TRIAL OF AN OLD GREEK CORN-RING 373 



herald's prayer opened the trial on court-day. So that the speeches 

 for the prosecution and defense and the decision of the jury virtually 

 comprised the whole trial. This evidence, previously reduced to writ- 

 ing, was merely read by the clerk before the witness who stood on the 

 speakers' platform and acknowledged his testimony. The direct and 

 cross examination of the witnesses at the trial proper, was thus avoided 

 and the time consumed in putting questions to one's opponent, who was 

 obliged by law to answer, was but a small set-off to the time gained 

 by thus preparing material beforehand. The prompt decision of a 

 higher court, especially in a case so vital to the interests and even life 

 of the citizens as this against the corn-ring, would be of immense 

 benefit and must have been a procedure resulting from years of care- 

 fully considered legal and political experience. 



And too, a prospective prosecutor might well hesitate to bring a 

 public suit when he considered the penalties to which he would be 

 liable if he failed to prove his case. Our senator, however, could be 

 fully assured of the sympathy of the public and of enough votes from 

 the jury to relieve him of anxiety in regard to obtaining the necessary 

 one fifth of the total vote cast. Failing to receive the required number 

 of votes, payment of all costs and expenses was exacted together with 

 a fine of 1,000 drachma? or $180, which would purchase ten-fold more 

 than at the present day. Add to this, the partial loss of citizenship, 

 so far as the right to again bring similar suit is concerned, and we 

 realize the seriousness of a public indictment for the plaintiff, as well 

 as the effort of the Athenian legislator to prevent litigation among a 

 people with such a mania for law that a character in Aristophanes's 

 comedy did not believe that the country, pointed out on the map, was 

 his native Attica because he couldn't " see any lawsuits going on." 



As breaking the corn laws was a crime against the state no " sum- 

 mons " like that in a private suit was required, but the accusation was 

 first laid before the president of the Boule or unicameral senate, 1 who 

 referred the matter to the senate, in session, which then held a " hear- 

 ing " which took the place of the " preliminary hearing " in the private 

 case before the magistrate, noted above. If the senate favored the 

 accusation, a resolution was passed to that effect, and the clerk notified 

 the Thesmotheta? of the result of the " hearing," submitting therewith 

 the evidence of which the latter might take official notice. It then 

 became the duty of these officials to bring the case for actual trial before 

 a jury. The Thesmothetas, who were associated with the chief magis- 

 trates of the nation, were a board who had the supervision of the whole 

 judicial system at Athens and, in that capacity, examined and noted 

 defects in the laws and kept a record of judicial decisions. These six 

 junior archons presided at the trial in great public cases like the present 



1 Lysias, Oration 22, Sec. 2. 



