Against Aphobus I
Demosthenes
Demosthenes. Vol. IV. Orations, XXVII-XL. Murray, A. T., translator. Cambridge, MA: Harvard University Press, 1936 (printing).
He had the audacity to say before the arbitrator[*](The public arbitrators at Athens were chosen from a body of citizens of advanced age. To one or another of these men (selected by lot) the magistrate would refer civil cases before trial in hopes of bringing about a settlement of the points at issue out of court.) that he had paid many debts for me out of the estate to Demophon and Therippides, his fellow-guardians, and that they received a large part of my property, yet neither of these facts was he able to prove. He did not show by the books that my father left me in debt, nor has he brought forward as witnesses the men whom he says he paid; nor, again, is the amount of money which he charged against his fellow-guardians equal to the amount which he is shown to have received himself. On the contrary, it is much less.
When the arbitrator questioned him about each of these matters, and asked him whether he had managed his own estate from the interest or had spent the principal, and whether,if he had been under guardianship, he would have accepted an account of this sort from his guardians or would have demanded that the money be duly paid to him with the accrued interest, he made no answer to these questions, but tendered me a challenge[*](The challenge was often used in Athenian lawsuits. Here Aphobus virtually offers Demosthenes a compromise, fixing the value of the estate at ten talents instead of thirty. Sometimes the challenger dares his opponent to give an oath, or to offer a slave for torture.) to the effect that he was ready to show that my property was worth ten talents, and said that, if it fell short of this amount, he would himself make up the difference.
When I bade him prove this to the arbitrator, he did not do so, nor did he show that his fellow-guardians had paid me (for if he had, the arbitrator would not have given judgement against him); but he put in a piece of evidence[*](The speaker would have the jury think that the bit of evidence in question is unworthy of further notice.) of a sort regarding which he will try to find something to say.
If even now he still tries to assert that I am in possession of property, ask him who handed it over to me, and demand that he produce witnesses to prove each statement.