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demosthenes

ὑμῶν, ὦ ἄνδρες δικασταί, ἀκούσαντας ἀμφοτέρων ἡμῶν καὶ αὐτοὺς δοκιμαστὰς τοῦ πράγματος γενομένους, μάλιστα μὲν διαλλάξαντας ἀποπέμψαι καὶ εὐεργέτας ἡμῶν ἀμφοτέρων ὑμᾶς γενέσθαι· [1168]ἐὰν δ᾿ ἄρα μὴ ἐπιτυγχάνητε τούτου, ἐκ τῶν ὑπολοίπων τῷ τὰ δίκαια λέγοντι, τούτῳ τὴν ψῆφον ὑμᾶς προσθέσθαι.

Πρῶτον μὲν οὖν μαρτυρίας ἀναγνώσεται, ὅτι οὐκ ἐγὼ αἴτιός εἰμι τοῦ εἰς τὸ δικαστήριον εἰσιέναι, ἀλλ᾿ οὗτος αὐτός.

Λέγε τὰς μαρτυρίας.

ΜΑΡΤΥΡΙΑΙ

4Ὅτι μὲν οὖν, ὦ ἄνδρες δικασταί, καὶ μέτρια καὶ προσήκοντα προὐκαλούμην Ὀλυμπιόδωρον, μεμαρτύρηται ὑπὸ τῶν παραγενομένων. οὐκ ἐθέλοντος δὲ τούτου οὐδ᾿ ὁτιοῦν ποιεῖν τῶν δικαίων, ἀναγκαῖόν ἐστι πρὸς ὑμᾶς λέγειν περὶ ὧν ἀδικοῦμαι ὑπὸ Ὀλυμπιοδώρου. ἔστι δὲ βραχὺς ὁ λόγος.

5Ἦν γάρ, ὦ ἄνδρες δικασταί, Κόμων Ἁλαιεὺς οἰκεῖος ἡμέτερος. οὗτος ὁ Κόμων ἐτελεύτησεν ἄπαις ὀλίγον πάνυ χρόνον ἀρρωστήσας, ἐβίω δὲ πολλὰ ἔτη, καὶ ἦν πρεσβύτης ὅτ᾿ ἐτελεύτα. καὶ ἐγὼ ἐπειδὴ ᾐσθόμην ὅτι οὐχ οἷός τ᾿ ἐστὶν περιγενέσθαι, μετεπεμψάμην τουτονὶ Ὀλυμπιόδωρον, ὅπως ἂν παρῇ καὶ συνεπιμελῆται μεθ᾿ ἡμῶν ἁπάντων ὧν προσῆκεν. καὶ Ὀλυμπιόδωρος οὑτοσί, ὦ ἄνδρες δικασταί, ἐπειδὴ ἦλθεν ὡς ἐμὲ καὶ τὴν ἀδελφὴν τὴν ἑαυτοῦ, ἐμὴν δὲ γυναῖκα, μεθ᾿ ἡμῶν ἅπαντα

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Against Olympiodorus,

I beg of you, therefore, men of the jury, when you3 have heard us both and have sifted the matter for yourselves, preferably to find some settlement of our quarrel and dismiss us, and thus become benefactors of us both; but if you cannot succeed in this, of the courses remaining open to you, I beg you to give your vote to him whose plea is just.

First, then, the clerk shall read to you the depositions which show that it is not I who am responsible for bringing the case into court, but the defendant himself.

(To the clerk.) Read the depositions.

The Depositions

That I offered reasonable and fitting terms to4 Olympiodorus has been testified to you, men of the jury, by those who were present. Since, however, he does not choose to do anything that is right, it is necessary for me to set forth before you the matters in which I have been wronged by him. But the story is a short one.

There was a certain Comon of Halae,a men of the5 jury, a relative of ours. This Comon died without issue after a very short illness; he had lived, however, many years, and was an old man when he died. When I saw that he could not possibly recover, I sent for the defendant Olympiodorus that he might be with us, and join with us in taking all proper measures. And Olympiodorus, when he had come to me and to my wife, who is his own sister, aided us

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DOI: 10.4159/DLCL.demosthenes-orations_xlviii_callistratus_olympiodorus_action_damages.1939