Against Euthynus (16-20)

Enough has been said concerning these matters. Perhaps Euthynus will repeat what indeed he has already said, that, if he had been trying to defraud Nicias, he never would have returned two-thirds of the deposit, while withholding merely the third part, but that whether he was intent upon acting unjustly or wished to act justly, he would have had the same intention in regard to the whole amount.

But you all know, I think, that all men, when they set about committing a crime, at the same time are looking about for a plea in defense; consequently, it should occasion no surprise that Euthynus, in view of this very argument, committed the crime. Besides, I could point out other men also who, after having received money, have restored the major portion of it, but retained a small part, and men who, though guilty of dishonesty in petty contracts, yet in important ones have shown themselves honest;

therefore, Euthynus is not the only person, nor yet the first, who has acted so. You must remember that, if you ever countenance such a plea by defendants, you will be establishing a legal provision as to the way a fraud should be committed; consequently, in the future, holders of deposits will indeed return a part, but will retain a part for themselves. For it will be to their advantage, if they can use their repayment of some as presumptive proof so that they will not be punished for their stealing the rest.

Consider, also, that it is easy to use on behalf of Nicias arguments similar to those employed in the defense of Euthynus. For instance, when Nicias recovered the two talents, no one was present as his witness; so that, if he wanted to make a malicious accusation and that seemed best to him, it is obvious that he would not have acknowledged the receipt of even the two talents, but would have made the same plea for the entire amount; in that case, Euthynus would now be liable to lose even a larger sum, and at the same time he would not be able to use the presumptive proof on which he now depends.

And, furthermore, no one can point to any culpable motive whatever that led Nicias to enter an accusation against Euthynus, but as to Euthynus, it is easy to see the reasons which induced him to commit a crime in that manner. For then Nicias was in adversity, all his relations and friends had heard him say that he had deposited his money with Euthynus.