Sositheus Against Macartatus in Regard to the Estate of Hagnias (31-35)

I wish now, men of the jury, to produce witnesses in support of the statements which I have made to you—first, to prove that Phylomachê, the daughter of Eubulides, won judgement for the estate of Hagnias as being the nearest of kin, and then to establish the rest of the facts.

(To the clerk.) Read the deposition.

The Deposition

The deponents state that they were present before the arbitrator in the archonship of Nicophemus,[*] when Phylomachê, the daughter of Eubulides, won judgement for the estate of Hagnias against all who disputed her title.

That Phylomachê, the daughter of Eubulides, won judgement for the estate of Hagnias, you have heard, men of the jury. And she won it, not by wrongful trickery or conspiracy, but in the fairest manner possible, since we proved that she was nearest of kin to Hagnias, whose estate is in question, being the daughter of his cousin on his father’s side, and being of the same branch as Hagnias.

When, therefore, Macartatus says that his father Theopompus won judgement for this estate, make answer to him on your part, men of the jury, that the lady also won judgement before Theopompus, the defendant’s father, and that the lady won her case fairly, since she was of the same branch as Hagnias, being the daughter of Eubulides, the cousin of Hagnias, but that Theopompus did not win the suit, but prevailed by trickery, being himself in no sense whatever of the branch of Hagnias.

Make this reply to him yourselves, men of the jury, and also state that against this boy Eubulides, son of Eubulides, son of the first cousin on his father’s side of Hagnias, whose estate is in question, neither Theopompus, the father of Macartatus, nor any other man ever at any time won a judgement. At the present time the contest and the trial to adjudge the estate of Hagnias are between this son of Eubulides and the defendant Macartatus, the son of Theopompus; and whichever of these two shall in your judgement speak most in harmony with justice and the laws, to him, it is plain, you jurymen will give your votes.

(To the clerk.) Read the remaining depositions; first, those proving that Phylomachê, the aunt of Hagnias, was sister by the same father and the same mother to Polemon, the father of Hagnias; after that he shall read all the other depositions which have to do with the pedigree.

The Depositions

The deponents testify that they are fellow-demesmen of Philagrus, the father of Eubulides, and Polemon, the father of Hagnias, and that they know that Phylomachê, the mother of Eubulides, was considered to be the sister of Polemon, the father of Hagnias, by the same father and the same mother, and that they never heard from anyone that Polemon, the son of Hagnias, had a brother.

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