On the Estate of Dicaeogenes (18-20)

On our agreeing with the archon not to count the votes but to mix them together, Dicaeogenes (III.) gave up two-thirds of the estate in favor of the sisters of Dicaeogenes (II.) and agreed to hand over these shares without further discussion, and Leochares here undertook to be surety that he would carry out his promise. He was not the only surety, for Mnesiptolemus of Plotheia gave a similar undertaking. Of these facts I will now produce witnesses before you.

Witnesses

Having been thus treated by Leochares, though it was possible for us to have him deprived of civil rights since we had obtained a verdict for perjury against him, we did not wish to do so, but were satisfied to recover what belonged to us and be quit of him. Having behaved thus towards Leochares and Dicaeogenes (III.) we were deceived by them, gentlemen; for Dicaeogenes (III) did not hand over the two-thirds of the estate, though he had agreed in court to do so, and Leochares refuses to admit that he undertook to be surety on that occasion.

Yet if he had not given surety in the presence of the judges, five hundred in number, and of those who were present in court, I don't know what he could have done.[*] To prove, therefore, that they are obviously lying, we are producing as witnesses those who were present when Dicaeogenes (III.) gave up two-thirds of the estate and promised to hand it over without further dispute to Dicaeogenes' (II.) sisters, and Leochares undertook to be surety that he would actually perform what he promised. And we beseech you, gentlemen, if any of you were present on that occasion, to recollect whether we are speaking the truth and to aid us.