The New York herald., 1867-02-20

fore he knew OF the proceedings against him. that he
had never been served With process ia the prosecution
and had not heard OF L for two years; and finally be
declared thar NJ desired express his sincere
the offence which lie bad Committed Upon these mate
rails,
Mr.. Garth with him Mr.. Massey Dawson and Ir
Wooleiu appeared on the part OF the prosecutor and
said that without wishing undoIy to press the ho
must urge upon the court that the assault was very
serious insult aud without excuseor provooation Na
doubt he said, Lord krnes vane at the time was very
young, and was lab ring under great exciremenL Still,
he have be OF the serious OF such
insu, to an officer and gentleman and athonglhe
offence was committed ten years ago. he lad cot mp TO
had thus grossly and oens.vey insulted so far es
appeared, there had been no proyocaton nor was =
suggested that there had been any.
The Lord Chief Justice suggested IL Il was be
pressed as topic OF aggravaton that there
vocation, was rather for tho prosecutor TO bring for
ward the previous circumstances Of tue case which he
had not done
Mr. Garth said he thought It was rather for the de.
fsndan, to do So by way Of mitigation, and mus. be
insisted and be taken that there provocation.
behalf Of Lord Ernest vans in mitigation Of
sentence.
The court consulted together for some time
Mr. Justice Blackburn then addressed the defendant
In these tesns:-Lord Ernes vane-Yoa havc pleaded
guilty to criminal Information for assal and now
the court has to pass sentence upon you, and IL my
duty to pronounce senten and 70 stat the reasons
doubt Of an aggravated q aracter Al assault csm-
mttcd by splitting in gentienans face was certainly .
very grave offence But in this as IN all other cases we
might make such an offence in some instances more
heavy and In others more light II appears that from
circumstances which nekher party has brought before
quarrel had arisen between you and the prosecutor
in consequence OF which you were obliged to leave the
regiment, and he remained What the circumstances
were know not II they would have tended 70
aggravato the offence they should have been brought
before us by the prosecutor. and In the absence
of such evidence on his part we must presume
that they otsuch would aggravate the offence.
IT. on the other hand, the circumstances would have
tended to mitigate the case then it for you TO bring
them before u.s. As you have not done must take
it that they would not mitigate the case. Further than
that do not 60. II appears. however that at that
time you wore very young man, not yet OF age, and
that doubt, is a circumstance Of mitigation. But,
still further 1t appears that when you had gone abroad,
avoid these proceedings but to evads pecuniary
difficulties the strictly legal but not Of pro-
ceeding against youthat or outawry upon the criminal
charge-was taken The effect Of that that during
the time which has elapsed you placed under all
the disabilities and annoyances Of outawry which,
doubt have been in itself considerable punisl-
Of time to be considered--.he lapse Of ten
years, after which, OF course, the crcums ances
do not come with such force and freshness
they occurred moro recently. Nor Is 1t necessary
to pass such sentence as 1t might have
been ten years ago for the tone Of public feeling
duelng and tho course to be taken such occasions
much improved that IL is happily not necessary
infct sentences SO deterrent might have been
qured some years ago. These circumstances men,
toned as grounds for nfictng somewhat mitigated
sentence But, after all this has been said, IL
mains still serious offence, which requires serious
sentence though at the same time, the circumstances
such as to induce us to pass lenien sentence
possible, consistently with our duty We do not think
that under such circumstances, fine should be i'm
posed, which would be no punishment TO person in
your rank and position Wo feel bound to pass sem
tence OF some severity and taking all the clrcum-
stances into consideration sentence is that bc
imprisoned for three calendar months rs first class
msdemeanant
the prison which misdenleanants sentenced
IN thus court are confined