in a public place near the office of the magistrate. 3. THE PRELIMINARY HEARING OR ANAKKisis. At this hearing the defendant had his first opportunity to be heard. He must either show why the case ought not to be sent up .for trial, or what defense he had to offer. Here he could plead the doctrine of "res judicata," or " the statute of limita tions," as well as the same grounds upon which in the first but ex parte hearing, the LEXIS, the magistrate could throw the suit out of court. In the statute of limitations, there were some very peculiar features. For instance, it did not run against the offense of uprooting an olive tree. Suit could be brought for that cause at any time, while a prosecu tion for violating the Constitution must be begun within one year after the offense was committed. If in a criminal case, the pros ecutor failed to appear at this hearing, he was fined 1000 drachmas, and could not again appear as the prosecutor in any case. According to Aristotle, the evidence to be presented at this hearing was of five classes : i, copies of laws; 2, written documents, con tracts, wills, etc.; 3, witnesses; 4, oaths; 5, tortures. Only males, not parties to the suit, who were over eighteen years of age and were freemen of good reputation could testify. A witness who failed to appear was liable to a suit for damages. In criminal cases and after a second summons by the crier, a de faulting witness was liable to a fine of 1000 drachmas. Each party had to lead up to the altar to take the oath, the witnesses for the other party. By the classification of "Oaths," as a kind of evidence distinct from "Witnesses," is meant the testimony of par ties to the suit and sometimes of women. ith consent of the opposite party, or on his demand, the plaintiff or defendant could be sworn. If a party thus challenged re fused to swear, such refusal was considered as an admission of the fact to be sworn to. If, however, the party accepted the challenge
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or testified with consent of his adversary, he could not afterward be prosecuted for per jury. When, however, the cause was on trial such testimony was not to be taken as conclusive. The party allowing or calling for such testimony was allowed to prescribe the formula of the oath, the most solemn form be ing by the heads of the deponent's children. Apparatus for torture and men to operate it were to be seen in even the most trivial law suits in Athens. It was very often provided for the occasion by the plaintiff or prosecu tor himself. While the law did not allow slaves to testify, testimony elicited from them while under torture, was considered more re liable than the oath of a citizen. As the proportion of slaves to full grown freemen in Athens was about 12 to I, the public sen timent that controlled in the testimony of slaves in lawsuits was that of the minority, and that is always merciless. At these pre liminary hearings the work of torturing in nocent persons in order to get reliable evi dence went on for at least 250 days in every year. At these hearings the fees were paid for by both parties, the winner to reimburse the loser. If the value at issue was less than loo drachmas no fees were paid. In convictions for digging up olive trees the de fendant paid loo drachmas per tree to the State and 100 to the prosecutor. The ANAKRISIS concluded, the evidence that had been secured was placed in two caskets that were then securely sealed, and were not to be opened until the day of trial. Civil suits could be compromised or dropped entirely at any time before trial. A prosecution in a criminal cause could be withdrawn by con sent of the magistrate. 4. THE TRIAL OF EISAGOGE. Every trial must be concluded the same day that it was begun. The days of trial and the cause fixed for each clay were shown upon tablets hung up in places of public resort. When the day of trial arrived, the crier, by direc tion of the presiding judge, called the parties into court, and the clerk then read the com
