[29]
It is worth while also for you to bear this in mind, men of the jury, that, if
I had been surety, I should never have denied it. For my argument was much
stronger, if I admitted the guaranty and appealed to the agreement in accordance
with which the arbitration was to be held. That the matter was referred to three
arbitrators has been shown by testimony. When, then, there had been no decision
by the three, why in the world should I have denied the guaranty? For, if
judgement had not been given in accordance with the agreement, neither should I
have been open to action for my guaranty. Therefore, men of the jury, if I had
really become a surety, I should not have given up a defence which was at hand,
and have proceeded to deny the fact.
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