Against Aphobus I

Furthermore, men of the jury, I shall prove to you from the account which they render, and from the receipts admitted by themselves, that these three men have in their possession more than eight talents of my money, and that of this amount Aphobus has separately taken three talents and one thousand drachmae. I shall set down separately at a higher figure than they do themselves the moneys they have expended, and shall deduct all the sums they have paid me, that you may see the utter shamelessness of their attempts.

They confess to have received from my estate, Aphobus one hundred and eight minae (besides what I shall now show to be in his hands); Therippides two talents; and Demophon eighty-seven minae. This makes altogether five talents and fifteen minae. Of this sum there are nearly seventy-seven minae, the income from the slaves, which were not received all at once, and a little less than four talents of which they got possession immediately. Now, if you add to this last sum the interest for ten years, reckoned at a drachma only[*](That is, at 12 percent, as above. Demosthenes is liberal indeed in his allowances. The entire sum of seventy-seven minae is crossed off as balanced by expenditures; the interest on four talents for ten years is set down as four talents forty minae, instead of four talents forty-eight minae, so that the total amount becomes eight talents and forty minae. From this there are deducted the moneys paid to him (thirty-one minae) and those paid in taxes (set down as thirty minae, instead of eighteen) and the balance (roughly, eight talents less one talent), is reckoned as seven talents.) you will find that the whole, principal and interest, amounts to eight talents and four thousand drachmae.

From the seventy-seven minae, the profits of the factory, the cost of maintenance of the men must be deducted, for Therippides expended for this seven minae a year, and I admit having received thus much. Thus they expended on our behalf in the ten years seventy minae for maintenance; to this I add the balance, seven hundred drachmae, and thus credit them with a larger expenditure than they do themselves. There must also be deducted from the eight talents and more the sum they handed over to me when I came of age, and the taxes which they have paid to the state.

The defendant and Therippides paid me thirty-one minae, and they compute that they have paid eighteen minae in taxes. I will go beyond them and will make this sum thirty minae, that they may have not a word to say in protest. Well, then, if you take away one talent from the eight, seven are left, which, according to their own admissions of receipts, they must necessarily have in their possession. This sum, then, even if they rob me of everything else and deny that they have it, they ought at least to have paid me, seeing that they admit having received it from my estate.

But what is it that they do? They report no return in interest for this money, and tell me that they have expended the entire principal together with the seventy-seven minae; and Demophon has, moreover, actually set me down as indebted to him. Is not this absolute and barefaced effrontery? Is it not the very excess of outrageous rapacity? What is the meaning of outrageous, if matters pushed to this extreme are not to be so called.

The defendant, then, for his own part, since he admits having received one hundred and eight minae, has in his possession these and the interest on them for ten years, in all about three talents and one thousand drachmae.

In proof that what I say is true—that each one of them in the account of his guardianship admits that he has received the money, but claims to have spent it all—take the depositions and read them.

The Depositions

I think, men of the jury, that you have now been fully informed regarding the theft and wrongdoings of each of these men. You would, however, have had more exact knowledge of the matter, if they had been willing to give up to me the will which my father left; for it contained (so my mother tells me) a statement of all the property that my father left, along with instructions regarding the funds from which these men were to take what had been given them, and regarding the letting of the property.

But as it is, on my demanding it, they admit that there was a will, but they do not produce it; and they take this course because they do not want to make known the amount of the property which was left, and which they have embezzled, and to the end that they may not appear to have received their legacies—as though they would not easily be convicted by the facts themselves.

Take now, and read them the evidence of those in whose presence they made their answers.

The Depositions

This man[*](This man appears to refer to Therippides.) declares that a will was made and testifies that in it the two talents were given to Demophon, and the eighty minae to Aphobus; but he declares there was no additional clause regarding the seventy minae which Therippides received, or regarding the amount of the property bequeathed, or instructions as to the letting of it; for it was not to his interest to make these further admissions.

Now take the answer of the defendant.

The Deposition