῶν φυλάττειν καὶ τιμὴν λαμβάνειν τῶν πωλουμένων ξύλων, ἕως ἐκομίσατο τὰ ἑαυτοῦ, εἴπερ Φιλώνδου ἦν τὰ ξύλα καὶ ἐμπορίας ἕνεκα ἤχθη;
For do you think, men of the jury, that my father, if the timber had not belonged to Timotheus and if this man had not, when he was departing to the King's generals, introduced Philondas and requested my father to provide the freight-money, would ever have allowed Philondas to convey the timber from the harbor while the timber was lying as security to him for the freight, and would not rather have stationed one of his domestic slaves to watch and receive the price of the timber as it was sold, until he recovered his own money, if indeed the timber had belonged to Philondas and had been brought for the purpose of trade?
§36ἔπειτα πρὸς τούτοις τίνι ὑμῶν εἰκὸς δοκεῖ εἶναι, μὴ κελεύσαντος τούτου τὸ ναῦλον παρασχεῖν τῶν ξύλων τῶν δοθέντων τούτῳ ὑπὸ Ἀμύντου, πιστεῦσαι τὸν πατέρα τὸν ἐμὸν Φιλώνδᾳ καὶ ἐᾶσαι ἀνακομίσαι τὰ ξύλα ἐκ τοῦ λιμένος εἰς τὴν οἰκίαν τὴν τούτου;
Then, in addition to this, to whom among you does it seem likely that, without this man ordering the freight-money to be provided for the timber given to him by Amyntas, my father would have trusted Philondas and allowed him to convey the timber from the harbor to this man's house?
ἢ πῶς οἷόν τʼ ἐστὶν τὸν μὲν Φιλώνδαν ἐμπορίας ἕνεκα ἀγαγεῖν τὰ ξύλα, ὡς οὗτός φησιν, καταχρήσασθαι δὲ τοῦτον ἥκοντα εἰς τὴν οἰκοδομίαν τὴν αὑτοῦ τοῖς ξύλοις τούτοις;
Or how is it possible for Philondas to have brought the timber for the purpose of trade, as this man says, and for this man, upon his return, to have consumed these timbers for his own building?
§37σκέψασθε δὲ κἀκεῖνο, ὅτι πολλοὶ καὶ χρηστοὶ τῶν πολιτῶν οἰκεῖοι ὄντες τούτῳ ἐπεμελοῦντο τῶν τούτου, ἀποδημοῦντος παρὰ βασιλεῖ Τιμοθέου· ὧν οὐδεὶς τετόλμηκεν μαρτυρῆσαι τούτῳ ἢ ὡς οὐκ ἔλαβεν ὁ Φιλώνδας τὸ ναῦλον τῶν ξύλων ἀπὸ τῆς τραπέζης ἢ ὡς λαβὼν ἀπέδωκεν, οὐδʼ αὖ ὡς αὐτῶν τις διέλυσε τὸ ναῦλον ὑπὲρ τῶν ξύλων ὧν ἤγαγεν ὁ Φιλώνδας, δοθέντων τούτῳ παρʼ Ἀμύντου· ἡγοῦνται γὰρ περὶ πλείονος αὑτοῖς εἶναι καλοὶ κἀγαθοὶ δοκεῖν εἶναι μᾶλλον ἢ Τιμοθέῳ χαρίσασθαι τὰ ψευδῆ μαρτυροῦντες.
And consider also this, that many respectable citizens who were relatives of his were taking care of his property while Timotheus was abroad with the King; of whom no one has dared to testify for him either that Philondas did not receive the freight-money for the timber from the bank, or that having received it he paid it back, nor again that any of them settled the freight-money for the timber which Philondas brought, which had been given to this man by Amyntas; for they consider it of more value to be thought honorable and good men than to gratify Timotheus by testifying to what is false.
§38οὐ μέντοι οὐδὲ τούτου γʼ ἔφασαν καταμαρτυρῆσαι ἂν τἀληθῆ· οἰκεῖον γὰρ αὑτοῖς εἶναι.
However, they said that they would not testify to the truth against him either; for they said he was their relative.
ὅπου τοίνυν μηδεὶς τετόλμηκε τῶν οἰκείων τούτῳ μαρτυρῆσαι καὶ ἐπιμελομένων τῶν τούτου, ὅτε ἀπεδήμει οὗτος παρὰ βασιλεῖ, ἢ ὡς οὐκ ἔλαβεν ὁ Φιλώνδας τὸ ναῦλον τῶν ξύλων ἀπὸ τῆς τραπέζης ἢ ὡς αὐτῶν τις διέλυσεν, πῶς οὐκ εἰκός ἐστιν ὑμᾶς ἡγεῖσθαί με τἀληθῆ λέγειν;
Where therefore no one of his relatives and of those taking care of his property when he was abroad with the King has dared to testify for him either that Philondas did not receive the freight-money for the timber from the bank or that any of them settled it, how is it not likely that you should believe me to be speaking the truth?
§39καὶ μὴν οὐδʼ ἐκεῖνό γε τολμήσει λέγειν, ὡς ἄλλος τις διέλυσε τὸ ναῦλον ὑπὲρ τῶν ξύλων ὧν ἤγαγεν ὁ Φιλώνδας, ἢ ὁ πατὴρ ὁ ἐμός.
And indeed, he will not even dare to say this, that anyone else settled the freight-money for the timber which Philondas brought, other than my father.
ἐὰν δὲ καταχρῆται τῷ λόγῳ, ἀξιοῦτε αὐτὸν καὶ τὴν μαρτυρίαν παρασχέσθαι ὑμῖν τοῦ ἀποδόντος τὸ ναῦλον ὑπὲρ τῶν ξύλων.
But if he abuses this argument, require him to produce to you the deposition of the one who paid the freight-money for the timber.
αὐτὸς μὲν γὰρ ὁμολογεῖται ἀποδημεῖν παρὰ βασιλεῖ, τὸν δὲ Φιλώνδαν, ὃν ἔπεμψεν ἐπὶ τὰ ξύλα καὶ συνέστησε τῷ πατρὶ τῷ ἐμῷ, τεθνηκότα κατέλαβες ἥκων παρὰ βασιλέως.
For he himself is admitted to have been abroad with the King, and as for Philondas, whom he sent for the timber and introduced to my father, you found him dead upon your return from the King.
§40ἀναγκαῖον δὴ τῶν ἄλλων οἰκείων καὶ ἐπιτηδείων, οὓς κατέλιπες ἀποδημεῖν μέλλων συνεπιμελεῖσθαι τῶν σαυτοῦ, εἰδέναι τινὰ ὅθεν τὸ ναῦλον τῶν ξύλων πορίσας ὁ Φιλώνδας τῷ ναυκλήρῳ διέλυσεν, εἰ μὴ φὴς τὸν πατέρα τὸν ἐμὸν συστῆσαι αὐτῷ, μηδὲ λαβεῖν τὸν Φιλώνδαν παρὰ τοῦ πατρὸς τοῦ ἐμοῦ τὸ ναῦλον τῶν ξύλων.
It is therefore necessary that some one of your other relatives and friends, whom you left behind when you were about to go abroad to take joint care of your property, should know from where Philondas, having procured the freight-money, paid off the shipowner, unless you deny that my father introduced him to him, or that Philondas received from my father the freight-money for the timber.
§41μαρτυρίαν τοίνυν οὐδενὸς ἔχεις παρασχέσθαι τῶν οἰκείων τῶν σαυτοῦ, ὡς οὐκ ἐλήφθη σοῦ ἀποδημοῦντος τὸ ναῦλον τῶν ξύλων ἀπὸ τῆς τραπέζης, ἀλλὰ δυοῖν θάτερον, ἢ οὐδενὶ χρῇ τῶν οἰκείων οὐδὲ πιστεύεις τῶν σαυτοῦ οὐδενί, ἢ εἰδὼς ἀκριβῶς τὸν Φιλώνδαν λαβόντα τὸ ναῦλον τῶν ξύλων παρὰ τοῦ πατρὸς τοῦ ἐμοῦ, ᾧπερ αὐτὸν συνέστησας ὅτε ἐξέπλεις, οἴει δεῖν ἀποστερήσας ἡμᾶς, ἐὰν δύνῃ, πλεονεκτεῖν.
Therefore, you have no deposition of any of your relatives to produce, showing that the freight-money for the timber was not taken from the bank while you were abroad; but it must be one of two things: either you associate with none of your relatives nor trust any of your own people, or else, knowing full well that Philondas received the freight-money for the timber from my father, to whom you introduced him when you sailed out, you think you ought, by robbing us, if you can, to take an unfair advantage.

Notes

  1. §35ἐᾶσαι ἄν — This is an infinitive with ἄν standing in indirect discourse introduced by οἴεσθε ("do you think...?"), representing an unreal (contrary-to-fact) indicative in the past. The protasis is expressed by εἰ μὴ ... ἦν ... καὶ ἐδεήθη ("if it had not been... and if he had not requested..."). The subsequent infinitive ἀλλʼ οὐκ ἂν ... φυλάττειν is also dependent on οἴεσθε and represents the counter-factual alternative ("would he not rather have stationed...?").
  2. §35ὑποκειμένων αὐτῷ τῶν ξύλων τοῦ ναύλου — A genitive absolute construction where τῶν ξύλων is the subject and the present participle ὑποκειμένων acts as the predicate. It expresses an attendant circumstance: "while the timber was lying as security to him for the freight."
  3. §38ἔφασαν καταμαρτυρῆσαι ἂν — The verb ἔφασαν ("they said") is followed by the infinitive καταμαρτυρῆσαι with ἂν. In direct discourse, this represents οὐκ ἂν καταμαρτυρήσαιμεν ("we would not testify against him"), expressing a potential or hypothetical refusal. This highlights that the relatives, despite knowing the truth, refused to give testimony that would damage Timotheus's case.
  4. §39κατέλαβες — Second person singular form ("you found"). Here, the speaker (Apollodorus) shifts his address from the jury (the objective narrative in the third person) directly to the defendant Timotheus (an apostrophe), heightening the rhetorical confrontation.

Cite this passage

Demosthenes, Against Timotheus §34-41. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:greekLit:tlg0014.tlg049.humanitext-grc2:34-41

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