Against Conon

Demosthenes

Demosthenes. Vol. VI. Private Orations, L-LVIII, In Neaeram, LIX. Murray, A. T., translator. Cambridge, MA: Harvard University Press, 1939 (printing).

With gross outrage I have met, men of the jury, at the hands of the defendant, Conon, and have suffered such bodily injury that for a very long time neither my relatives nor any of the attending physicians thought that I should survive. Contrary to expectation, however, I did recover and regain my strength, and I then brought against him this action for the assault. All my friends and relatives, whose advice I asked, declared that for what he had done the defendant was liable to summary seizure as a highwayman, or to public indictments for criminal outrage[*](As guilty of highway robbery the defendant had made himself liable to summary arrest (ἀπαγωγή), and the gravity of his assault would have justified a public indictment for criminal outrage (ὕβρεως γραφή), for either of which crimes he would, if convicted, have suffered a heavy penalty. The private suit for assault and battery (αἰκείας δίκη) entailed merely a fine to be paid to the plaintiff.); but they urged and advised me not to take upon myself matters which I should not be able to carry, or to appear to be bringing suit for the maltreatment I had received in a manner too ambitious for one so young. I took this course, therefore, and, in deference to their advice, have instituted a private suit, although I should have been very glad, men of Athens, to prosecute the defendant on a capital charge.

And for this you will all pardon me, I am sure, when you hear what I have suffered. For, grievous as was the injury which at that time fell to my lot, it was no more so than the subsequent insults of the defendant. I ask as my right, therefore, and implore you all without distinction, to listen with goodwill, while I tell you what I have suffered, and then, if you think that I have been the victim of wrongful and lawless acts, to render me the aid which is my due. I shall state to you from the beginning each incident as it occurred in the fewest words I can.

Two years ago I went out to Panactum,[*](Panactum was an Athenian fort on the borders of Boeotia. An expedition to this point in 343 B.C . is mentioned by Demosthenes in Dem. 19.326. However, as we are told by Aristot. Ath. Pol. 42.4, that the ἔφηβοι (young men of military age), in the second year of their training, patrolled the country and spent their spare time in the forts, it may be that no formal military expedition is meant. In that case the loose discipline is more understandable.) where we had been ordered to do garrison duty. The sons of the defendant, Conon, encamped near us, as I would to heaven they had not done; for our original enmity and our quarrels began in fact just there. How these came about, you shall hear. These men used always to spend the entire day after luncheon in drinking, and they kept this up continually as long as we were in the garrison. We, on our part, conducted ourselves while in the country just as we were wont to do here.

Well, at whatever time the others might be having their dinner, these men were already drunk and abusive, at first toward our body-slaves, but in the end toward ourselves. For, alleging that the slaves annoyed them with smoke while getting dinner, or were impudent toward them, or whatever else they pleased, they used to beat them and empty their chamber-pots over them, or befoul them with urine; there was nothing in the way of brutality and outrage in which they did not indulge. When we saw this, we were annoyed and at first expostulated with them, but they mocked at us, and would not desist, and so our whole mess in a body—not I alone apart from the rest—went to the general and told him what was going on.