‘18. Of course, it suited my accusers, firstly, that I should be as unprepared as possible, through being unable to attend to my own business in person, secondly, that I should suffer personal ill-usage, and in consequence of this personal ill-usage find my own friends more ready to bear false witness in support of my accusers than true witness in my support. And so they inflicted a life-long disgrace on me and my family.
‘19. Thus I have been brought to trial handicapped in many ways in relation to your laws and to justice; but even with these disadvantages I shall try to demonstrate my innocence.
‘But it is a hard task to refute at a moment’s notice a number of deliberate falsehoods long-prepared; for it is impossible to be forearmed against unexpected attacks.’
After this long preamble, the speaker at last discusses the accusation (§§ 19 sqq.), and to some extent deals satisfactorily with the evidence—entirely circumstantial—which has been brought against him. It has already been noticed that, though he casually leaves it to be inferred that he could prove an alibi, he lays no stress on the assertion, and is far more concerned with showing that it is ‘improbable’ that he should be a murderer. The final and, apparently, the most important argument is drawn from the absence of divine signs which might have pointed to the speaker’s guilt. He makes no attempt, like the defendant in the First Tetralogy, to suggest other explanations of the crime; many crimes, he says, have before now baffled investigation, and he is only concerned with denying the charge against himself.
§ 7
In the Life of Antiphon, falsely ascribed to Plutarch,[71] we read that sixty speeches were extant under the orator’s name, but of these twenty-five were considered spurious by the critic Caecilius of Calacte. We have now fifteen, viz. the three Tetralogies, or sets of four speeches; the speeches on the Murder of Herodes, the Death of the Choreutes, and the Charge of Poisoning. All of these deal with homicide, the department in which Antiphon, presumably, showed especial skill. Blass has collected besides the titles of twenty-three other speeches on miscellaneous subjects.[72]
The Tetralogies, each consisting of four short speeches on the same imaginary case—two for the prosecution, and two for the defence—have this peculiar interest, that they stand on the border-line between theory and practice. They differ from the exercises composed by other early rhetoricians and from the declamations of the Roman Empire in that they are not concerned with historical or mythological personages in possible or imaginary positions, but treat cases which, although fictitious, are of the kind which might arise in everyday life at Athens. Thus these skeleton-speeches give a clear idea of the lines on which either side might plead its case in an actual trial. The professional advocate must be ready to plead on either side in any cause, and here we find Antiphon composing speeches in turn suitable for both sides. As has been noted, there is very little detail given. No narrative of facts occurs; the actual circumstances presupposed can only be gathered from the arguments employed; and the result is that the outlines of the speeches both in accusation and defence are very clearly marked.
The argument of the First Tetralogy is as follows:—A certain citizen has been murdered on his way home from a dinner party. His slave, who was mortally wounded at the same time, deposed that one of the murderers was a certain enemy of his master, against whom the latter was on the point of bringing a serious law-suit. The case comes before the Areopagus.