§§ 51, 52. The defendant will urge that the jury in the former trial were led to dismiss my suit by reason of the witnesses in support of the discharge on which Phormion's special plea was based; and not by reason of those who (like himself) gave evidence to the will, as part of the main issue. But I reply that every one knows that juries look to the main issue as well as to the special plea, and I contend that witnesses to the main issue (like the defendant) crippled my case on the special plea. Where all gave false evidence, it is not enough for any individual defendant to point out that some other witness damaged my case more than he did, but he must prove that his own evidence is true.
παραγραφὴν ἡττημένος 24 § 15 τὰς γραφὰς ἥττηντο.
ἀφεῖναι sc. τῶν ἐγκλημάτων Φορμίωνα. Or. 36 §§ 23—25.
τὰ πεπραγμένα The facts of the case on its merits, as opposed to the special plea. See note on Or. 36 Argument 1. 23 ἄπτεται τῆς εὐθείας κ.τ.λ.
ἀσθενεῖς ἐποίησαν κ.τ.λ. ‘Weakened my arguments on the special plea.’ This need not imply that he actually spoke; as a matter of fact, we find the court would not listen to him (§ 6).
