WITNESSES.
67. Gentlemen of the jury, there were four brothers. The eldest was taken in the act of making treasonable signals to the enemy by Lamarchus of Sicily, and beaten to death. The second abducted a female slave in Corinth from a woman of the place, and, being taken and put in prison, was put to death. 68. The third, Phainippides arrested as a thief, and you being his judges and passing death sentence on him, gave him to be beaten to death. I think he will admit that what I say is true, and we have witnesses.
WITNESSES.
69. Why, then, is it not proper for you all to convict this man? For if each of them deserved death for one crime, surely, since he has committed many offenses, both publicly against the state and privately against you, for all of which crimes the penalty is death in our laws, you must condemn him to death.
70. Gentlemen of the jury, he will speak and try to deceive you (pretending) that he killed Phrynichus in the time of the Four Hundred; and he says the people made him an Athenian on account of this. But he lies, gentlemen of the jury, for he neither killed Phrynichus nor did the people make him an Athenian. 71. For, gentlemen of the jury, Thrasybulus of Calydon and Apollodorus of Megara conspired against Phrynichus. When they came up to him as he was walking, Thrasybulus struck Phrynichus and felled him with a blow, but Apollodorus did not even lay hands upon him. Then a shout was raised, and they set off to escape. But Agoratus was neither called in to help nor was he present nor did he know anything of the deed. This decree will make it plain to you that I tell the truth.
DECREE.
72. That he did not slay Phrynichus is plain from this decree. For nowhere is it (plain) that Agoratus is an Athenian as it is that Thrasybulus and Apollodorus are. If he did kill Phrynichus, his having been made an Athenian ought to be on the very same pillar as Thrasybulus and Apollodorus … by giving money to the orator they get their own names inscribed on the pillars as being doers of good. And this decree will convince you that I speak the truth.
DECREE.
73. So much does this man despise you that, although not being an Athenian, he served on the jury and in the assembly, and brought all manner of indictments, having himself enrolled as from Anagurius. Phrynichus established the Four Hundred, and when he was put to death many of the Four Hundred fled. 74. Do you think, therefore, that the Thirty and the Boule, which was in session under the administration of the Thirty, all of whom were of the Four Hundred exiles, if they had captured the man who killed Phrynichus, would have let him go or punished him on account of the exile to which they were subjected? I think they would have punished him. If, on the one hand, he pretends to have killed him, though he did not, he is, as I say, guilty. 75. But if you deny it and say that you did kill Phrynichus, it is plain that by doing greater evils to the Athenians you freed yourself to the Thirty from the charge concerning Phrynichus. For you can never persuade any man that, having killed Phrynichus, you would have been let off by the Thirty, unless you did great and incurable wrongs to the people of Athens. 76. If, therefore, he asserts that he killed Phrynichus, bear these things in mind and take vengeance for what he has done. But if he says he did not, ask him on what account he says he became an Athenian. If he can not show how, punish him because he acted as a juror and served in the assembly and accused many falsely, having his name enrolled as an Athenian.
77. I hear that he will allege in defense that he went to Phyle and came back from Phyle with the rest, and this is his strongest plea. This was the fact. He went to Phyle. And how could there be a greater wretch than he who, knowing that there were many at Phyle whom he himself had banished, dared to go there to them? 78. As soon as they saw him they seized him and took him to kill him at the same place where they put others to death, whenever they caught any robber or criminal. But Anytus, who was in command at Phyle, said that they must not do this, telling them they were not in a condition to take vengeance on some of their enemies, but must now keep the peace, and if they ever returned home then they would punish those who had done them injury. 79. Saying this, he became responsible for his escape at Phyle. And they were obliged to obey a general if they were to be saved. But more than this: no one would receive him as a messmate or be his tent companion, nor would the Taxiarch give him a place in his line, but as if he were accused no man would speak to him. And call the Taxiarch to me.