§56ὁ δὲ οὔτε ὡς ἐλευθέρου ὄντος τοῦ Αἰσχρίωνος μαρτυρίαν παρέσχετο, οὔθʼ ὡς δοῦλον τὸν Αἰσχρίωνα παραδοὺς ἐκ τοῦ σώματος τὸν ἔλεγχον ἠξίου γενέσθαι, φοβούμενος, ἐὰν μὲν μαρτυρίαν παράσχηται ὡς ἐλευθέρου ὄντος, μὴ ἐπισκηψάμενος ἐγὼ τῶν ψευδομαρτυρίων καὶ ἐξελέγξας τὰ ψευδῆ μεμαρτυρηκότα τὸν Αἰσχρίωνα ἐπὶ τόνδε τῶν κακοτεχνιῶν ἔλθοιμι κατὰ τὸν νόμον, εἰ δʼ αὖ βασανίζειν παραδώσει, μὴ τὰς ἀληθείας κατείποι ὁ Αἰσχρίων.
But he neither produced a deposition as of Aeschrion being a free man, nor, by surrendering Aeschrion as a slave, did he demand that the examination should be made from his body, fearing that, on the one hand, if he produced a deposition as of him being a free man, I might bring a prosecution for false witness, and having proved Aeschrion's testimony to be false, might proceed against him for malicious practices according to the law; and on the other hand, if he surrendered him to be tortured, Aeschrion might speak the truth.
§57καίτοι καλὸν ἦν αὐτῷ, εἰ τῶν ἄλλων λημμάτων τοῦ ἀργυρίου μάρτυρας μὴ εἶχεν παρασχέσθαι, τοῦτό γε ἐξελέγξαι ἐκ τοῦ Αἰσχρίωνος, ὡς οὐκ ἐλήφθησαν αἱ φιάλαι οὐδʼ ἡ μνᾶ τοῦ ἀργυρίου, οὐδὲ ἐπέμφθη ὁ Αἰσχρίων ὑπὸ τούτου ὡς τὸν πατέρα τὸν ἐμόν, καὶ τεκμηρίῳ τούτῳ καταχρήσασθαι πρὸς ὑμᾶς ὅτι ἐγὼ καὶ τἄλλα ψεύδομαι περὶ ὧν ἐγκαλῶ αὐτῷ, ὅπου γε ὅν φημι λαβεῖν οἰκέτην ὄντα τούτου τὰς φιάλας καὶ τὴν μνᾶν τοῦ ἀργυρίου, οὗτος βασανιζόμενος οὐ φαίνεται λαβών.
And yet it would have been honorable for him, if he could not produce witnesses for the other receipts of the money, at least to prove this from Aeschrion, that the phialae were not received nor the mina of silver, nor was Aeschrion sent by him to my father's house, and to use this as a strong proof before you that I am lying also about the other matters with which I charge him—seeing that the person whom I claim, being his slave, received the phialae and the mina of silver, does not appear to have received them when tortured.
§58εἰ τοίνυν τοῦτο ἰσχυρὸν ἦν ἂν τούτῳ πρὸς ὑμᾶς τεκμήριον ὅτι ἐξεδίδου τὸν Αἰσχρίωνα, ὃν πεμφθῆναί φημι ὑπὸ τούτου καὶ λαβεῖν τὰς φιάλας παρὰ τοῦ πατρὸς τοῦ ἐμοῦ καὶ τὴν μνᾶν τοῦ ἀργυρίου δανείσασθαι, κἀμοὶ γενέσθω τεκμήριον πρὸς ὑμᾶς ὅτι συνειδώς με ἀληθῆ ἐγκαλοῦντα οὐ τολμᾷ τὸν Αἰσχρίωνα παραδοῦναι.
If, therefore, this would have been a strong proof for him before you if he had surrendered Aeschrion, whom I say was sent by him and received the phialae from my father and borrowed the mina of silver, let it also be a proof for me before you that, because he is conscious that my charges are true, he does not dare to surrender Aeschrion.
§59ἀπολογίαν τοίνυν ποιήσεται ὅτι ἐν τοῖς γράμμασιν τοῖς τραπεζιτικοῖς ἐπὶ Ἀλκισθένους ἄρχοντος ἦν ἐγγεγραμμένος τό τε ναῦλον τῶν ξύλων εἰληφὼς καὶ τὴν τιμὴν τῶν φιαλῶν, ὃ ἀπέτεισεν Τιμοσθένει ὑπὲρ τούτου ὁ πατήρ, καὶ ὅτι αὐτὸς ἐν τούτῳ τῷ χρόνῳ οὐκ ἐπεδήμει, ἀλλὰ παρὰ βασιλεῖ ἦν.
He will then make his defense that in the bank-books in the archonship of Alcisthenes there was registered both his having received the freight of the timber and the price of the phialae, which my father paid to Timosthenes on his behalf, and that he himself at this time was not in the country, but was with the King.
περὶ δὴ τούτου σαφῶς ὑμᾶς βούλομαι διδάξαι, ἵνʼ ἀκριβῶς εἰδῆτε ὃν τρόπον ἔχει τὰ γράμματα τὰ ἀπὸ τῆς τραπέζης.
Concerning this, I wish to instruct you clearly, so that you may know accurately how the books from the bank stand.
§60οὗτος γὰρ ἐν μὲν τῷ θαργηλιῶνι μηνὶ ἐπʼ Ἀστείου ἄρχοντος, μέλλων ἀνάγεσθαι ὡς βασιλέα, συνέστησεν τὸν Φιλώνδαν τῷ πατρὶ τῷ ἐμῷ· τοῦ δὲ ὑστέρου ἐνιαυτοῦ, ἐπὶ Ἀλκισθένους ἄρχοντος, ἀφικνεῖται ὁ Φιλώνδας ἄγων τὰ ξύλα ἐκ τῆς Μακεδονίας, καὶ ἔλαβεν τὸ ναῦλον τῶν ξύλων παρὰ τοῦ πατρὸς τοῦ ἐμοῦ, ἀποδημοῦντος τούτου παρὰ βασιλεῖ.
For this man in the month of Thargelion in the archonship of Asteius, being about to set sail to the King, introduced Philondas to my father; and in the following year, in the archonship of Alcisthenes, Philondas arrived bringing the timber from Macedonia, and received the freight of the timber from my father, while this man was away with the King.
ἐγράψαντο οὖν, ὅτε ἐδίδοσαν τὸ ἀργύριον, ὀφείλοντα τοῦτον, οὐχ ὅτε συνέστησε τὸν Φιλώνδαν τῷ πατρὶ τῷ ἐμῷ ἐπιδημῶν.
They registered therefore, when they gave the money, that this man was the debtor, not when he introduced Philondas to my father while being in the country.
§61ὅτε μὲν γὰρ συνέστησεν, οὐδέπω τὰ ξύλα ἧκεν, ἀλλʼ ἔμελλεν ἐπʼ αὐτὰ ὁ Φιλώνδας τὴν πορείαν ποιεῖσθαι· ὅτε δὲ ἦλθεν τὰ ξύλα ἄγων, οὗτος μὲν ἀπεδήμει, ὁ δὲ Φιλώνδας ἔλαβεν τὸ ναῦλον τῶν ξύλων καθάπερ οὗτος ἐκέλευσε, καὶ ἀνεκομίσθη εἰς τὴν οἰκίαν τὴν ἐν Πειραιεῖ τὴν τούτου τὰ ξύλα.
For when he introduced him, the timber had not yet come, but Philondas was about to make his journey for it; but when he came bringing the timber, this man was away, and Philondas received the freight of the timber just as this man ordered, and the timber was conveyed to this man's house in Piraeus.
ὅτι δὲ οὐκ εὐπορῶν οὗτος ἐξέπλει ἐνθένδε, ἴστε μὲν καὶ αὐτοὶ ὅσοις αὐτοῦ ἡ οὐσία ὡρισμένη ἦν, οὓς νῦν ἀποστερεῖ· ἵνα δὲ εἰδῆτε ὅτι καὶ ἄνευ ἐνεχύρων ὤφειλέ τισι τῶν πολιτῶν, οὐκ ἔχων ὑποθεῖναι τὰ ἄξια, ἀνάγνωθί μοι τὴν μαρτυρίαν.
And that this man did not set sail from here in prosperous circumstances, you yourselves know, as many of you as had his property mortgaged to them, whom he is now defrauding; but that you may know that even without security he owed money to some of the citizens, not having sufficient property to pledge, read me the deposition.
ΜΑΡΤΥΡΙΑ.
DEPOSITION.
§62περὶ δὲ τῶν φιαλῶν, ἃς ᾐτήσατο μὲν ἐν τῷ μαιμακτηριῶνι μηνὶ ὁ Αἰσχρίων ὁ ἀκόλουθος ὁ τούτου ἐπʼ Ἀστείου ἄρχοντος, ἐπιδημοῦντος τούτου, ὅτε ὑπεδέξατο Ἀλκέτην καὶ Ἰάσονα, γεγραμμένου δὲ τὴν τιμὴν ὀφείλοντος τούτου ἐπὶ Ἀλκισθένους ἄρχοντος, τέως μὲν ᾤετο αὐτὸν ἀποίσειν τὰς φιάλας, ἃς ᾐτήσατο, ὁ πατήρ· ἐπειδὴ δὲ οὗτος μὲν ἀπῆλθε, τὰς δὲ φιάλας οὐκ ἀπενηνόχει, οὐδʼ ἦσαν αἱ φιάλαι τοῦ Τιμοσθένους κείμεναι παρὰ τῷ Φορμίωνι, ἥκων δʼ ἀπῄτει τὰς φιάλας ὁ θέμενος, ἀπέτεισε τιμὴν τῶν φιαλῶν τῷ Τιμοσθένει, ἐγράψατο δὲ ὁ πατὴρ αὑτῷ τοῦτον ὀφείλοντα πρὸς τὸ ἄλλο χρέως.
And concerning the phialae, which Aeschrion, this man's attendant, asked for in the month of Maimacterion in the archonship of Asteius, while this man was in the country, when he entertained Alcetas and Jason, but which was registered in the archonship of Alcisthenes as this man owing the price, my father for a while expected that he would bring back the phialae which he had asked for; but when this man went away and had not brought back the phialae, and they were not the phialae of Timosthenes lying at Phormio's bank, and the depositor came and demanded back the phialae, my father paid the price of the phialae to Timosthenes, and registered this man as owing it to him in addition to the other debt.