Institutio Oratoria

At times again we may pretend that we are repeating the facts for the benefit of some new member of the jury, [*]( i.e. introduced to fill the place of a juror who had had to leave the jury. ) at times that we do so with a view to letting every bystander as well realise the gross unfairness of our opponents' assertions. Under these circumstances our statement must be diversified by a free use of figures to avoid wearying those to whom the facts are familiar: we shall for instance use phrases such as

You remember,

It may perhaps be superfluous to dwell on this point,

But why should I say more, as you are well acquainted with the fact?

You are not ignorant how this matter stands

Besides, if we are always to regard as superfluous a statement of facts made before a judge who is familiar with the case, we may even go so far as to regard it as superfluous at times to plead the case at all.