to an ultimate conclusion; and all property depends upon particular circumstances. If this had not been marked, there would not have been a mark upon it. «
A witness swore that the prosecutrix had said that the prisoner had stopped her and robbed her. COUNSEL FOR PRISONER. " Did she not say that the prisoner had interrupted her?" ARABIN: "That makes no difference, in terrupting and robbery are the same thing."
Indictment charging offence to have been committed at half past six o'clock on the Sun day before Easter. Defense, alibi: Several witnesses swore that this prisoner was in an other place at that time. ARABIN : " A good deal has been said about the time, but we all know that in law sometimes the day is immaterial."
"Prisoner, I have no doubt of your guilt; you go into a public house and break bulk, and drink beer; and that 's what in law is called embezzlement." "The
learned counsel is right in his posi tion, and if he can show precisely at what moment it was done, and that the prisoner was not there when he did it, and if so he could not do it. We cannot divest ourselves of common sense in courts of justice." "What » passes
- at the
- moment
is the
- best
evidence of what the mind feels at the in stant."
It is further recorded of Arabin that in sentencing a man to a comparatively light punishment, he used these words : "Prisoner at the bar, there are mitigating circumstances in this case that induce me to take a lenient view of it; and I will there fore give you a chance of redeeming a char acter that you have irretrievably lost."
Arabin was very near-sighted and also very deaf. On one occasion he unluckily took up a set of depositions which had no reference to the prisoner at the bar; the charge against him being that of stealing a pocket-handkerchief, while the judge's atten tion was fixed upon a charge of stealing a watch. Holding the abortive writing close to the light, and peering at it through his spectacles, he began his examination. ARABIN: "Well, witness, your name is John Tomkins." WITNESS : " My Lord, my name is John Taylor." ARABIN : " Ah! I see you are a sailor, and you live in the New Cut." WITNESS : " No, my Lord, I live at Wapping." ARABIN : " Never mind your being out shopping. Had you your watch in your pocket on the loth of November?" WITNESS : " I never had but one ticker, my lord, and that has been at the pawn-shop for the last six months." ARABIN : " Who asked you how long you had had the watch? Why can't you say yes or no! Well, did you see the prisoner at the bar?" WITNESS : " Yes, of course I did." ARABIN: "That's right, my man, speak up and answer shortly. Did the prisoner take your watch?" WITNESS (in a loud tone) : " I don't know what you 're driving at; how could he get it without the ticket, and that I had left with the missus." Arabin, who heard distinctly the whole of the last answer, threw himself back in his chair, adjusted his glasses, and glared at the witness box with a look of disgust. At last he threw the depositions to an elderly coun sel who was seated at the barrister's table, and said : "Mr. Ryland, I wish you would take this witness in hand, and see if you can make anything of him, for I can't." Now Ryland had been dining, and as he
