As regards the conclusion of the statement of facts,
there is a controversy with those who would have
the statement end where the issue to be determined
begins. Here is an example. “After these events
the praetor Publius Dolabella issued an interdict in
the usual form dealing with rioting and employment
of armed men, ordering, without any exception, that
Aebutius should restore the property from which he
had ejected Caecina. He stated that he had done so.
A sum of money was deposited. It is for you to
decide to whom this money is to go.”1
can always be observed by the prosecutor, but not
always by the defendant.
III. In the natural order of things the statement of fact
is followed by the verification.
is necessary to prove the points which we stated
with the proof in view. But before I enter on this
portion, I have a few words to say on the opinions
held by certain rhetoricians. Most of them are in
the habit, as soon as they have completed the statement of facts,
of digressing to some pleasant and
attractive topic with a view to securing the utmost
amount of favour from their audience.