On the Choreutes (21-25)

Philocrates yonder presented himself before the Heliaea of the Thesmothetae[*] on the very day of the boy’s burial, and declared that I had murdered his brother, a member of the chorus, by forcing him to drink poison. At that, I presented myself before the court in my turn. I told the same jury that Philocrates had no right to place legal impediments in my way by coming to court with his outrageous charge, when I was bringing suits against Aristion and Philinus on the following day and the day after: for that was his only reason for making such allegations.

However, I said, there would be no difficulty in proving his monstrous accusation a lie, as there were plenty of witnesses, slave and free, young and old, in fact, over fifty in all, who knew how the drinking of the poison had been accounted for and were in complete possession of the facts and circumstances.

Not only did I make this declaration before the court, but I offered Philocrates a challenge there and then, and repeated it the following day in the presence of the same jury. Let him take with him as many witnesses as he liked: let him go to the persons who had been present at the accident (I specified them by name): and let him interrogate and cross-examine them. Let him question the free men as befitted free men; for their own sakes and in the interests of justice, they would give a faithful account of what had occurred. As to the slaves, if he considered that they were answering his questions truthfully, well and good; if he did not, I was ready to place all my own at his disposal for examination under torture, and should he demand any that did not belong to me, I agreed to obtain the consent of their owner and hand them over to him to examine as he liked.

That was the challenge which I addressed to him before the court; and not only the jurors themselves but numbers of private persons also were there to witness it. Yet the prosecution refused to bring the case to this issue at the time, and have persistently refused ever since. They knew very well that instead of supplying them with proof of my guilt, such an inquiry would supply me with proof that their own charge was totally unjust and unfounded.

You do not need to be reminded, gentlemen, that the one occasion when compulsion is as absolute and as effective as is humanly possible, and when the rights of a case are ascertained thereby most surely and most certainly, arises when there is an abundance of witnesses, both slave and free, and it is possible to put pressure upon the free men by exacting an oath or word of honor, the most solemn and the most awful form of compulsion known to freemen, and upon the slaves by other devices, which will force them to tell the truth even if their revelations are bound to cost them their lives, as the compulsion of the moment has a stronger influence over each than the fate which he will suffer by compulsion afterwards.[*]