Beware of such haste, gentlemen; give time its opportunity; it is time which enables those who seek the truth to find it with certainty. In fact, gentlemen, I for one have always maintained that, while a case of this kind should certainly be tried according to law, the rights of the matter should be established as many times as the law will permit, since they would thus be the better understood; the repeated trial of a case is a good friend of the truth and the deadly foe of misrepresentation.

In a trial for murder,Antiph. 5.87-89 appear, with slight modifications, in Antiph. 6.3-6. It is clear that we have here one of those loci communes which were part of the stock in trade of every λογόγραφος and could easily be adapted to different contexts (cf. Antiph. 5.14 ff. and Antiph. 5.38 ff., Antiph. 6.2, Antiph. 6.27, Antiph. 1.12 ff., and Andoc. 1.1, 6, 7, 9). The present passage stresses the gravity and the finality of a δίκη φόνου, a theme which was likely to find a place in most φονικοὶ λόγοι. Here, however, it is introduced a little awkwardly. The words δίκη φόνου (87 init .) refer, not to the present trial, which is an ἔνδειξις, but to the trial before the Areopagus which Euxitheus hopes will follow; and the word ὑμεῖς in the third line of 87 is used in the same general sense as in 90 (cf. Antiph. 5.90 note 1). even if judgement is wrongly given against the defendant, justice and the facts cannot prevail against that decision. Once you condemn me, I must perforce obey your verdict and the law, even if I am not the murderer or concerned in the crime. No one would venture either to disregard the sentence passed upon him because he was sure that he had had no part in the crime, or to disobey the law if he knew in his heart that he was guilty of such a deed. He has to submit to the verdict in defiance of the facts, or submit to the facts themselves, as the case may be, above all if his victim has none to avenge him.The speaker is here thinking of the master who has killed his slave; the slave has no family to institute proceedings on his behalf (cf. Antiph. 6.4 f.). The argument of 87 as a whole sounds odd to modern ears; but it should be remembered that at Athens the defendant in a δίκη φόνου always had the option of going into voluntary exile before the court passed sentence. Hence it was possible to speak of disregarding the sentence imposed.

The laws, the oaths, the sacrifices, the proclamations, in fact the entire proceeding in connection with trials for murder differ as profoundly as they do from the proceedings elsewhere simply because it is of supreme importance that the facts at issue, upon which so much turns, should themselves be rightly interpreted. Such a right interpretation means vengeance for him who has been wronged; whereas to find an innocent man guilty of murder is a mistake, and a sinful mistake, which offends both gods and laws.

Nor is it as serious for the prosecutor to accuse the wrong person as it is for you jurors to reach a wrong verdict. The charge brought by the prosecutor is not in itself effective; whether it becomes so, depends upon you, sitting in judgement. On the other hand if you yourselves, when actually sitting in judgement, return a wrong verdict, you cannot rid yourselves of the responsibility for the mistake by blaming someone else for that verdict.

Then how can you decide the case aright? By allowing the prosecution to bring their charge only after taking the customary oath, and by allowing me to confine my defence to the question before the court. And how will you do this? By acquitting me today. For I do not escape your sentence even so: you will be the judges at the second hearing also.True only in a general sense. The present jury was composed of ordinary Heliasts; whereas the jury at a δίκη φόνου would consist of ex-arkhons, sitting as members of the Areopagus. Euxitheus is speaking as an alien, and by ὑμεῖς means you Athenians. If you spare me now, you can treat me as you will then; whereas once you put me to death, you cannot even consider my case further.