On the other hand, he has himself been indicted on charges still more numerous and still more grave, and not once has he been acquitted, with the result that he has lost a good deal of his property. Further, he had recently been indicted by the dead man for embezzling sacred monies,ἱερῶν κλοπή (embezzelment of sacred monies of which the person concerned was in charge) is to be distinguished from ἱεροσυλία(temple-robbery), for which see Antiph. 5.10. The penalty for ἱερῶν κλοπή was the repayment of ten times the sum embezzled (Dem. 24.111-112). the sum to be recovered being assessed at two talents; he knew himself to be guilty, experience had taught him how powerful his opponent was, and he bore him a grudge for the past; so he naturally plotted his death: he naturally sought protection against his enemy by murdering him.

Thirst for revenge made him forget the risk, and the overpowering fear of the ruin which threatened him spurred him to all the more reckless an attack. In taking this step he hoped not only that his guilt would remain undiscovered, but that he would also escape the indictment;Or possibly: be acquitted on the indictment.

nobody, he thought, would proceed with the suit, and judgement would go by default; while in the event of his losing his case after all, he considered it better to have revenged himself for his defeat than, like a coward, to be ruined by the indictment without retaliating. And he knew very well that he would lose it, or he would not have thought the present trial the safer alternative.

Such are the motives which drove him to sin as he did. Had there been eyewitnesses in large numbers, we should have produced them in large numbers; but as the dead man’s attendant was alone present, those who heard his statement will give evidence; for he was still alive when picked up, and in reply to our questions stated that the only assailant whom he had recognized was the defendant.

Inferences from probability and eyewitnesses have alike proved the defendant’s guilt: so both justice and expediency absolutely forbid you to acquit him.

Not only would it be impossible to convict deliberate criminals if they are not to be convicted by eyewitnesses and by such inferences; but it is against all your interests that this polluted wretch should profane the sanctity of the divine precincts by setting foot within them, or pass on his defilement to the innocent by sitting at the same tables as they.Cf. the disabilities involved in τὸ εἴργεσθαι τῶν νομίμων, Antiph. 6.34 sqq. It is this that causes dearth and public calamity.