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[8] How such knowledge may be acquired I shall explain when I come to the appropriate portion of this work.1 This knowledge will suggest material for the examination and will supply weapons ready to the speaker's hand: it will also indicate to him the points for which the judge's mind must be prepared in the set speech. For it is by the set speech that the credit of witnesses should be established or demolished, since the effect of evidence on the individual judge depends on the extent to which he has been previously influenced in the direction of believing the witness or the reverse.

And since there are two classes of witnesses2

1 XII. viii.

2 In civil cases evidence was as a rule voluntary; in criminal cases the accuser might subpoena witnesses, while the defence was restricted to voluntary testimony.

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