Sir Richard C. Jebb, The Attic Orators from Antiphon to Isaeos

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III. Second Speech of the Accuser.

1. § 1. (Proem.) The defendant has no right to speak of his ‘misfortune:’ it is his fault. The first speech for the prosecutor proved his guilt; this shall overthrow his defence.

2. § 2. Had the robbers been scared off by people coming up, these persons would have questioned the slave about the assassins, and given information which would have exculpated the accused.

3. Had the deceased been murdered because he had been witness of a crime, this crime itself would have been heard of.

4. § 3. His other enemies, being in less danger from him than the accused was, had so much less motive for the crime.

5. § 4. It is contended that the slave's testimony is untrustworthy because it was wrung from him by the rack. But, in such cases as these, the rack is not used at all. [Nothing is said about the hypothesis that the slave may have been suborned by his masters.]

6. § 5. The accused is not likely to have got the deed done by other hands, since he would have been suspected all the same, and could not have been so sure of the work being done thoroughly.

7. § 6. The lawsuit hanging over him—a certainty— would have seemed more formidable to him than the doubtful chance of a trial for murder.

8. §§ 7—8. (Notice of a few topics touched on by the defendant at the beginning and end of his speech.)—The fear of discovery is not likely to have deterred such a man from crime: whereas the prospect of losing his wealth—the instrument of his boasted services to the State—is very likely to have driven him to it.—When the certain murderer cannot be found, the presumptive must be punished.

9. §§ 9—11. (Epilogue.) The judges must not acquit the accused—condemned alike by probabilities and by proofs—and thereby bring bloodguiltiness on themselves. By punishing him, they can take the stain of murder off the State.