Apollodorus Against Timotheus in the Matter of a Debt (16-20)

But when he got back to Athens, both Philip and Antiphanes demanded of him the thousand drachmae which he had borrowed in Calaureia, and were angry at not receiving their money at once. Timotheus, then, fearing that his enemies might learn that the thousand drachmae, which in his report he stated he had paid for the Boeotian fleet out of the military fund, had in fact been lent by Philip, who could not get them back,

and fearing also that Philip might give testimony against him at his trial, came to my father and begged him to settle with Philip, and to lend him the thousand drachmae to pay Philip. And my father, seeing the seriousness of the trial in which the defendant was involved, and in what plight he was, felt pity for him, and, taking him to the bank, bade Phormio, who was cashier, to pay Philip the thousand drachmae, and to enter on the books Timotheus as owing that amount.

To prove that these statements are true, I shall bring forward Phormio, who paid the money, as a witness, as soon as I shall have explained to you the other loan, in order that, being informed through the same deposition about the whole of the debt, you may know that I am speaking the truth. I shall also call before you Antiphanes, who lent the sum of one thousand drachmae to the defendant in Calaureia, and who was present when Philip received payment of the money from my father here in Athens.

That I did not put the deposition in the box before the arbitrator was due to a trick of Antiphanes, who kept saying that he would give evidence for me on the day set for the decision; but when the hearing was in progress before the arbitrator, although he was summoned from his house (for he was nowhere to be seen), he was persuaded by Timotheus to fail to appear as a witness. On my depositing a drachma in his name on a charge of failing to appear, as the law prescribes, the arbitrator did not make an award against the defendant, but decided in his favor, and then went off, for it was already late.

Now, however, I have entered suit on my own account for damages against Antiphanes because he neither gave testimony for me, nor asked under oath for a postponement, as the law provides. And I demand of him that he get up and state under oath before you, first, whether he lent Timotheus a thousand drachmae in Calaureia, and secondly, whether Philip received here payment of that sum from my father.