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Page 11-
to oxecute their crime by one force,
or "riot” whichever you wish,
-
call it"unlawful now 551
they have suffered a onnserumeo
if you
יר
a ont omplatod by the common law for their breach of the i fine that Ir. ing understood ic duty and kopt his head and unavoo- essfully tried every other mothod to his hand which oo cure? to hin, of contraling this lawful assembly, you will be led rightly to tho oonclusion that his order to fire was a reasonable and nocеssey order. A Judgment is a composito thing. Another man's judgmont is not likely to satisfy ourselves at all points. The essential thing here is that 'tr., King's judgment a hould satisfy ron substʻntially, taker as a whole. To come to the last question beforo æ, have and that the deceased and his companions were guilty eithor of the offonce of "unlawful assembly" or "riot", and if you fin further that in diuporcing the "unlawful assembly" the order to firo was reasonably givon, and givon es of necessity, then arison Ma question A was the amount of firing doo in excess of the necessities of the coonsion ? • The effective firing dono under comruil wis one volley of three rounds. It was done after affecti vo waming had been giver to from tane twenty rows of tho orod. The shots were fired low so that the wounds ocaring ghould be below the wrist. The volley was preceded by an earnest oxhort:tim
to the crowd and followed by no exhorte tion the exhortati on after the firing being successful in quelling the disturbance.
=
-
I think it would be difficult m these foote molto conolude the t
the firing was dow with great reluctanoo and with modeze lion
and with humanity.
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This concludes the chief part of at hva to
say to you. I must add $ and I do so as a formalit: that I On find that this crowd does not come within the definition of
and "anlawful assembly", but thɛt in the excitement of the roment
it was making a series of attacks each man for hi golf - on the
police officers opposing him, you must find as a fast in order to Justify the coman to re, that one or more of the persons fired upon was in foot making upon the police such an assault as would
occrcion actual bodily harm. I state frankly that I do not expect
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