The Express.
London, England, 1859-07-23 00:00:00

MIDDLESEX SESSIONS

(More Mr. Bakis, Atisisisitt-Jodie.)

AIMS li'dt•hire, • goardiunei (Coldstream), iunesdared
to take his t,tal on a charge of wilfully ludegiug upon a boy
grievous bodily harm.
Xr. Daly was for the promotion, Mr. F. H. Lewis for the
tiefeadant.

It appeared that some boys, among them the prosecutor,
the son of very respectable parents named Lsverson, were
playing a game called " duck" neer blueetim-street on the
4th natant, when the defendant went up, end, according to
the evidence of one of them—ii sharp and intelligent led
named Jones, an (*phew—atm& LIPTOTIOS under the leftear,
and stunned him ; after that he picked hint up by the leg and
beck part of the trouser', swung him round, and then dashed
him Into the middle of the road, whereby he broke his arm
In two pieces. Jones said to him, " You've done it," his
answer to vrhic was that he meant to do it. for he (Lever-
son) had hit his brother, and had celled him " Lobster."
The defendant had a brother about the eame age ae the pro-
secutor, and one day the latter was out with his sisters,
when defendant's brother kicked one of them, for
. -

whka lAvereon gave kin a smack on the heed,
as he celled it. After the soma the defendant ran sway, bat
was followed and charged. The boys most distinctly denied
that the term " Lobster ' we. ever appliei to the defendant
by any of them.
Mr. Lewis, for the defence, urged that it was incredible
that a man who had ben Ave years an exemplary soldier,
and had fought in the Crimea, could be guilty of doing this
Injury to the poor boy, wilfully and malicioaely. He had
been irritated no doubt by some quarrel between Leverson
and his young. brother, sad struck him, in a moment of
peplos, not *Amu any Intention of doing him injury. A
common assault, of course, he moat be convicted of, but not
the rertme offence cbargeJ in the principal count.
The prisooer's sergeant wee than called sate character. He
said the prisoner's conduct was orderly end excellent. He had
been in the regiment eve years and bed never been repotted,
end rerved in the Crimea eight or nine months.
The jury found the defendant Orate, on the second count.
The defendant, in answer to the learned Judge, said be was
very sorry toe what bad occurred, and the injury wee quite
accidental. He we. willing to do all ha could by we, of
compensetitn.'
The Aratistaist-Judge asked if any oftr of that tort h d
base made to the father. _

Mr7loverson ;id there wee a eturgestion to tbat eff<ct,
'Nit the magistrate, Kr. Henry, had decided to commit the
defendant fur trial, nut be thought it his duty to prosecute.
Had it been an injury to himself he might have received at
apology ; but as it was • wanton piece of cruelty to hie child,
be codld not but go on with the cue. The defendant had

pelted his door daily since the occurrence, and if he had been
really sorry for what he had dome he might have knocked,
and inquired how the poor boy, whoa.' arm be hod broken
in two place, watt getting on, bat he had not done so.
The Assistant-Judge inquired if the defendant would le
subjected to any military pusiabluent alter he came oat of
prison.
The Sergeant said be would not; when his time was up
they would send to the prison for him.
Ihe Atreistant-J edge maid he much regretted to ere a
soldier who had hitherto borne so earelltutt n character for
good conduct in the defendant's pretition. That character
bad considerable weight In hie judgment, but it was a cue
which could nut be indeed ever with a light puoisbuient.
Coneidgring ell the circumetetees the sentence would be four
menthe' herd labour. Mr. beams had acted in the matter
very much to his credit.