But they contend if I had been set free I would have fled. What motive could I have had? For, if I did not mind exile, I might have refused to come home when summoned, and have incurred judgment by default, or, having come, might have left voluntarily after my first trial. For such a course is open to all. And yet my accusers in their lawlessness seek to deprive me alone of the common right of all Greeks.
This leads me, gentlemen, to say a word about the laws that govern my case. And I think you will admit that they are good and righteous, since, though very ancient, they still remain unchanged—an unmistakable proof of excellence in laws. For time and experience teach men what is good and what is not good. You ought not, therefore, judge by the arguments of my accusers whether the laws are good or bad, but rather judge by the laws whether their claims are just or unjust. So perfect, indeed, are the laws that relate to homicide, that no one has ever dared to disturb them. But these men have dared to constitute themselves lawmakers in order to effect their wicked purposes, and disregarding these ordinances they seek unjustly to compass my ruin.
Their lawlessness, however, will not help them, for they well know that they have no sworn witness to testify against me. Moreover, they did not make a single decisive trial of the matter, as they would have done if they had confidence in their cause. No, they left room for controversy and argument, as if, in fact, they meant to dispute the previous verdict. The result is that I gain nothing by an acquittal, since it will be open to them to say that I was acquitted as a malefactor, not as a murderer, and catching me again they will ask to have me sentenced to death on a charge of homicide. Wicked schemers! Would ye have the judges set aside a verdict obtained by fair means, and put me a second time in jeopardy of my life for the same offense? But this is not all. They would not even allow me to offer bail according to law, and thus escape imprisonment, though they have never before denied this privilege even to an alien. And yet the officers in charge of malefactors conform to the same custom. I, alone, then, have failed to derive advantage from this common right conferred by law. This wrong they have done me for two reasons: First, that they might render me helpless to prepare for my defense; and, second, that they might influence my friends, through anxiety for my safety, to bear false witness against me. Thus, would they bring disgrace upon me and mine for life.
In this trial, then, I am at a disadvantage in respect to many points of your law and of justice. Nevertheless, I shall try to prove my innocence. And yet I realize that it will be difficult immediately to dissipate the false impression which these men have long conspired to create. For it is impossible for any man to guard against the unexpected.
Now, the facts in the case, gentlemen, are briefly these: I sailed from Mitylene in the same boat with Herodes, whom I am accused of having murdered. Our destination was the same—Aenus, but our objectives were different. I went to visit my father, who happened to be at Aenus at that time; Herodes went to sell some slaves to certain Thracian merchants. Both the slaves and the merchants sailed with us.
To confirm these statements I shall now offer the testimony of competent witnesses.
To continue, then, we were compelled by a violent storm to put in at a port on the Methymnian coast, and there we found the boat on which they allege I killed Herodes.
Now I would have you bear in mind that this whole affair took place not through design on my part, but through chance. For it was by chance that Herodes undertook the voyage with me. It was by chance that we encountered the storm, which compelled us to put in at the Methymnian port. And it was by chance that we found the cabined boat in which we sought shelter against the violence of the storm.
After we had boarded the other boat and had taken some wine, Herodes left us, never to return. But I did not leave the boat at all that night. On the day after Herodes disappeared, however, I sought him as diligently as any of our company, and felt his loss as keenly. It was I who proposed sending a messenger to Mitylene, and when no one else was willing to go I offered to send my own attendant. Of course, I would not have done this if I had murdered Herodes, for I would be sending an informant against myself. Finally, it was only after I was satisfied by diligent search that Herodes was nowhere to be found, that I sailed away with the first favorable wind. Such are the facts.
What inference can you draw from these facts other than that I am an innocent man? Even these men did not accuse me on the spot, while I was still in the country, although they knew of the affair. No, the truth was too apparent at that time. Only after I had departed, and they had had an opportunity to conspire against me, did they bring this indictment.