[33]
Again there is often a conflict between the evidence
and the arguments. One party will argue that the
witnesses know the facts and are bound by the
[p. 189]
sanctity of their oath, while the arguments are
nought but ingenious juggling with the facts. The
other party will argue that witnesses are procured by
influence, fear, money, anger, hatred, friendship, or
bribery, whereas arguments are drawn from nature;
in giving his assent to the latter the judge is believing the voice of his own reason, in accepting the
former he is giving credence to another.
Quintilian. With An English Translation. Harold Edgeworth Butler. Cambridge. Cambridge, Mass., Harvard University Press; London, William Heinemann, Ltd. 1921.
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