two trials out of one' (85).48 The simple conclusion to draw from this is that the defendant's case is shaky, but this would ignore the particular circumstances of the trial. The new trial would be a δίκη φόνου, which unless special conditions obtained for aliens, would be held before the Areopagus, which consisted mostly of senior ex- officials who might be less susceptible to the popular prejudice that was rife in the Heliaea, and more likely to judge in strict accordance with the law. In particular, they might take an unfavourable view of the prosecution's killing one of their main witnesses, while the passage of time might weaken the impact of his evidence. In spite of these particular circumstances, however, the line taken in the epilogue does suggest that this was a difficult defence, and the publication of the speech displayed Antiphon's talents at their most acute.
The three court speeches of Antiphon show clear advances on the Tetralogies in technique, style, and use of topoi. All three prooemia contain innovations. In 1, charged emotion centres around abhorrence at conflict between relations. In 1 and 5, the opponents' abuse of slaves' evidence is examined in two extended procatasceuai ( 1. 5-12, 5. 8-19). The prooemium of 6 contains the first summary of the plan of a speech. In that of S the standard topoi are invested with stylistic adornment, notably antithesis and parison; and the plea for a fair heating is amended to a captatio benevolentiae.
Narrative, a relatively minor feature of the Tetralogies, comes into its own, especially in 1. It is used to supply not only facts but motives, and pathos is injected into it at climactic moments. In 5 the bare facts are told in separate narratives in order to draw the necessary arguments most effectively from each. Interweaving of narrative and argument is no less cleverly used in 6, where there is also a more direct attack on the opponent's character.
Antiphon's reputation as both pioneer and perfecter of argument from probability arises chiefly from its prominence in 5, a case____________________