:
+
add Judicial Inquiry zngo B.
SIXTH DAY.
The inquiry was resumed at II a.m. on Friday March 17th.
His Worship, to Mr.) Shonten. With reference to the definition of an
525
unlawful assembly, there are two sub-hoads. Yeu rested your caso en
the intent
the second sub-head. De you rely in any way on the first
to commit a orine by open feroa?
-
Ir. Shenton, I was coming to that under another heading. One of
the questions I was going to submit was that the firing was
justified in preventing a violent crime.
His Worship. I am dealing with the intention of the crowd whon it
atartod. 7111 you argue, er de you ask the Jury to find, that this
orowd had the intention to commit a crime by open force.
Mr. Shanten. They intended to carry out this unlawful purpose in
disregard of any opposition they might meet. They were going to
carry it touch through at all costs.
#
His Worship. Therefore it comes under the first sub-head of the
definition an assembly of three or mero persons with intent to
commit a crime by open feroe". Now with regard to the socend sub-
head "with intent to carry out any common purpose,lawful er
unlawful, in such a mamer as to give firm and courageous persons
in the neighbourhood reasonable ground to apprehend a breach of
the peace". You say the assembly comes under that sub-head.
Hr.Shenton. Yes.
·
His Worship.
Mr.Shenton.
he were the persons in the neighbourhood?
The police,
His Tership. Have you a caso where in a perfectly peaceful
neighbourhood the pelice interfered,- a osso where no one was
inspired with fear except the police themselves.?
Mr.Shonton. The omas of Rex v Mollaughton is somewhat on those lines.
His Worship. In that case the crowd had assembled fær a violent
purpeso. It may be argued that this crowd had net assembled far
a violent purpose, They nasembled to walk along the road and the
enly vielenco apprehended was violence oentingant on resistance by