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[90] 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.1 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.

1 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.”

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