[7]
which has to produce the motive for
the homicide. “It is lawful,” lie urges, “to kill an
adulterer with his paramour.” Another admitted
point, for there is no doubt about the law. We
must look for a third point where the two parties are
at variance. “They were not adulterers,” say the
prosecution; “They were,” say the defence. Here
then is the question at issue: there is a doubt as to
the facts, and it is therefore a question of conjecure.1
Sometimes even the third point may be admitted;
1 i.e. a question as to facts. cv. VII. ii.
Quintilian. With An English Translation. Harold Edgeworth Butler. Cambridge. Cambridge, Mass., Harvard University Press; London, William Heinemann, Ltd. 1922.
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