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526
the authorities. Have you any case on all fours with that where
such a gathering was held to be an unlawful assembly. Mr.Shenton. The definition itself practically carries us as fer.
Hia Worship, I am taking the second part of the definition which
was the sub-head en which you rested your case. Let us assume they
intended to meva aut peacefully if they possibly could: lot us
assume that no one en the read apprehended violence from them.
Are they an unlawful assembly merely because the pelics apprehended
violence if they interfered with them?
Mr. Shenton. The real crux of the case is the position of that
assembly immediately befere the firing took place. That the Jury
have to consider is what was the state of that assombly when the
firing took place. They were an unlawful assembly from the vary
begiming because they intended to carry out a common purpose
netwithstanding my opposition they might nost,but I think I should
have some difficulty in satisfying Your Worship that the crowd,
when they started from the Pe Hing theatre actually contemplated an
assault on the pelico. They ultimately came to that conclusion
undoubtedly when they met opposition. My strongest position is
under the second definition "An sogembly .....to carry out any
common purpose,lawful or unlawful,in such a manner as to give fir
and omrageous persons in the neighbourhood reasonable ground to
apprehend a breach of the pesos"
t
His Worship. The were the persons who had that rạn senable ground?
Mr. Shenten. The police.
His Worship, Have you à onge of that kind man where the only
persons who had this syprehension were the police?
Mr. Shenton. The nesrost oase 18 Rex.v Mn Naughton,
Hie
ership. In that case the crewd were volunteering vielenco, In
this onse the orewd volunteered ne vielence. That is the differenco
between the two cases.
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