A detailed examination of the arguments presented in the fifth oration of the Athenian orator Antiphon, written ca. 420 B.C. for the defendant Euxitheos, accused of murdering Herodes. Attention is paid to the legal, political and social background of the case, and to the development of rhetorical theory of the time. The study concludes that the preponderance of evidence suggests that Euxitheos was guilty.