Apollodorus Against Timotheus

That I did not put the deposition in the box before the arbitrator was due to a trick of Antiphanes, who kept saying that he would give evidence for me on the day set for the decision; but when the hearing was in progress before the arbitrator, although he was summoned from his house (for he was nowhere to be seen), he was persuaded by Timotheus to fail to appear as a witness. On my depositing a drachma in his name on a charge of failing to appear, as the law prescribes, the arbitrator did not make an award against the defendant, but decided in his favor, and then went off, for it was already late.

Now, however, I have entered suit on my own account for damages against Antiphanes because he neither gave testimony for me, nor asked under oath for a postponement, as the law provides. And I demand of him that he get up and state under oath before you, first, whether he lent Timotheus a thousand drachmae in Calaureia, and secondly, whether Philip received here payment of that sum from my father.

The defendant himself practically admitted before the arbitrator that my father paid Philip the thousand drachmae; but he declared that it was not to him (Timotheus) that my father lent the money, but to the Boeotian admiral, who, he alleges, gave some copper as security for the sum. However, that in this he was not stating the truth, but that he borrowed the money himself and is seeking to avoid payment, I shall prove to you, when I shall have informed you in detail regarding his other debts also.