The Express.
London, England, 1863-12-24 00:00:00

guished Yeomanry Corps in this comity, and that you did
proceed to the country in • way which caused alarm to great
number@ of her Majesty's subjects, and that you did in the
course of your caner fire off • pistol, and that you did also
draw your sword and flourish it about, one man receiving •
trilling injury—au injury trifling in itself, as has been truly
stated by your counsel, but an injury serious from the dia-
meter of the weapon with which it was inflicted, and above
all (as von yourself must molt deeply feel) from the uniform
Thess are circumstances which unites some substantial
which was worn by the person who committed the act.
ground is submitted to the court for the pur-
pose of inducing it to abstain from doing so,
would call for the meet serious sentence, and
noise the less because you are a person occupying
a high position in the county, representing as it seems an
ancient family, and you yourself losing • person who, the
court cannot doubt from the affidavita, has been received
with favour and affection amongst the most distinguished
people of this county. The court, however, while it must
take what I may properly call • " professicoal view " of
the case—it is its bounden duty to do so—while it must in
peeing sentence look to the security of the public, and take
care that no person who is answerable for his *otiose—end
I have no doubt upon the affidavits, and everybody mare
rejoice to hear it, that you are now answerable for your
actions—should serape an adequate punishment ; the court,
while it must take care that the public is secured by a sub-
stantial senteoce upon persons who so seriously interfere with
the public peace of the county must not forget what it is that
has brought you into the state in which you committed this,
which I may permit myself to call extraordinary and sin-
escaped.. The court must also consider the proba-
bility or improbability of similar acts being dace, either by
you or by any person who would be in • position to do
them. With respect to the latter, I repeat, the act is of an
extraordinary description, unlikely to recur, and in that re-
spect, though the court must peas upon you a sentence most
serious to you, they would not feel bound to pus upon you
a sentence of a more serious kind. With respect to the
former, there can be no doubt that the frenzy, as it has
been properly designated by the Attorney-General on your
behalf, in which these acta were committed, although in part
it must have been occasioned by something which you
had taken, is also in a msesure to be attributed to your
having suffered f rom serious Ukase in the east in the service of
the Queen, and that is the feature in the case to which the
court looks with the greatest satisfaction, and we desire to
allow it all due weight is passiog sentence upon you. It is
also true that upon looking at the depositions the evidence
makes it clear that the pistol which you fired was not
loaded with a bullet. The other pistol which was found upon
you appears to have had no bullet is it. Whether there
was anything else in the pistol is not so clear. One may
suspect or speculate upon it, but it is clear to my mind
that the pistol was not loaded with ball, and that the person
who was hit with that pistol was not even wounded. It
appears to have been fired close, and the contents to have
reddened his shoulder. I must say here that I commend
the course takea by the able and discreet counsel wbo ace-
duets the prosecution, in not proceeding with the graver
charge upon that indictment, for it appears to me clear upon
the evidence that you could not have been convicted of the
graver charge. With respect to the injury inflicted on the
other man, it was fortunately also of • slight character, and
upon that also / think • proper course has been taken, look-
ing to all the circumstances of the case. I have now re-
viewed all the facts, and it remains for the court to say what
sentence shall be pronounced upon you. The court in this
case has • discretion vested in it to sentence you to fine or to
imprisonment, or to require securitygfor your future con-
duct. lam bound to say that I don't think the office of the
court would be judiciously exercised in requiring securities
for your future conduct, for you are a person of '
fortune and of friends, and no doubt yourself a
person of education and of discretion, such SA
the experience of your life must have given, and the
court has • complete assurance from these circumstances,
much more than from any security for your good conduct,
in saying that such • security would in this case be nuga-
tory. Then comes the questioo whether you are to be fined
or imprisoned, or both ; and I very much lament to say that,
having given this case my moat anxious consideration,
although the court thinks that to • certain extent a fine
may be substituted for imprisonment, it is of opicion that,
looking to this having takes place in a public highway, and
it being impossible to treat you as • person not responsible
for your actions, it is neceenry to pass noose sentence of
imprisonment upon you, even looking at it from the point
of view which must be taken with reference to the
mere police treatment of the subject. The oonrt,
however, has determined with reference to that Mr-
cuniatance which has been already adverted to and suffi-
ciently dwelt upon—the fact of your having suffered in
the East, an illness brought on by that havirg had so much
to do with the act which you committed—the court has de-
termined to 'antelope you to a short imprisonment, and to
substitute • fins for the remainder of the sentence which it
is proper to impose upon you. Of course the fine must be
of • substantial character, rather with reference to your
position as an 'stated man than with reference exclusively
to the consideration of the offence for which you have been
properly advised to plead guilty. Under all the circum-
stances of the case the judgment of the court upon you is
that you be imprisoned in the common gaol of this county
for one colander month, and that you pay to our lady the
Queen • fine of 3001., and be further imprisoned until that
fine be paid.
The prisoner was then taken below.