Against Zenothemis

In this, too, he failed; for the magistrates in Cephallenia decided that the vessel should return to Athens, from which port she had set sail. Then the man, whom no one would have thought audacious enough to come here, after having plotted and wrought such deeds—this man, Athenians, has so surpassed all in shamelessness and audacity, that he has not only come, but has actually laid claim to my grain, and has brought suit against me!

What, then, is the reason for this? And what can have induced the fellow to come here and commence this suit? I will tell you, men of the jury, though Heaven knows it gives me pain to do so; but I must. There exists in the Peiraeus a gang of scoundrels[*](For the Greek phrase compare Dem. 37.39, Dem. 39.2, and Dem. 40.9) closely leagued with one another.

You would know them at once, should you see them. When this man Zenothemis was scheming to prevent the vessel from completing her voyage to Athens we chose one of these men after consulting with one another[*](The precise meaning of the phrase ἐκ βουλῆς is disputed. Others take it as meaning that the man in question was a member of the Athenian βουλή, or Senate.) as our representative. He was known to us after a fashion, but we had no idea of his real character. This was in fact a piece of misfortune for us as great, if so much may be said, as our having to deal with rascals at the start. This man who was sent out by us—his name was Aristophon, and he is the same one, as we now hear, who managed the business of Miccalion—has entered into an agreement with the plaintiff, and has sold him his services. In a word he is the one who is managing the whole affair, and Zenothemis has been glad to accept this help.

For when he failed in his scheme to destroy the vessel, not being able to pay back their money to his creditors—how could he pay, when at the start he had put nothing on board?—he lays claim to my goods, and declares that he has lent money to Hegestratus on the security of the grain which our agent sailing with him had purchased. The creditors, who had been deceived in the first instance, seeing that instead of receiving their money, they have a scoundrel as their debtor and nothing more, and hoping that, if you are imposed upon by Zenothemis, they may recover their own out of my property, are forced to make common cause with him in order to protect their own interests, although they know him to be making these false charges against me.

Such, to speak briefly, is the matter on which you are to cast your votes. But I wish first to bring before you the witnesses to what I am saying, and then to instruct you regarding other aspects of the case.

Please read the depositions.

The Depositions

When the vessel arrived here—for the Cephallenians ordered, despite the plaintiff’s machinations, that it should put into the port from which it first sailed—those who had lent money on the ship immediately took possession of her, and the man who had bought the grain took possession of it; he was the one who had borrowed the money of us. After this the plaintiff came, having with him Aristophon, the man sent out as our representative, and laid claim to the grain, saying that he had lent money to Hegestratus.

What are you saying, fellow? exclaimed Protus immediately. (This was the name of the man who imported the grain, and who owed us the money.) Is it you who have given money to Hegestratus, you who aided him to deceive the others, that he might borrow of them? Would you who often heard him say that those who ventured their money would lose it, would you, I say, hearing this, have ventured yours? Yes, said he impudently. Well, then, interrupted one of those present, if what you say is never so true, your partner and fellow-countryman, Hegestratus, has taken you in, it appears, and for that has passed sentence of death upon himself, and is dead.

Yes, said another of the bystanders, and that this fellow has co-operated with Hegestratus in the whole matter, I will give you a proof. For before the attempt was made to cut through the ship’s bottom, this man and Hegestratus deposited with one of the ship’s company a written agreement. Yet, if you had confidence in him when you gave the money, why should you have sought some security for yourself before the crime? But if you distrusted him, why did you not, like the others, get a legal acknowledgement before sailing?

But why relate all that was said? We made no progress by all this talking; he held on to the grain. Protus tried to put him out, and so did Phertatus, Protus’s partner; but he wouldn’t budge, declaring point-blank that he would not be put out of possession by anyone, unless I myself should put him out.[*](The meaning appears to be that Zenothemis considered Demo, rather than Protus, a person from whom he might hope to win damages for ejectment.)

After this Protus and I challenged him to go before the Syracusan authorities, and, if it should be shown that Protus had bought the grain, that the customs duties were recorded in his name, and that it was he who had paid the price, we demanded that Zenothemis be punished as a rascal; if this were not proved, we agreed that he should receive back all he had expended and a talent in addition and that we would relinquish our claim to the grain. Despite this challenge and all that Protus and I could say, we made no progress, but I had to choose either to put Zenothemis out, or to lose my property which had been brought safe to port and was there before my eyes.

Protus on his part adjured us by the gods to put him out, declaring himself ready to sail back to Sicily; but if, despite this willingness of his, I should give up the grain to Zenothemis, he said it made no difference to him. To prove that I am telling the truth in this—that the plaintiff refused to be put out of possession except by me, that he refused the challenge to sail back to Sicily, and that he deposited the agreement in the course of the voyage—read the depositions.

TheDepositions

When, therefore, he refused to be put out of possession by Protus, or to sail back to Sicily for an equitable settlement, and when it was proved that he was an accomplice in all the villainy of Hegestratus, the only course left for us, who had lent our money here at Athens and had taken over the grain from the man who had honestly purchased it there in Sicily, was to dispossess the plaintiff.