The Training of a Public Speaker

by Grenville Kleiser

PURPOSES OF THE PERORATION

The favor of the judges toward us is more sparingly sued for in the beginning, it being then sufficient to gain their attention, as the whole discourse remains in which to make further impressions. But in the peroration we must strive to bring the judge into that disposition of the mind which it is necessary for us that he should retain when he comes to pass judgment. The peroration being finished, we can say no more, nor can anything be reserved for another place. Both of the contending sides, therefore, try to conciliate the judge, to make him unfavorable to the opponent, to rouse and occasionally allay his passions; and both may find their method of procedure in this short rule, which is, to keep in view the whole stress of the cause, and finding what it contains that is favorable, odious, or deplorable, in reality or in probability, to say those things which would make the greatest impression on themselves if they sat as judges.

I have already mentioned in the rules for the exordium how the accuser might conciliate the judges. Yet some things, which it was enough to point out there, should be wrought to a fulness in the peroration, especially if the pleading be against some one universally hated, and a common disturber, and if the condemnation of the culprit should redound as much to the honor of the judges as his acquittal to their shame. Thus Calvus spoke admirably against Vatinius:

"You know, good sirs, that Vatinius is guilty, and no one is unaware that you know it." Cicero, in the same way, informs the judges that if anything is capable of reestablishing the reputation of their judgment, it must be the condemnation of Verres. If it be proper to intimidate the judges, as Cicero likewise does, against Verres, this is done with better effect in the peroration than in the exordium. I have already explained my sentiments on this point.

HOW TO AROUSE EMOTIONS

In short, when it is requisite to excite envy, hatred, or indignation there is greater scope for doing this to advantage in the peroration than elsewhere. The interest in the accused may naturally excite the judge's envy, the infamy of his crimes may draw upon him his hatred, the little respect he shows him may rouse his indignation. If he is stubborn, haughty, presumptuous, let him be painted in all the glaring colors that aggravate such vicious temper, and these manifested not only from his words and deeds, but from face, manner, and dress. I remember, on my first coming to the bar, a shrewd remark of the accuser of Cossutianus Capito. He pleaded in Greek before the Emperor, but the meaning of his words was: "Might it not be said that this man disdains even to respect Cæsar."

The accuser has recourse frequently to the arousing of compassion, either by setting forth the distrest state of him for whom he hopes to find redress, or by describing the desolation and ruin into which his children and relations are likely thereby to be involved. He may, too, move the judges by holding out to them a prospect of what may happen hereafter if injuries and violence remain unpunished, the consequence of which will be that either his client must abandon his dwelling and the care of his effects, or must resolve to endure patiently all the injustice his enemy may try to do him.

The accuser more frequently will endeavor to caution the judge against the pity with which the defendant intends to inspire him, and he will stimulate him, in as great a degree as he can, to judge according to his conscience. Here, too, will be the place to anticipate whatever it is thought the opponent may do or say, for it makes the judges more circumspect regarding the sacredness of their oath, and by it the answer to the pleading may lose the indulgence which it is expected to receive, together with the charm of novelty in all the particulars which the accuser has already cleared up. The judges, besides, may be informed of the answer they should make to those who might threaten to have their sentence reversed; and this is another kind of recapitulation.

The persons concerned are very proper objects for affecting the mind of the judge, for the judge does not seem to himself to hear so much the orator weeping over others' misfortunes, as he imagines his ears are smitten with the feelings and voice of the distrest. Even their dumb appearance might be a sufficiently moving language to draw tears, and as their wretchedness would appear in lively colors if they were to speak it themselves, so proportionately it must be thought to have a powerful effect when exprest, as it were, from their own mouths. Just so, in theatrical representations, the same voice, and the same emphatic pronunciation, become very interesting under the masks used for personating different characters. With a like view Cicero, tho he gives not the voice of a suppliant to Milo, but, on the contrary, commends his unshaken constancy, yet does he adapt to him words and complaints not unworthy of a man of spirit: "O my labors, to no purpose undertaken! Deceiving hopes! Useless projects!"

This exciting of pity, however, should never be long, it being said, not without reason, that "nothing dries up so soon as tears." If time can mitigate the pangs of real grief, of course the counterfeit grief assumed in speaking must sooner vanish; so that if we dally, the auditor finding himself overcharged with mournful thoughts, tries to resume his tranquility, and thus ridding himself of the emotion that overpowered him, soon returns to the exercise of cool reason. We must, therefore, never allow this kind of emotion to become languid, but when we have wound up the passions to their greatest height, we must instantly drop the subject, and not expect that any one will long bewail another's mishap. Therefore, as in other parts, the discourse should be well supported, and rather rise, so here particularly it should grow to its full vigor, because that which makes no addition to what has already been said seems to diminish it, and a passion soon evaporates that once begins to subside.