34.5
But they were not a whit more willing to hear him, and therefore, drawing nearer, he said: I admit my own guilt, and I assign death as the penaltyIn cases where the penalty was not fixed by law, the accuser proposed a penalty, and the accused had the right to propose a counter-penalty. The court then chose between the two penalties. Phocion waived all the advantage of this right, as Socrates, in a different way, had done. for my political conduct; but these men with me, men of Athens, are not guilty at all, and why will ye put them to death? Because they are thy friends, answered many, whereat Phocion retired and held his peace. But Hagnonides read aloud an edict which he had prepared, in accordance with which the people were to vote by show of hands whether they thought the men to be guilty, and the men, if the show of hands was against them, were to be put to death.
35.1
After the edict had been read aloud, some demanded an additional clause providing that Phocion should be tortured before he was put to death, and insisted that the rack should be brought in and the executioners summoned. But Hagnonides, who saw that Cleitus was displeased at this, and considered the measure abominable and barbarous, said: Whenever we catch that rascally Callimedon, men of Athens, we will put him to the torture; but I cannot make any such motion in the case of Phocion.
35.2
Here some decent fellow called out in response: Right thou art; for if we should torture Phocion, what would be left for us to do to thee? So the form of the edict was approved, and when the show of hands was taken, no one keeping his seat, but all rising to their feet, and most of them wreathing themselves with garlands, they condemned the men to death. Now, there were with Phocion, Nicocles, Thudippus, Hegemon, and Pythocles; and Demetrius of Phalerum, Callimedon, Charicles, and sundry others, were condemned to death in absentia.
