which is too wanton, they say, to feel fatigue.  Still, I wish you would tell us,” said he, “what led to my striking you.  Did I ask you for something and, on your refusing it to me, did I proceed to beat you?  Was it a debt, for which I demanded payment? or a quarrel about some boy or other?  Was I the worse for liquor, and behaving like a drunkard?” When the man met each of these questions with a negative, he questioned him further:  “Are you a heavy infantry soldier?” “No,” said he.  “A peltast, then?” “No, nor yet a peltast”; but he had been ordered by his messmates to drive a mule, although he was a free man. 5 Then at last he recognised him, and inquired:  “Are you the fellow who carried home the sick man?” “Yes, I am,” said he, “thanks to 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 might have been better.”  The others were now called upon to state the grounds on which they had been beaten in each case; but when they refused to get up, he proceeded to state them himself.