39
But nothing of the sort is the truth. It would have been proved past all question that he had sold the goods, and appropriated the profits. Therefore, he passed over those who were admittedly slaves, and demanded that a freeman be examined by torture, whom it would have been a crime for me to surrender; for it was not his purpose that he should sift out the matter, but that he might make a specious argument out of the fact that his demand was refused.
39
Regarding, therefore, all these facts, first the marriage-portion, then his connivance with fraud, then all the rest, there shall be read to you the laws and the depositions, that you may have full knowledge.
39
The Laws. The Depositions
40
Not only from the facts already adduced can you see that Aphobus was not in any respect whatever prejudiced by my refusal to give the man up for torture, but also from a consideration of the matter itself. Let us suppose that Milyas is being racked upon the wheel, and consider what Aphobus would most wish him to say. Would it not be that he was not aware that the plaintiff had any of the property in his possession? Well, suppose he says so. Does that prove that the plaintiff has none? Far from it; for I produced men who knew, men who paid him the money, men who were present in person, as witnesses. It is convincing proof, not if one is ignorant that a man has something in his possession (for there might be many such), but if one knows that he has it.
