§11καὶ δὴ κατὰ τοῦτο τὸ χωρίον, ὦ ἄνδρες δικασταί, γενομένης ἐπομβρίας συνέβη τὸ ὕδωρ ἐμβαλεῖν·
And indeed, in this very land, men of the jury, a heavy rain having occurred, it happened that the water broke in.
ἀμεληθὲν δʼ οὔπω τοῦ πατρὸς ἔχοντος αὐτό, ἀλλʼ ἀνθρώπου δυσχεραίνοντος ὅλως τοῖς τόποις καὶ μᾶλλον ἀστικοῦ, δὶς καὶ τρὶς ἐμβαλὸν τὸ ὕδωρ τά τε χωρίʼ ἐλυμήνατο καὶ μᾶλλον ὡδοποίει.
Because it was neglected, since my father did not yet possess it, but a man who was utterly averse to the locality and rather a city dweller held it, the water, having broken in two or three times, ruined the lands and rather made a road for itself.
διὸ δὴ ταῦθʼ ὁ πατὴρ ὁρῶν, ὡς ἐγὼ τῶν εἰδότων ἀκούω, καὶ τῶν γειτόνων ἐπινεμόντων ἅμα καὶ βαδιζόντων διὰ τοῦ χωρίου, τὴν αἱμασιὰν περιῳκοδόμησεν ταύτην.
Therefore, seeing this, as I hear from those who know, and because the neighbors at the same time pastured their flocks and walked through the land, my father walled it in with this stone wall.
§12καὶ ὡς ταῦτʼ ἀληθῆ λέγω, παρέξομαι μὲν καὶ μάρτυρας ὑμῖν τοὺς εἰδότας, πολὺ δʼ, ὦ ἄνδρες Ἀθηναῖοι, τῶν μαρτύρων ἰσχυρότερα τεκμήρια.
And to prove that I am speaking the truth, I will present to you not only witnesses who know the facts, but also, men of Athens, proofs far stronger than witnesses.
Καλλικλῆς μὲν γάρ φησιν τὴν χαράδραν ἀποικοδομήσαντα βλάπτειν ἔμʼ αὑτόν· ἐγὼ δʼ ἀποδείξω χωρίον ὂν τοῦτο, ἀλλʼ οὐ χαράδραν.
For Callicles says that I am harming him by walling off the watercourse; but I shall show that this is private land, and not a watercourse.
§13εἰ μὲν οὖν μὴ συνεχωρεῖθʼ ἡμέτερον ἴδιον εἶναι, τάχʼ ἂν τοῦτʼ ἠδικοῦμεν, εἴ τι τῶν δημοσίων ᾠκοδομοῦμεν· νυνὶ δʼ οὔτε τοῦτʼ ἀμφισβητοῦσιν, ἔστιν τʼ ἐν τῷ χωρίῳ δένδρα πεφυτευμένα, ἄμπελοι καὶ συκαῖ.
If, therefore, it were not admitted to be our private property, we might perhaps be doing wrong, if we were building on any public land; but as it is, they do not dispute this, and there are trees planted in the land, vines and fig trees.
καίτοι τίς ἂν ἐν χαράδρᾳ ταῦτα φυτεύειν ἀξιώσειεν;
Yet who would think fit to plant these in a watercourse?
οὐδείς γε.
No one, indeed.
τίς δὲ πάλιν τοὺς αὑτοῦ προγόνους θάπτειν;
And who, again, would think of burying his own ancestors there?
§14οὐδὲ τοῦτʼ οἶμαι.
No one would think of that either, I suppose.
ταῦτα τοίνυν ἀμφότερʼ, ὦ ἄνδρες δικασταί, συμβέβηκεν· καὶ γὰρ τὰ δένδρα πεφύτευται πρότερον ἢ τὸν πατέρα περιοικοδομῆσαι τὴν αἱμασιάν, καὶ τὰ μνήματα παλαιὰ καὶ πρὶν ἡμᾶς κτήσασθαι τὸ χωρίον γεγενημένʼ ἐστίν.
Both of these things, therefore, men of the jury, have actually occurred; for the trees were planted before my father walled in the property, and the tombs are old and were made before we acquired the land.
καίτοι τούτων ὑπαρχόντων τίς ἂν ἔτι λόγος ἰσχυρότερος, ὦ ἄνδρες Ἀθηναῖοι, γένοιτο;
Yet, these things being so, what stronger argument, men of Athens, could there be?
τὰ γὰρ ἔργα φανερῶς ἐξελέγχει.
For the facts themselves openly refute them.
καί μοι λαβὲ πάσας νυνὶ τὰς μαρτυρίας, καὶ λέγε.
Now, take all the depositions for me, and read them.
ΜΑΡΤΥΡΙΑΙ.
DEPOSITIONS.
§15ἀκούετʼ, ὦ ἄνδρες Ἀθηναῖοι, τῶν μαρτυριῶν.
Listen, men of Athens, to the depositions.
ἆρʼ ὑμῖν δοκοῦσι διαρρήδην μαρτυρεῖν, καὶ χωρίον εἶναι δένδρων μεστὸν καὶ μνήματʼ ἔχειν τινὰ καὶ τἄλλʼ ἅπερ καὶ τοῖς ἄλλοις χωρίοις συμβέβηκεν, καὶ πάλιν ὅτι περιῳκοδομήθη τὸ χωρίον ζῶντος μὲν ἔτι τοῦ τούτων πατρός, οὐκ ἀμφισβητούντων δʼ οὔτε τούτων οὔτʼ ἄλλου τῶν γειτόνων οὐδενός;
Do they not seem to you to testify explicitly that the land is full of trees, contains certain tombs, and has all the other features that belong to other private lands; and again, that the land was walled in while their father was still alive, without either these men or any other of the neighbors disputing it?
§16ἄξιον δʼ, ὦ ἄνδρες δικασταί, καὶ περὶ τῶν ἄλλων ὧν εἴρηκε Καλλικλῆς ἀκοῦσαι.
It is also worth while, men of the jury, to hear about the other things that Callicles has said.
καὶ σκέψασθε πρῶτον μέν, εἴ τις ὑμῶν ἑόρακεν ἢ ἀκήκοεν πώποτε παρʼ ὁδὸν χαράδραν οὖσαν.
And consider first, if any of you has ever seen or heard of a watercourse running along a road.
οἶμαι γὰρ ἐν πάσῃ τῇ χώρᾳ μηδεμίαν εἶναι· τοῦ γὰρ ἕνεκʼ ἄν, ὃ διὰ τῆς ὁδοῦ τῆς δημοσίας ἔμελλεν βαδιεῖσθαι φερόμενον, τούτῳ διὰ τῶν ἰδίων χωρίων χαράδραν ἐποίησέν τις;
For I believe there is none in the whole country; for why indeed should anyone make a watercourse through his private property for water which was bound to run down through the public road?
§17ἔπειτα τίς ἂν ὑμῶν εἴτʼ ἐν ἀγρῷ νὴ Δίʼ εἴτʼ ἐν ἄστει τὸ διὰ τῆς ὁδοῦ ῥέον ὕδωρ εἰς τὸ χωρίον ἢ τὴν οἰκίαν δέξαιτʼ ἂν;
Next, by Zeus, who among you, whether in the country or in the city, would welcome into his land or his house the water flowing along the road?
ἀλλʼ οὐκ αὐτὸ τοὐναντίον, κἂν βιάσηταί ποτε, ἀποφράττειν ἅπαντες καὶ παροικοδομεῖν εἰώθαμεν;
Would we not, on the contrary, even if it forces its way at some time, all make it a habit to block it up and build walls against it?
οὗτος τοίνυν ἀξιοῖ μʼ ἐκ τῆς ὁδοῦ τὸ ὕδωρ εἰσδεξάμενον εἰς τὸ ἐμαυτοῦ χωρίον, ὅταν τὸ τούτου παραλλάξῃ χωρίον, πάλιν εἰς τὴν ὁδὸν ἐξαγαγεῖν.
Yet this man expects me to receive the water from the road into my own land, and when it has passed his land, to lead it back again into the road.
οὐκοῦν πάλιν ὁ μετὰ τοῦτόν μοι γεωργῶν τῶν γειτόνων ἐγκαλεῖ· τὸ γὰρ ὑπὲρ τούτου δίκαιον δῆλον ὅτι κἀκείνοις ὑπάρξει πᾶσι λέγειν.
Surely then, the neighbor who farms after him will complain of me in turn; for the same right that applies to this man will clearly belong to all of them to assert.
§18ἀλλὰ μὴν εἴ γʼ εἰς τὴν ὁδὸν ὀκνήσω τὸ ὕδωρ ἐξάγειν, ἦ που σφόδρα θαρρῶν εἰς τὸ τοῦ πλησίον χωρίον ἀφιείην ἄν.
But indeed, if I hesitate to lead the water out into the road, I would surely have to be very bold to discharge it into my neighbor's land.
ὅπου γὰρ δίκας ἀτιμήτους φεύγω διότι τὸ ἐκ τῆς ὁδοῦ ῥέον ὕδωρ εἰς τὸ τούτου χωρίον διέπεσεν, τί πείσομαι πρὸς Διὸς ὑπὸ τῶν ἐκ τοῦ χωρίου τοὐμοῦ τοῦ ὕδατος εἰσπεσόντος βλαπτομένων;
For where I am defending a suit with damages unassessed because the water flowing from the road fell into this man's land, what, by Zeus, shall I suffer at the hands of those damaged by the water falling from my own land?
ὅπου δὲ μήτʼ εἰς τὴν ὁδὸν μήτʼ εἰς τὰ χωρίʼ ἀφιέναι μοι τὸ ὕδωρ ἐξέσται δεξαμένῳ, τί λοιπόν, ὦ ἄνδρες δικασταί, πρὸς θεῶν;
And when it is permitted to me neither to discharge the water into the road nor into the lands after having received it, what is left, men of the jury, by the gods?
οὐ γὰρ ἐκπιεῖν γε δήπου με Καλλικλῆς αὐτὸ προσαναγκάσει.
For Callicles will certainly not compel me to drink it up.