[21]
For the purpose of the statement of facts is
not merely to instruct, but rather to persuade the
judge. Therefore, when we desire to influence him
in some way or other, although he may require no
instruction, we shall preface our statement with
some such remarks as these: “I know that you are
aware of the general nature of the case, but I trust
you will not take it ill if I ask you to consider each
point in detail.”
Quintilian. With An English Translation. Harold Edgeworth Butler. Cambridge. Cambridge, Mass., Harvard University Press; London, William Heinemann, Ltd. 1921.
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