Ariston Against Conon, an Action for Assault (29-32)

But if he was unaware of this situation, and having this proof, as he will now say, made no preparation against so serious a danger, surely when I had left my sick bed and summoned him, he would at our first meeting before the arbitrator have shown himself ready to deliver up the slaves. But he did nothing of the kind.

To prove that I am speaking the truth, and that the challenge was tendered merely for the sake of gaining time, read this deposition. It will be clear from this.

The Deposition

With regard to the examination by the torture, then, bear these facts in mind: the time when the challenge was tendered, his evasive purpose in doing this, and the first occasions, in the course of which he showed that he did not wish this test to be accorded him, and neither proposed it nor demanded it. Since, however, he was convicted on all these points before the arbitrator, just as he is now, and proved manifestly guilty of all the charges against him,

he puts into the box a false deposition, and writes at the head of it as witnesses the names of people whom I think you will know well when you hear them— Diotimus, son of Diotimus, of Icaria,[*] Archebiades, son of Demoteles, of Halae,[*] Chaeretimus, son of Chaerimenes, of Pithus,[*] depose that they were returning from a dinner with Conon, and came upon Ariston and the son of Conon fighting in the agora, and that Conon did not strike Ariston,

—as though you would believe them off-hand, and would have no regard to the truth of the matter that, to begin with, Lysistratus and Paseas and Niceratus and Diodorus, who have expressly testified that they saw me being beaten by Conon, stripped of my cloak, and suffering all the other forms of brutal outrage I experienced—men, remember, who were unacquainted with me and who happened on the affair by chance—that these men, I say, would never in the world have consented to give testimony which they would have known to be false, if they had not seen the maltreatment which I received; and, secondly, that I myself, if I had not been thus treated by the defendant, should never have let off men who are admitted by my opponents themselves to have struck me, and have chosen to proceed first against the one who never laid a finger on me.