By the laws of the Athenian League such a trial must take place at Athens; ordinarily a case of murder would come before the Areopagus, but actually the accused was indicted as a ‘malefactor,’[74] was arrested and brought before an ordinary court. He contends that this is a grievance, for if the prosecution fails he may still be brought before the Areopagus. Further, he was kept in prison, all bail being refused. This was, apparently, illegal.
The trial took place probably about 417 or 416 B.C. The introduction to the speech has been quoted.[75] The narrative gives first the facts up to the defendant’s arrival at Athens (§§ 19-24), and shows that probability is against the prosecution (§§ 25-28); next, the return of one of the ships to Mitylene, and the confession of the slave under torture (§§ 29-30). The slave’s evidence is proved to be worthless (§§ 31-41). The alleged letter to Lycinus is discussed, and the defendant proves that he himself had no motive for the murder, and cannot be expected to know who is the real culprit (§§ 42-73). Odium has been unjustly stirred against him by the assertion of his father’s disloyalty (§§ 74-80). The absence of signs of divine anger is a further proof of his innocence (§§ 81-84). Finally, he appeals for another chance at least, since, if acquitted now, he may be tried again by the Areopagus (§§ 85-95).
The speech On the Choreutes refers to the death of a boy Diodotus, who was being trained to sing in a choir at the Thargelia, and was accidentally poisoned by a drug given him to improve his voice. The choregus or choir-master was accused of poisoning before the Areopagus.
The extant speech is the second for the defence; the date is probably about 412 B.C. The speaker comments on the disingenuous action of his adversaries, who refused to have slaves examined, and introduced much irrelevant matter. He contrasts the openness of his own conduct. The epilogue is lost.
The speech Against a Stepmother on a Charge of Poisoning is sometimes regarded as a mere exercise, but, in striking contrast to the Tetralogies, this speech contains full and detailed narrative. Its authenticity has been further questioned, but we have so little material for judging of the style of Antiphon that it is impossible to pronounce definitely against the supposition that this speech was composed by him. It may be that it was an early work; it is certainly less powerful than the other two genuine speeches.
The Argument.—A young man accuses his stepmother of having poisoned his father by the help of another woman, a slave. The father was dining with Philoneos, a former lover of this woman, and she was persuaded to administer a love-philtre to the two. Both men died, the woman was put to death, and the prosecutor now urges that his stepmother, who instigated the crime, should be punished for her guilt.
Of the speeches known to us only by name or by short fragments, it is probable that some at any rate were the work of Antiphon the Sophist, with whom the orator is often confused. A work on rhetoric and a collection of proëmia and epilogues were also current under the orator’s name.