Apollodorus Against Callippus

also that when Callippus came for the first time to the bank, saying that Lycon was dead and that he, Callippus, claimed the right to inspect the books to see whether the Heracleote had left any money, he, Phormion, had at once shown him the books, and that Callippus, after seeing the entry that payment was to be made to Cephisiades, went away in silence, without filing any counterclaim or making any protest to him about the payment of the money—in proof of all these matters the clerk shall read you the depositions which establish both facts, and also the law.

The Depositions. The Law

Now, men of the jury, I shall show you that Lycon had no dealings with Callippus; for I think this will be something to confound the impudent assurance of this man, who asserts that this money was given to him by Lycon as a present. Lycon had lent to Megacleides of Eleusis and his brother Thrasyllus the sum of forty minae for a voyage to Acê[*](Acê, a town on the coast of Phoenicia.) but, when they changed their minds and decided not to risk the voyage to that point, Lycon, after making some complaints against Megacleides regarding the interest, and believing that he had been deceived, quarrelled with him and went to law for the purpose of recovering his loan.

The proceedings were prolonged, as so large a sum was at stake, yet Lycon never at any time called in Callippus for consultation; he sought the aid of Archebiades and the friends of Archebiades, and it was Archebiades who brought about a settlement between them.

To prove that I am speaking the truth, I shall bring before you Megacleides himself as a witness to these facts.

Deposition

You see, men of the jury, how intimate Lycon was with Callippus. He neither called him in for consultation about his affairs, nor did he ever put up at the home of Callippus as a guest; and this very fact is the one thing to which the plaintiff’s friends have not ventured to depose, that, namely, he ever did put up at his house; for they knew well that, if they told any such lie as this, they would at once be convicted by the slaves when these were put to the torture.

But I wish to mention to you a piece of circumstantial evidence so striking, that it will, I think, convince you that Callippus has uttered nothing but a pack of lies. If Lycon, men of the jury, had been as fond of the plaintiff and as intimate with him as the plaintiff claims, and had wished to give him this money as a present in the event of anything happening to himself,