2
That the facts which we stated in the affidavit are true, Cephisodotus here is well aware and we will now produce witnesses before you to prove, first, that Dicaeogenes (III.) gave up to us the two-thirds of the estate, and, secondly, that Leochares became his surety. Please read the deposition.
3
Deposition
3
You have heard what the witnesses say, and I do not believe that even Leochares himself would declare that their evidence has not been true. He will, however, perhaps have recourse to the argument that Dicaeogenes (III.) has performed all that he agreed to do and that he himself has fulfilled his duties as surety. If he says this, he will be lying and will easily be convicted of doing so; for the clerk shall read you the inventory of all the property which formed the estate left by Dicaeogenes (II.) the son of Menexenus, and of the property received by Dicaeogenes (III.).
4
Inventory
4
If they affirm that Dicaeogenes (II.), our uncle, did not possess this property when he was alive and did not bequeath it to us at his death, let them prove it; if they declare that he left it and that we have recovered it, let them produce a witness to support their statement. We are producing witnesses to prove that Dicaeogenes (III.) agreed to hand over to us the two-thirds of the property which the son of Menexenus left, and that Leochares acted as surety for his doing so; for this is the basis of our present action and the subject of our affidavit. Please read me the affidavit.
5
Affidavit
5
If then, gentlemen, these were the only points with which Leochares or Dicaeogenes (III.) were going to deal in their defence, what I have already said would suffice; but since they are prepared to treat of the question of the inheritance from the beginning, I should like you to hear the facts from my side also, that, knowing the truth instead of being misled, you may give an unbiased verdict.
