[18]
There is no doubt
who administered the draught, and, if it was poison,
there is no question as to the author: but the
problem as to whether the draught was poison can
only be decided by arguments drawn from the
character of the accused.
There remains a third type of conjectural case
where the fact is admitted, and the only question
is as to the author. It is unnecessary for me to
quote examples, since such cases are of frequent
occurrence. For example, it may be clear that a
man has been killed or that sacrilege has been committed, but the person accused of the crime may
deny his guilt. It is from such circumstances that
cases of mutual accusation arise, where it is admitted
that the crime has been committed, but each party
charges the other with being the author.
Quintilian. With An English Translation. Harold Edgeworth Butler. Cambridge. Cambridge, Mass., Harvard University Press; London, William Heinemann, Ltd. 1922.
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