Institutio Oratoria

Quintilian

Quintilian. Institutio Oratoria, Volume 1-4. Butler, Harold Edgeworth, translator. Cambridge, Mass; London: Harvard University Press, William Heinemann Ltd., 1920-1922.

If you were to make a partition such as the following,

I will not say that the character of my client is such as to render him incapable of murder, I will only say that he had no motive for murder and that at the time when the deceased was killed he was overseas,
in that case all the proofs which you propose to bring before this, the final proof, must needs seem superfluous to the judge.

For the judge is always in a hurry to reach the most important point. If he has a patient disposition he will merely make a silent appeal to the advocate,

v4-6 p.143
whom he will treat as bound by his promise. On the other hand, if he is busy, or holds exalted position, or is intolerant by nature, he will insist in no very courteous manner on his coming to the point.