Against Olympiodorus

Demosthenes

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

I tendered him this challenge, but he refused to do anything of the sort; no, he has tried thus artfully to prevent your hearing the agreement from copies jointly made.

To prove that I tendered him this challenge, the clerk shall read you the deposition of the persons in whose presence I tendered it. Read the deposition.

The Deposition

How, then, could it be made more plain that the fellow is unwilling to act justly toward me in any way, that he thinks to rob me of what I ought to receive by advancing excuses and preferring charges, and that he determined that you should not hear the agreement which he asserts I have broken? But I challenged him then before the witnesses who were present, and I challenge him again now before you jurymen, and I demand that he consent, and I myself do consent, to have the articles of agreement opened here in the court-room, to let you hear them, and to have them sealed up again in your presence.

Androcleides is present here; for I gave him notice to come and bring the articles of agreement. I consent, men of the jury, that they be opened during the defendant’s speech, in either his first or his second, it makes no difference to me. But I wish you to hear the agreement and the oaths which Olympiodorus the defendant and I swore to one another. If he consents, let this be done, and do you hear for yourselves the articles when he shall see fit; and if he refuses to take this course, will it not be plain without further proof, men of the jury, that he is the most shameless of humankind, and that you may rightly refuse to accept as true anything whatever that he says?

But why am I so earnest in urging this? The defendant himself knows well that he has sinned against me and sinned against the gods in whose name he swore, and that he is a perjurer. But something has deranged him, men of the jury, and he is not in his senses. I am pained and I feel shame, men of the jury, at what I am about to tell you, but I am forced to tell it, in order that you, in whose hands the verdict lies, may hear all the facts before you reach the conclusion regarding us which may seem to you best.