[66]
A chance turn of the discussion has led us to a
difficult type of statement of facts. I will therefore
proceed to speak of those in which the facts are
against us. Under such circumstances some have
held that we should omit the statement of facts
altogether. Nothing can be more easy, except
perhaps to throw up the case altogether. But
suppose you undertake a case of this kind with
some good reason. It is surely the worst art to
admit the badness of the case by keeping silence.
We can hardly hope that the judge will be so
dense as to give a decision in favour of a case which
he knows we were unwilling to place before him.
Quintilian. With An English Translation. Harold Edgeworth Butler. Cambridge. Cambridge, Mass., Harvard University Press; London, William Heinemann, Ltd. 1921.
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