And yet, men of the jury, what possessed us to stipulate that the memorandum should be
 given to Satyrus in case of our failure to come to terms, if Pasion had already been freed
 of my claims and our business had been concluded? On the contrary, it is clear that we had
 made this agreement because there yet remained matters which Pasion had to settle with me
 in accordance with the memorandum. In the next place, men of the jury, I can give you the reasons why he agreed to repay me
 the gold; for when we had been cleared of the false accusations lodged with Satyrus, and
 Pasion had been unable to spirit away Cittus, who had knowledge of my deposit, he
 understood that if he should deliver his slave to torture, he would be convicted of an act of rascality,
 and, on the other hand, if he failed to do so, he would lose his case The refusal by an accused master to submit his slave for testimony under
 torture was used by an adversary as practically a confession of guilt; cf. Antiph. 5.38 and Antiph.
 6.27 . ; he wished, therefore, to reach a settlement with me in person. Bid
 him show you what gain I had in view, or what danger I feared, that I dropped my charges
 against him. But if he can show you nothing of the kind, would you not with greater
 justice trust me rather than him in the matter of the memorandum? Furthermore, men of the jury, this too is easy for all to see—that whereas I, the
 plaintiff, if I distrusted the sufficiency of my proofs, could drop the prosecution even
 without entering into any agreement, yet Pasion, on account both of the examination of his
 slave under torture and the suits lodged with you, could not possibly free himself from
 his risks when he wished except by gaining the consent of me, the complainant. In
 consequence, I was not obliged to make an agreement about the dismissal of my charges, but
 it was necessary for him to do so about the repayment of my money. Besides, it would have been a preposterous state of affairs if, before the memorandum had
 been drawn up, I should have had so little confidence in my case as not only to drop the
 charges against Pasion, but also to make an agreement concerning these charges and, after
 I had drawn up such written proof against myself, should then have desired to bring the
 case before you. And yet who would plan so foolishly in regard to his own interests?