Come now, in God's name! if, as on the question of birth, so on the question of these personal habits, Timarchus had to submit to a vote as to whether he is guilty of the charge or not, and the case were being tried in court and were being brought before you as now, except that it were not permitted by constitution or statute either for me to accuse or for him to defend himself, and if this crier who is now standing at my side were putting the question to you in the formula prescribed by law, “The hollow ballot for the juror who believes that Timarchus has been a prostitute, the solid ballot for the juror who does not,”1 what would be your vote? I am absolutely sure that you would decide against him.
1 Each juror was provided with two small disks, one with a solid stem through the middle, the other with a hollow stem. The juror who wished to vote for conviction cast the disk with the hollow stem, and vice versa. The unusual ballot was dropped into another urn. As the juror came forward with the two disks, one in each hand, the ends of the stem pressed between thumb and forefinger, even the nearest bystander could not see which disk he cast to be counted, and which he discarded.
Aeschines. Aeschines with an English translation by Charles Darwin Adams, Ph.D. Cambridge, MA, Harvard University Press; London, William Heinemann Ltd. 1919.
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