Callistratus Against Olympiodorus, an Action for Damages (11-15)

And we called to witness this agreement, first the gods in whose name we exchanged our oaths, and our own relatives, and moreover Androcleides of Acharnae,[*] with whom we deposited the articles.

I wish now, men of the jury, to read the law in accordance with which we drew up our agreement, and deposition of the person who has the articles in his keeping.

(To the clerk.) Read the law first.

The Law

Now read the deposition of Androcleides.

The Deposition

When we had exchanged oaths, and the articles had been deposited with Androcleides, I divided the property into two shares, men of the jury. One share consisted of the house in which Comon himself had lived, and the slaves engaged in weaving sackcloth, and the other of another house and the slaves engaged in grinding colors. Whatever ready money Comon left in the bank of Heracleides had been nearly all spent on his burial and the other funeral rites, and on the building of his tomb.

And after I had divided the property into these two shares, I gave Olympiodorus his choice to take whichever of the two shares he pleased; and he chose the color-grinders and the small house, while I took the weavers and the dwelling-house.

This is what each of us had. Now in the share of this fellow Olympiodorus there was a man, one of the color-grinders, whom Comon used to regard as most faithful to himself; the man’s name was Moschion. This slave had a pretty good knowledge of all Comon’s other affairs, and in particular knew where the money was which Comon kept in the house;

and Comon, who was oldish and who had confidence in him, was unaware that this slave Moschion was stealing his money. He first stole from him one thousand drachmae, which sum was kept separate from the rest of the money, and afterwards seventy minae more. He was doing this without Comon’s suspecting it, and the fellow kept all this money in his own possession.