10
Cleon will perhaps contend that you ought not to draw any conclusions from the evidence of these witnesses, because they merely depose that they have no knowledge of the making of this will by Astyphilus. But in my opinion, since the controversy is about a will and about the adoption of a son by Astyphilus, more weight should be attached by you to the evidence of the intimate friends of the deceased, when they declare that they were not present on so important an occasion, than to the evidence of those who have no connection with him, to the effect that they were present.
11
Moreover, Cleon himself, being apparently no fool, when Astyphilus was adopting his son and making the will, ought to have summoned any relatives whom he knew to be in the city and practically any other person with whom he knew Astyphilus to be intimate. For no one could have prevented Astyphilus from devising his property to whomsoever he wished; but the fact that the will was not made in secret, would have been strong evidence in Cleon's favor.
12
Furthermore, gentlemen, if Astyphilus wished that no one should know that he was adopting Cleon's son or that he had left a will, no one else's name ought to have been inscribed in the document as witness; but if it appears that he made a will in the presence of witnesses, and those witnesses were not taken from among those who were most intimate with him but were chance persons, is there any probability that the will is genuine?
