3
Not long after this, desiring to take ship, he asked for the return of his money; Euthynus restored two talents, but denied that he had received the third. At that time Nicias was unable to take any further action, but he went to his friends and with complaints and recriminations told them how he had been treated. And yet he regarded Euthynus so highly and was in such fear of the government that he would sooner by far have been defrauded of a small sum and held his peace than have made complaints where no loss was suffered.
4
Such are the facts. But our cause presents difficulties. For Nicias, both when he was depositing the money and when he tried to get it back, had no one with him, either freeman or slaveTransactions with a banker were generally conducted without witnesses; see Isoc. 17.2.; thus it is impossible either by torture of slaves or by testimony to get at the facts, but it is by circumstantial evidence that we must plead and you must judge which side speaks the truth.
5
I think that you all know that malicious prosecution is most generally attempted by those who are clever speakers but possess nothing, whereas the defendants lack skill in speaking but are able to pay money. Well, Nicias is better off than Euthynus, but has less ability as a speaker; so that there is no reason why he should have proceeded against Euthynus unjustly.
