your driving; and you made havoc of my messmates' kit." "Havoc!" said Xenophon: "Nay, I distributed it; some to one man, some to another to carry, and bade them bring the things safely to me; and when I got them back I delivered them all safely to you, and you, on your side, had rendered an account to me of the man. Let me tell you," he continued, turning to the court, "what the circumstances were; it is worth hearing:—
(1) See the "Dict. of Antiq." 622 a. HYBREOS GRAPHE. In the case of
common assaults as opposed to indecent assault, the prosecution
seems to have been allowable only when the object of a wanton
attack was a free person. Cf. Arist. "Rhet." ii. 24.
"A man was left behind from inability to proceed farther; I recognised the poor fellow sufficiently to see that he was one of ours, and I forced you, sir, to carry him to save his life. For if I am not much mistaken, the enemy were close at our heels?" The fellow assented to this. "Well then," said Xenophon, "after I had sent you forward, I overtook you again, as I came up with the rearguard; you were digging a trench with intent to bury the man; I pulled up and said something in commendation; as we stood by the poor fellow twitched his leg, and the bystanders all cried out, 'Why, the man's alive!' Your remark was: 'Alive or not as he likes, I am not going to carry him' Then I struck you. Yes! you are right, for it looked very much as if you knew him to be alive." "Well," said he, "was he any the less dead when I reported him to you?" "Nay," retorted Xenophon, "by the same token we shall all one day be dead, but that is no reason why meantime we should all be buried alive?" Then there was a general shout: "If Xenophon had given the fellow a few more blows, it