Ἔμελλον δὲ οἱ συλλαβόντες αὐτὸν μὲν κατέχειν, τοὺς δὲ ξυνειδότας πυθόμενοι αὐτοῦ γράψαντες ἀποπέμπειν τὴν ταχίστην τοῖς ἐφόροις. Οὕτω δ᾽ εἶχον οἱ ἔφοροι πρὸς τὸ πρᾶγμα, ὥστε καὶ μορὰν ἱππέων ἔπεμψαν τοῖς ἐπ᾽ Αὐλῶνος. Ἐπεὶ δ᾽ εἰλημμένου τοῦ ἀνδρὸς ἧκεν ἱππεὺς, φέρων τὰ ὀνόματα ὧν Κινάδων ἀπέγραψε, παραχρῆμα τόν τε μάντιν Τισάμενον καὶ τοὺς ἐπικαιριωτάτους ξυνελάμβανον. Ὡς δ᾽ ἀνήχθη ὁ Κινάδων, καὶ ἠλέγχετο, καὶ ὡμολόγει πάντα, καὶ τοὺς ξυνειδότας ἔλεγε, τέλος αὐτὸν ἤροντο, τί καὶ βουλόμενος ταῦτα πράττοι;
Polyænus (ii, 14, 1) in his account of this transaction, expressly mentions that the Hippeis or guards who accompanied Kinadon, put him to the torture (στρεβλώσαντες) when they seized him, in order to extort the names of his accomplices. Even without express testimony, we might pretty confidently have assumed this. From a man of spirit like Kinadon, they were not likely to obtain such betrayal without torture.
I had affirmed that in the description of this transaction given by Xenophon, it did not appear whether Kinadon was able to write or not. My assertion was controverted by Colonel Mure (in his Reply to my Appendix), who cited the words φέρων τὰ ὀνόματα ὧν Κινάδων ἀπέγραψε, as containing an affirmation from Xenophon that Kinadon could write.
In my judgment, these words, taken in conjunction with what precedes, and with the probabilities of the fact described, do not contain such an affirmation.
The guards were instructed to seize Kinadon, and after having heard from Kinadon who his accomplices were, to write the names down and send them to the ephors. It is to be presumed that they executed these instructions as given; the more so, as what they were commanded to do, was at once the safest and the most natural proceeding. For Kinadon was a man distinguished for personal stature and courage (τὸ εἶδος καὶ τὴν ψυχὴν εὔρωστος, iii, 3, 5) so that those who seized him would find it an indispensable precaution to pinion his arms. Assuming even that Kinadon could write,—yet, if he were to write, he must have his right arm free. And why should the guards take this risk, when all which the ephors required was, that Kinadon should pronounce the names, to be written down by others? With a man of the qualities of Kinadon, it probably required the most intense pressure to force him to betray his comrades, even by word of mouth; it would probably be more difficult still, to force him to betray them by the more deliberate act of writing.
I conceive that ἧκεν ἱππεὺς, φέρων τὰ ὀνόματα ὧν ὁ Κινάδων ἀπέγραψε is to be construed with reference to the preceding sentence, and announces the carrying into effect of the instructions then reported as given by the ephors. “A guard came, bearing the names of those whom Kinadon had given in.” It is not necessary to suppose that Kinadon had written down these names with his own hand.
In the beginning of the Oration of Andokides (De Mysteriis), Pythonikus gives information of a mock celebration of the mysteries, committed by Alkibiades and others; citing as his witness the slave Andromachus; who is accordingly produced, and states to the assembly vivâ voce what he had seen and who were the persons present—Πρῶτος μὲν οὗτος (Andromachus) ταῦτα εμήνυσε, καὶ ἀπέγραψε τούτους (s. 13). It is not here meant to affirm that the slave Andromachus wrote down the names of these persons, which he had the moment before publicly announced to the assembly. It is by the words ἀπέγραψε τούτους that the orator describes the public oral announcement made by Andromachus, which was formally taken note of by a secretary, and which led to legal consequences against the persons whose names were given in.
So again, in the old law quoted by Demosthenes (adv. Makast. p. 1068), Ἀπογραφέτω δὲ τὸν μὴ ποιοῦντα ταῦτα ὁ βουλόμενος πρὸς τὸν ἄρχοντα; and in Demosthenes adv. Nikostrat. p. 1247. Ἃ ἐκ τῶν νόμων τῷ ἰδιώτῃ τῷ ἀπογράφαντι γίγνεται, τῇ πόλει ἀφίημι: compare also Lysias, De Bonis Aristophanis, Or. xix, s. 53; it is not meant to affirm that ὁ ἀπογράφων was required to perform his process in writing, or was necessarily able to write. A citizen who could not write might do this, as well as one who could. He informed against a certain person as delinquent; he informed of certain articles of property, as belonging to the estate of one whose property had been confiscated to the city. The information, as well as the name of the informer, was taken down by the official person,—whether the informer could himself write or not.
It appears to me that Kinadon, having been interrogated, told to the guards who first seized him, the names of his accomplices,—just as he told these names afterwards to the ephors (καὶ τοῦς ξυνειδότας ἔλεγε); and this, whether he was, or was not, able to write; a point, which the passage of Xenophon noway determines.
[464] Xenoph. Hellen. iii, 3, 11.