[24]
There is a further question which is still more
frequently raised, as to whether the statement of
facts should always follow immediately on the
[p. 63]
exordium. Those who hold that it should always do so
must be admitted to have some reason on their side.
For since the purpose of the exordium is to make
the judge more favourably disposed and more
attentive to our case and more amenable to
instruction, and since the proof cannot be brought
forward until the facts of the case are known, it
seems right that the judge should be instructed in
the facts without delay.
Quintilian. With An English Translation. Harold Edgeworth Butler. Cambridge. Cambridge, Mass., Harvard University Press; London, William Heinemann, Ltd. 1921.
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