GETTING YOUR STATEMENTS ACCEPTED
The best way to make the narration probable is to first consult with ourselves on whatever is agreeable to nature, that nothing may be said contrary to it; next, to find causes and reasons for facts, not for all, but for those belonging to the question; and last, to have characters answerable to the alleged facts which we would have believed; as, if one were guilty of theft, we should represent him as a miser; of adultery, as addicted to impure lusts; of manslaughter, as hot and rash. The contrary takes place in defense, and the facts must agree with time, place, and the like.
Sometimes a cause may be prepared by a proposition, and afterward narrated. All circumstances are unfavorable to three sons who have conspired against their father's life. They cast lots who shall strike the blow. He on whom the lot falls, enters his father's bed-chamber at night, with a poniard, but has not courage to put the design into execution. The second and the third do the same. The father wakes. All confess their wicked purpose, and by virtue of a law made and provided for such case, they are to be disinherited. But should the father, who has already made a partition of his estate in their favor, plead their cause, he may proceed thus: "Children are accused of parricide, whose father is still alive, and they are sued in consequence of a law that is not properly applicable to their case. I need not here give an account of a transaction that is foreign to the point of law in question. But if you require a confession of my guilt, I have been a hard father to them, and rather too much occupied in hoarding up the income of my estate, which would have been better spent in necessaries for them." Afterward he may say that they did not form this plan by themselves, that they were instigated to it by others who had more indulgent parents, that the result clearly showed they were not capable of so unnatural an action, that there was no necessity for binding themselves by oath if in reality they could have had such an inclination, nor of casting lots if each did not want to avoid the perpetration of such a crime. All these circumstances, such as they are, will be favorably received, softened in some measure by the short defense of the previous propositions.
THE ORDER OF THE NARRATION
I am not of the opinion of those who think that the facts ought always to be related in the same order in which they happened. That manner of narration is best which is of most advantage to the cause, and it may, not improperly, call in the aid of a diversity of figures. Sometimes we may pretend that a thing has been overlooked, so that it may be better exprest elsewhere than it would be in its own order and place; assuring the judges at the same time that we shall resume the proper order, but that the cause in this way will be better understood. Sometimes, after explaining the whole affair, we may subjoin the antecedent causes. And thus it is that the art of defense, not circumscribed by any one invariable rule, must be adapted to the nature and circumstances of the cause.
It will not be amiss to intimate that nothing enhances so much the credibility of a narration as the authority of him who makes it, and this authority it is our duty to acquire, above all, by an irreproachable life, and next, by the manner of enforcing it. The more grave and serious it is, the more weight it will have. Here all suspicion of cunning and artifice should, therefore, be particularly avoided, for the judges, ever distrustful, are here principally on their guard, and, likewise, nothing should seem a pure fiction, or the work of study, which all might rather be believed to proceed from the cause than the orator. But this we can not endure, and we think our art lost unless it is seen; whereas it ceases to be art if it is seen.