Against Evergus and Mnesibulus

Demosthenes

Demosthenes. Vol. V. Private Orations, XLI-XLIX. Murray, A. T., translator. Cambridge, MA: Harvard University Press, 1939 (printing).

To prove that I am speaking the truth, I shall produce as witnesses to these facts those who served the summons.

Witnesses

That he was summoned by me, then, has been testified to you by those who served the summons; now to prove that he was brought into court, take the deposition of the despatching board and the magistrates.

The Deposition

The one who I thought would give me trouble, Demochares of Paeania, was indeed disagreeable before he was brought into court, but after he had been tried and convicted he returned the part of the ship’s equipment that was due from him. But the one whom I should never have expected to go to such an extreme of rascality that he would ever dare to rob the state of the equipment, has gone ahead with all these troublesome lawsuits. He was present in the court-room when the suit was brought in, but never made any defence, nor did he give in the name of anyone for an adjudication,[*](The διαδικασία was a procedure for the adjudication of the claims or responsibilities of various contestants. The technical modern term is interpleader.) as he should have done, if he claims that someone else has the equipment and that it was not his duty to give it back; but he suffered the verdict to be given against him;