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SHATIN SHOOTING:
The Evidence Concluded.
THE HONGKONG. TELEGRAPH.
manding. I only exhorted tham Ito go back.
The Coroner asked the DSP. if it occurred to him to let the crowd to reach a flat,'open place Tha enquiry into the Shatin and then address them. Mir. King shooting incident was continued replied that once in the open the
(crowd would be absolutely out ari yesterday.
At the afternoon hearing an control. They would scatter. Indian constable, stationed in Warning Heard By 200 Men. Shumskaipo, stated that on the
the
itwentieth row.
You think your warning must
The Coroner: How far back in morning of the 3rd inst he was, the crowd did you think your with eight Indian constables, pre-warning to shoot would reach?
Mr. King: I can say my waID- venting a crowd of Chinese from passing at the Waterworks. They ling went back at least to held back the crowd by holding their rifles down horizontally have been heard by 500 men?- He was pushed back for three or Not so many. About 200, four feet, but the crowd did not assault him His instructions was at the time of the shooting,
In reply to another quastion by were act to strike the crowd.
the Coroner, Mr. King said that After about fifteen minutes" strug- ling the constables received orders some of the persons who
under fire might not have heard
That
саме
to stand aside and allow the him as the crowd was dense andj
Chinesa to proceed.
Examined by Mr. Shenton, the some of them were behind thei bend of the road. Mr. King added | constable said that several of the that he did all be could to call constables who did not understand the crowd to go back. He had the order continued struggling and
made up his mind not to let them
were pushed back by the crowd pass if he could possibly help.
for 30 or 40 feet.
In reply to the Coroner, witness
said that they were standing in
He had instructions to stop them.
The Ringleaders.
a line across the road. The line In reply to the Coroner, Mr. was broken by the crowd at the King said that if failing in every! beginning of the struggle,
other means he would shoot. He
The Coroner then asked for Mr.had other reasons for shooting. King. Deputy Superintendent of e, to secure the arrest of the mar Police, to be recalled, and as Mr. who escaped and also to save the King had not as yet arrived, he troops from personal injury. The terms. requested Mr. Shenton to open man, whom he arrested was in
his address.
third of fourth row. I was hisl
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Addressing the Coroner and the intention to arrest another män. jury, Mr. Shenten said: "At this The shouts of encouragement off enquiry as I informed you at the these two men took the crowd at cammencement of the proceedings. once and he realised that unless)
could Phone 515.I am instructed to represent the he removed them he
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interests of all Police Officers who hold the mob. One of the men jare concerned in this matter. But was three paces behind the other; He said th I want to say at the outset that and he grabbed him.
it is not my desire or wish to Sub-Inspector Pitt "Here Pit ge: He thought represent any partisan view in hold of this man!"
FRIDAY, MARCH 17, 1929
this enquiry," Proceed.ag. Mr. Sub-Inspector Pitt had not heard Shenton said that the people whom him. At the time of the ring, that the assembly was guilty o he represented were Officers of said Mr. King, they considered releasing a person under the arrest
be in imminent of a police officer. He was goin the Government whose. duty it themselves to was to protect the peace of the danger.
to submit that in all the assembly Colony. In this enquiry which; In reply to Mr. Shenton; the was guilty of no less than ten was held into their conduct he Deputy Superintendent of Police breaches of the laws of the Celess. [would speak as impartially as he said there were only the motor possibly could and leave as far as fire engine pump and an auxiliary
Firing on a Mob. Mr. Shenton warned the jarg he could any questions or argu-tender in Kowloon. At where he that they would not hear very ments which might be of a wholly held up the crowd there was no direct authorities upon the point partisan spirit, This enquiry water. was held into the death of Tam In reply to Mr. Shenton, the as to what justified the police or Tszi-plu and one of the two ques- Coroner said it was agreed that military firing en a mob because. unforiumtely. frem time im tions the jury had to decide was water was available at the reser-
judge before the cause of his death. On this wir and at the ninth mile there memorial, every question he did not think the was a river.
cause
whom it had been brought as far jury would have much difficulty) The Coroner, to Mr. King: Die 33 possible begged the question,
to was you attribute the excited state of It seemed be the general in finding that the
the crowd when you stopped them opinion that no definite principles shock due to the bullet wound.
At this stage Mr. King came to the presence of the ringleaders? could be laid down ander when
Court and Mr. Shenton-Certainly.
a mob might be fired on but each case had to be judged on its own paused.
facts. There was no legal dicta
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Mr, King Recalled.
A Riotous Assembly. Mr. Shenton, continuing his
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KING EDWARD HOTEL,TZIITTEI
The Guests and the Management.
A very pleasant and interesting) ceremusy tank place at the King Edward Hotel on the night of the 12th aten the Minazer, Mr. J. Witchell, was presented by the guests with a gold watch chain and Mr.
Witchell and Mr. Himbottom with a very beautiful row seal each. Mr. M. Manuk nude a very neat and appropriate speech, congratulating
Manager. Mrs Witchell and Higginbottom upon the very drept manter in which food was role for the guests of the Hotel during the recent strike. Mrs. H. Underwood handed over the gifts. in humourous way, Mr. Witchell
Mr. King having got into the address, pointed out that the jury the point and a man who directed not been for the hearty cooperas of a direct and cogent nature acknowledged, saying that bad it' witness-box the Coroner asked:having found the cause of death! When you made your plan on the of the deceased, bad to considere had to take into consideration of the Dairy Farm to in 2nd what alternative had you be the very much more serious ques his own discretion, it being for specially the guests of the hotel, tion all the circumstances and use articular and other rms, and fore you?- formed my plantion as to whether it was due to early on the morning of the 3rd
to manslaughter or justifiable homi- the inquiry afterwards 527 things could not have been so The Coroner said that the plane de. A farther question, and one whether he was justified or act. satisfactorily carried out. was formed on the 2nd 35
Mr. Shenton proceeded to deal | Witch-ll acknowledged her present Mron which they did not require toj King had sent aut troops that stretch their imagination very at great length with the law sojard Mrs. Higginbottom, Musical far, was whether he was taking far as it related to an unlawful selections brought a happy evening Mr. King said he had no alter-part in the assembly. Having assembly and à riotous assembly, to a close.
night.
native in his mind.
satisfied themselves on that, two He quoted from Halsbury to show
was the
What is a Riot
Mrs.
In reply to the Coroner Mr. King vistas opened: Was be an inno- that an unlawful assembly was Officers of Justice were entitled said nine of the troops allotted cent participator or an active a 23sembly of three or more to call upon private individuals to Mr. Burlingham Assistant participator? S far as the law persons with the intent either to assist them in suppressing a Superintendent of Police) were was concerned it did cot matter commit a crime by force or toot and if such person did not transferred to him on the 2nd. whether he was an innocent or carry out any common purpose, obey they were liable to be in-
The Coroner: When did you active participator, because the lawful or unlawful, in such adicted and panished. abtain military aid?-1 obtained results were the same.
If he was manner to give firm and courage- Mr. Shenton remarked that a military aid for that purpose on part of an assembly which turned ous persons in the neighbour-goed many perple appeared to the 2nd inst. Prior to that bebut to be ultimately an illegal hood of such assembly reasonable have the idea that there could not! had military pickets out on duty assembly, even though he was an! grounds to apprehend a breach of be a riot without the Riot Act for two or three weeks. They nnocent participator, he
peace in consequence. In having first been read. He point- were protective pickets sent out nevertheless a co-party of that this case Mr. Shenton said, the ed out that that was not the law. to supplement the Police duty unlawful assembly. One of the He obtained military sid on the main questions the jury had to in such a manner that it became assembly irrespective of whether
people sere proceeding to Canton As assembly could be a riotous- night of the 2nd to prevent a consider was whether this asseπ- necessary for the police to order the Rit Act had been read or crowd from leaving the Colony. bly had committed any ofence)
The Coroner: Why did you against the laws of the Colony. them to be fired upon. There was not. He proceeded to quote au- decide to require military assist Mr. Shenton submitted that the reasonable apprehension of a thorities upon the point which ance? Why not other forces?-assembly had in fact committed breach of the peace.
made it perfectly clear that if knew I had not enough Police to a number of offences. It was, hel
people intended to carry out a cope with the situation. All said, not only an unlawful assem-f Mr. Shenton quoted the follow-common purpose in disregard of available Felice were put to work. My bow a riotous assembly. Hejing definition of a riot from any lawful opposition which they and everyone worked to his atmost did not think that after he had Halsbury: “A riot is a tumul- might find they were guilty ..of capacity.
reviewed the authorities, defini-tuous disturbance of the peace by being members of a riotous 23- Police Strennons Time. tions_and_judicial decisions that three-or-more-persons who assembly.... Mr. King added that he would the faquiry would have any dissemble together without lawful Criminal Conspiracy. say without exaggeration that all culty in coming to the concln-authority with intent mutually to Mr. Shenton was proceeding to the Police had worked 50 per cent sion that this assembly was not assist the another against any deal with the definition of criminal over time.
only an unlawful assembly but a who shall oppose them in the conspiracy, when he was stopped On your information why didn't riotous assembly.
execution of some enterprise of a by the Coroner, who you stop the crowd at the Po Hing Ten Breaches of the Law. private nature and who after that he did not think there was, theatre-I had no advanced in-i Mr. Shenton contended that the wards actually begin or execate any need to argue that point. formation that the crowd would assembly was also guilty of cri- the same in a violent and tur- The evidence had showed clearly assemble there. My information minal aspiracy and intimated bulent manner to the terror of that there was criminal con- was that they would assemble in his intention of quoting later the people. It is immaterial whe- spiracy. Hongkong.
On the question of the duty Did you consider sending troops would firmly establish that fact in itself lawful or unlawful and of the police. in dispers- by rail? Not at 6 o'clock in the in the minds of the jury. Mr. it is sufficient if only one person ing an unlawfat assembly. morning. 1 knew that the first Shenton further submitted that it be in fear." Mr. Shenton re Mr. Shenton read judgments to train in normal thue was 6.45. I was a direct and pre-conceived
marked that Capt. Bloxham in his show that weapons could be used. fonsider the most expeditions way contravention of the laws of the evidence had said that the as- He proceeded to quote at great of getting the men out was the Colony. He also contended that method I had adopted. Mr. King the assembly was guilty of assault sembly was tumultuous and would length the judgment in the Bristol dded that in bla original plan on the police, that it obstructed have become violent unless the riots, remarking that the gist of 'e expected to overtake the crowd the police in the course of their shooting bad taken place. The it was that the earliest possible. y 8 o'clock. The last word he duty, that it disobeyed the lawful fact that Mr. King ordered the steps must be taken to suppress aft in his house when he started orders of the police, that it was saldiers to fire showed that he an unlawful assembly. Mr. Shen- as that he would return between guilty of a breach of the peace feared a violent assault on the ton went on to deal with other and that it completely defled the police. Mr. Shenton quoted for legal points at the conclusion of The Coroner: Did you try to Government of the Colony and ther from Halsbury to show that which the enquiry was adjourned andle the crowd when you did its utmost to hold it up to any private persons may lawfully until this morning, when he will arrived, by any other way except contempt and ridicule. Another appease ricts and may make use continue his address upon the
y command?-1 was not com-contention he proposed making of weapons for that purpose facts,
• and 9.30 am.
authorities which, he thought, ther the enterprise intended was
observed
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