XXXIV.  Phokion and his companions were now taken into custody:  upon which such of his friends as saw this from a distance covered their faces with their cloaks and made their escape.  Kleitus conducted the prisoners back to Athens, nominally to be tried there, but really already under sentence of death.  The procession was a sad one, as they were brought in carts through the Kerameikus to the theatre, where Kleitus kept them until the archons had convened the assembly.  From this assembly neither slaves, foreigners, nor disfranchised citizens were excluded, but every one, men and women alike, were allowed to be present and to address the people.  After the king’s letter was read, in which he said that he was convinced that these men were traitors, but sent them to Athens for trial because that city was free and independent, Kleitus brought in the prisoners.  At the sight of Phokion the better class of citizens covered their faces and silently wept, and one of them had the courage to rise and say that, as the king had allowed the Athenian people to conduct so important a trial, all slaves and foreigners ought to leave the assembly.  The populace, however, would not hear of this, but cried, “Down with the oligarchs who hate the people.”  As no other friend of Phokion dared to speak, he himself, after obtaining a hearing with difficulty, asked “Do you wish to condemn us to death justly or unjustly?” As some answered “justly,” he said, “How can you be sure of this, if you will not hear us?” As however the people paid no more attention to him, he came nearer to them and said, “For my own part, I admit that I have done wrong, and I consider that my political acts deserve to be punished with death; but, men of Athens, why will you kill these others, who have done no wrong?” When many voices answered, “Because they are your friends,” Phokion retired and held his peace.  Hagnonides now read the motion which he was about to put to the meeting which called upon the people to decide by a show of hands whether the men were guilty or not; and in case they were found guilty, to put them to death.

XXXV.  When this decree was read some wished to add to it that they should be put to death with torture, and bade Hagnonides send for the rack and the executioners; but Hagnonides, seeing that even the Macedonian Kleitus was disgusted at this proposal, and thought it a savage and wicked action, said, “Men of Athens, when we catch the villain Kallimedon, we will put him to the torture; but I will make no such proposal in the case of Phokion.”  Upon this one of the better class cried out, “And quite right too; for if we torture Phokion, what shall we do to you?” When the decree was passed by show of hands, no one sat still, but the whole people, many of them wearing garlands of flowers, rose and voted for the death of the accused.  These, besides Phokion, consisted of Nikokles, Thodippus, Hegemon, and Pythokles:  while sentence of death in their absence was passed against Demetrius Phalereus, Kallimedon, Charikles, and some others.