[46]
That we lent the money is attested by the agreement, and by
Phormio himself; that it has been repaid is attested by no one except Lampis,
who is an accomplice in the crime. Phormio claims to prove the payment on the
testimony of Lampis alone, but I adduce Lampis and those who heard him declare
that he had not received the money. Further, Phormio is in a position to bring
my witnesses to trial, if he maintains that their testimony is false, but I have
no means of dealing with his witnesses, who say they know that Lampis testified
that he had received the money. If Lampis's own deposition had been put into
court,1 these men
would perhaps have said that I ought to prosecute him for giving false
testimony; but, as it is, I have not this deposition, and Phormio thinks he
should get off unscathed, since he has left no valid security for the verdict
which he urges you to pronounce.2
1 When the arbitrator determined that the case before him should be tried in court, he sealed in two jars, or boxes （ἐχῖνοι）, all documents bearing upon the case. One of these was assigned to either party in the suit, and only such depositions, citations of laws, or challenges, as were contained in them, might be introduced at the trial.
2 Phormio relies upon the testimony of Lampis. Under the circumstances it is impossible for me to sue Lampis for perjury, in which case Phormio might be prosecuted for collusion. He therefore hopes to get off scot-free.
Demosthenes. Demosthenes with an English translation by A. T. Murray, Ph.D., LL.D. Cambridge, MA, Harvard University Press; London, William Heinemann Ltd. 1939.
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