[24]
In this connexion great play may be made by
reference to the age and sex of the accused, or to
his nearest and dearest, that is, his children, parents
and kindred, all of which topics are treated in
[p. 399]
different ways. Sometimes the advocate himself may
even assume the role of close intimacy with his
client, as Cicero does in the pro Milone,1 where he
cries: “Alas, unhappy that I am! Alas, my unfortunate friend! You succeeded by the agency of
those who are now your judges in recalling me to
my native land, and cannot I through the same
agency retain you in yours?” Such a method is
especially serviceable when, as was the case with
Milo, entreaty is not in keeping with the character
of the accused.
1 xxxvii. 102.
Quintilian. With An English Translation. Harold Edgeworth Butler. Cambridge. Cambridge, Mass., Harvard University Press; London, William Heinemann, Ltd. 1921.
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