Apollodorus Against Timotheus

Well then, that Timotheus was left by my father owing us the money as a debtor for which I am suing him, and that this is a part of my share, my brother has testified, and so has Phormio, who paid the money; and I was ready confirm the fact by an oath. But when the defendant challenged me before the arbitrator, bidding me bring the books from the bank and demanding copies, and sent Phrasiendes to the bank, I brought out the books and allowed Phrasiendes to examine them and to copy out the entries of all the sums that Timotheus owed.

To prove that the defendant himself admitted having received the copies, (to the clerk) please read the deposition.

The Deposition

I therefore brought the books to the arbitrator. Phormio and Euphraeus, who had paid the money to the persons designated by Timotheus, were present, and they exposed his falsehoods by showing the date at which he had contracted each loan, the person who received the money, and the use for which he expended it. Regarding the one thousand three hundred and fifty-one drachmae two obols, which he borrowed as the first loan in the month Munichion in the archonship of Socratidas, when he was about to set out on his voyage, and which the defendant ordered to be paid to Antimachus, his treasurer, he declared that my father lent the money to Antimachus on his own private account, and that he (the defendant) did not himself receive it.

To prove the truth of this statement he has produced no witness, but is vigorous in his assertion, in order that it may not appear that he is himself defrauding us, but that Antimachus borrowed the money. And yet, men of the jury, I will give you a convincing proof that my father lent the money, not to Antimachus, but to Timotheus when he was about to sail. For which do you think would have been the easier course for my father, to file a claim against the estate of Antimachus, when his property was confiscated, for this sum as due to him, supposing he had lent it to Antimachus,

or to wait until the defendant might be in better circumstances so as to collect it from him, seeing that he had at that time little hope of deliverance? Surely, if he had filed the claim, he would not have been at a loss to find the deposit money,[*](This was a small sum to cover court charges.) nor would you have had any cause to disbelieve him. For you all know that my father had no wish unjustly to acquire public funds, but that he willingly expended his own money in your service whenever you bade him do so;

and besides, Callistratus, who sold the goods of Antimachus, was a friend of his, so that my father was meeting no opposition. What possible motive then, could my father have had to leave Timotheus inscribed in his books is our debtor, if he did not really owe the money, rather than file his claim and recover his debt from the confiscated estate of Antimachus?

Now with regard to the one thousand drachmae which he borrowed from Antiphanes in Calaureia to distribute to the Boeotian trierarchs,when he was about to sail home for his trial, and which he paid to Philip the shipowner after he had got them from my father, he maintains that the Boeotian admiral borrowed the money and gave my father some copper as security for it. That this, however, is untrue, I will give you a convincing proof.

In the first place, it is proved that the defendant borrowed the thousand drachmae in Calaureia, and not the Boeotian admiral; secondly, that Philip demanded payment of the thousand drachmae here from Timotheus and not from the Boeotian admiral, and that Timotheus made payment and not the Boeotian admiral; for it was quite proper that the Boeotian admiral should receive from Timotheus the maintenance for the crews of his ships, since the pay for the troops came out of a common contribution, and it was you, Timotheus, who collected all the money from the allies, and you were bound to account for it.

Again, supposing the Boeotian fleet had disbanded and the troops had dispersed to their various homes, the Boeotian admiral was in no danger from the Athenians, nor was any trial impending over him; you, however, were in very great danger, and in your utter terror you thought it would be a great aid to your defence, if the Boeotian triremes should stay with the fleet until your trial should come off. Besides, from what motive of friendship pray, would my father have lent the one thousand drachmae to the Boeotian admiral whom he did not even know?

Ah, but he says the admiral pledged some copper as security. How much, then? and from what country was it imported? And from what source did the Boeotian admiral get the copper? Was it imported by way of trade, or was it obtained from prisoners? Then who were the persons who brought the copper to my father? Were they hired men, or slaves?