rongly implied; and in a comparison between the letter and the
spirit of the documents an argument is adduced to show which the
judge is the most bound to be guided by; or in documents of a wholly
contradictory nature, which is the most to be approved.

But when the point in dispute is once established, then the orator
ought to keep in view, what is to be proved by all the arguments
derived from the different topics for discovering arguments. And
although it is quite sufficient for him who sees what is concealed in
each topic, and who has all those topics, as a kind of treasury of
arguments, at his fingers' ends; still we will touch upon those which
are peculiar to certain causes.

XXXII. In conjecture, then, when the person on his trial takes refuge
in denial of the fact, these are the two first things for the accuser
to consider, (I say accuser, meaning every kind of plaintiff or
commencer of an action; for even without any accuser, in the strict
sense of the word, these same kinds of controversies may frequently
arise;) however, these are his first points for consideration, the
cause and the event. When I say the cause, I mean the reason for doing
a thing. When I say the event, I mean that which was done. And this
same division of cases was made just now, when speaking of the topics
of persuasion. For the rules which were given in deliberating upon the
future, and how they ought to have a bearing upon utility, or a power
of producing effects, a man who is arguing upon a fact is bound to
collect, so as to show that they must have been useful to the man whom
he is accusing, and that the act might possibly have been done by him.
The question of utility, as far as it depends upon conjecture, is
opened, if the accused person is said to have done the act of which he
is accused, either out of the hope of advantage or the fear of injury.
And this argument has the greater weight, the greater the advantages
or disadvantages anticipated are said to be. With reference to the
motive for an action we take into consideration also the feelings of
minds, if any recent anger, or long-standing grudge, or desire for
revenge, or indignation at an injury; if any eagerness for honour, or
glory, or command, or riches; if any fear of danger, any debt, any
difficulties in pecuniary matters, have had influence; if the man is
bold, or fickle, or cruel, or intemperate, or incautious, or foolish,
or loving, or excitable, or given to wine; if he