Unknown Pleader Against Evergus and Mnesibulus, About False Testimony (31-35)

It was because Theophemus reasoned in this way that he then refused to restore the equipment but kept himself out of the way, and thought that later on he would he able to rob me; and besides this, he could take refuge in an oath and perjure himself without trouble, a thing which he has done to others also. For the greediness of the man’s character in matters where his interests are involved is dreadful, as I shall show you in fact. For Theophemus, while owing this equipment to the state, made a pretence of shifting the charge to Aphareus, but in actual fact he never reported his name for an adjudication, well knowing that he would be convicted of falsehood, if he should come into court.

For Aphareus proved that Theophemus had reckoned up against him the cost of the equipment and had got the money from him, when he took over the trierarchy. Now Theophemus maintains that he gave it over to Demochares, and he is suing the children of Demochares, who is now dead. But, while Demochares lived, Theophemus did not report his name for an adjudication when he was being sued by me for the equipment; he merely wished, on the pretence of the lapse of time, to rob the state of the equipment.

To prove that I am speaking the truth, the clerk shall read you the depositions.

The Depositions

Bearing all these facts in mind, therefore, and hearing from those who had had dealings with Theophemus what sort of a man he was in matters where his interests were involved, and failing to recover the equipment from him, I approached the despatching board and the senate, stating that Theophemus would not return to me the equipment for which he was accountable by judgement of the court. And the other trierarchs also approached the senate, all those who had not been able to recover the equipment from the persons bound to produce it. And after much argument the senate answered by a decree which the clerk shall read to you, instructing us to recover what was due in whatever way we could.

The Decree

When, then, the decree had been passed by the senate, since no one indicted it for illegality, but it became valid, I approached this man Evergus, the brother of Theophemus, since I was unable to see Theophemus; and having the decree in my hand I first demanded the return of the equipment, and bade him inform Theophemus; then, after allowing a few days to pass, since he refused to return the equipment, but only jeered at me, I took some witnesses with me, and asked him whether he had divided the estate with his brother, or whether their property was held in common.

On Evergus’s answering me that it had been divided and that Theophemus lived in a house by himself, but that he (Evergus) lived with his father, I thus learned where Theophemus lived, and taking with me a servant from the magistrates, I went to Theophemus’s house. As I did not find him at home, I bade the woman who answered the door to go and fetch him wherever he might be. This was the woman, whom, according to the depositions of these men, Theophemus offered to deliver up, but whom, after repeated demands, I cannot get from him, that you might learn the truth as to which party began the assault.