If this was done in days when every speech was designed for practical purposes rather than display and the courts were far stricter than to-day, how much more should we do it now, when the passion for producing a thrill of pleasure has forced its way even into cases where a man's life or fortunes are in peril? I shall say later to what extent I think we should indulge popular taste in this respect: in the meantime I shall admit that some such indulgence is necessary.

A powerful effect may be created if to the actual facts of the case we add a plausible picture of what occurred, such as will make our audience feel as if they were actual eyewitnesses of the scene. Such is the description introduced by Marcus Caelius in his speech against Antonius. For they found him lying prone in a drunken slumber, snoring with all the force of his lungs, and belching continually, while the most distinguished of his female companions sprawled over every couch, and the rest of the seraglio lay round in all directions. They however perceived the approach of the enemy and, half-dead with terror, attempted to arouse Antonius, called him by name, heaved up his head, but all in vain, while one whispered endearing words into his ear, and another slapped him with some violence. At last he recognised the voice and touch of each and tried to embrace her who happened to be nearest. Once wakened he could not sleep, but was too drunk to keep awake, and so was bandied to and fro between sleeping and waking in the hands of his centurions and his paramours. Could you find anything more plausible in imagination, more vehement in censure or more vivid in description?

There is another point to which I must call attention, namely the credit which accrues to the statement of facts from the authority of the speaker. Now such authority should first and foremost be the reward of our manner of life, but may also be conferred by our style of eloquence. For the more dignified and serious our style, the greater will be the weight that it will lend to our assertions.

It is therefore specially important in this part of our speech to avoid anything suggestive of artful design, for the judge is never more on his guard than at this stage. Nothing must seem fictitious, nought betray anxiety; everything must seem to spring from the case itself rather than the art of the orator.

But our modern orators cannot endure this and imagine that their art is wasted unless it obtrudes itself, whereas as a matter of fact the moment it is detected it ceases to be art. We are the slaves of applause and think it the goal of all our effort. And so we betray to the judges what we wish to display to the bystanders.

There is also a kind of repetition of the statement which the Greeks call ἐπιδιηγήσις. It belongs to declamation rather than forensic oratory, and was invented to enable the speaker (in view of the fact that the statement should be brief) to set forth his facts at greater length and with more profusion of ornament, as a means of exciting indignation or pity. I think that this should be done but rarely and that we should never go to the extent of repeating the statement in its entirety. For we can attain the same result by a repetition only of parts. Anyone, however, who desires to employ this form of repetition, should touch but lightly on the facts when making his statement and should content himself with merely indicating what was done, while promising to set forth how it was done more fully when the time comes for it.

Some hold that the statement of facts should always begin by referring to some person, whom we must praise if he is on our side, and abuse if he is on the side of our opponents. It is true that this is very often done for the good reason that a law-suit must take place between persons.

Persons may however also be introduced with all their attendant circumstances, if such a procedure is likely to prove useful. For instance, The father of my client, gentlemen, was Aulus Cluentius Habitus, a man whose character, reputation and birth made him the leading man not only in his native town of Larinum, but in all the surrounding district. pro Cluent. v. 11.

Or again they may be introduced without such circumstances, as in the passage beginning For Quintus Ligarius etc. pro Lig. i. 2. Often, too, we may commence with a fact as Cicero does in the pro Tullio pro Tull. vi. 14. : Marcus Tullius has a farm which he inherited from his father in the territory of Thurium, or Demosthenes in the speech in defence of Ctesiphonl, § 18. — On the outbreak of the Phocian war.