Strange things happen occasionally in our courts of justice. On
Malay morning, a man was tried before Sergeant ARAH1N for stealing some wainscot. Before the trial commenced, Mr. CLARK- soN, the prisoner's counsel, urged the Court to postpone it ; on the ground that the prisoner's witnesses were not present, but would be in the evening. The .Judge, however, would grant no delay; and the evidence against the prisoner v.. as proceeded with. Io -"lulling up, the Judge remarked that the evidence was of a very loose des,-riptirm ; but notwithstanding, the Jury returnei a ver- dict of " guilty." Mr. CL ARKSON protested, as well he might, against such a verdict, after the charge of the Judge, and without hearing the prisoner's witnesses. Setae altercation arose, and Sergeant AR AnIN defended the conduct of the Jury. The next day, Mr. Cietaxstes challenged the Jury, who were very indig- nant at being turned out of the box ; and Sergeant Alt am sr ob- served, that the witnesses for the prisoner, hied the day before, were only Iviteesses to character, and that in his sentence he should have ail the benefit of their evidence, just as if it had been given in Court.
This appears a very irregular mode of admioistering the law. In the first place, it not unfreqilently happens that the evidence of witnes,:es to character reelly makes strongly against, nut in favour of the prisoner; and such evidence iniluenves or ought to influence the. Jury emy materially in their verdict. Oo the other hand, the ptison•.•r should have the benefit of his gool character with the Jury as well as the Judge : if that were not the true in- Win the law, why is not evidence to eharaciar postponed till after the Nvrdivt has been given ? Sergeatit AR Ain N deprived the prisoner of the benefit of a good character with the Jury, in a case where he himself described the evidence as being of a " very loose description," and therefore one in which character good or bad woula have muse than usual weight. At the same time, in his sentence, he chose to take it for granted that his character had been goal, merely because witnesses were called to say so !
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