CO129-413 - Governor Sir May - 1914 [8-10] — Page 154

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Under those ciroumstances what were the forts to do? 152 However unlikely an attempt to onter the harbour might be to succeed, there was always the po"gibility that in the hope of finding the garrison in a stato of unreadiness, some such at-

At all events, tempt might be made in that desperato hope.

they took no risk, and having given the fullest warning, they wore justified and, I submit, bound to fire at the ship as they did. They might even have been justified in firing Lyddite shell which would have done greater damage both to property and life, But they have shown the greatest forbearanco, and only fired, a plugged shell which caused no serious damage to

the ship.

I think your Worship is bound to come to the conclusion that they acted in an entirely proper manner, and if that be so, the only possible finding your Worship can come to is that this is a base & death by misadventure; at least ao far as concerns

the persons who fired the shots. Homicide by misadventure 13, as your Worship knows, according to East's Pleas of the Crown, Vol. 1, page 221, 'when a man doing a lawful act without any

"istention of bodily harm, and using; proper precaution to pre-

"intention

vent danger, unfortunately happens to kill another person."

That they were doing a lawful act in firing at this ship quite clear, I think, from the fact of the ocrsideration t in repelling as invasion servants of the Crown are entit-

to use any force whether it causes injury to property or

Loss of life or not, which is necessary to repel invaders, and as I pointed out to your Worship, the forte, finding this ship coming on despite all usual warnings and in this extraordinary

way, would not have been justified in taking any risk and as-

swing it was not a ruse under false colours to sink the ship

at the entranos to the harbour