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And if certain alternative courses occurred to you Br. Aing adopted reasonable in view of all those hapneni wat In forming your opinion I must ask you to keep your eyes glued spot rhare the ardor to fire was given. "Ir. King's sole d'ty man to de 1 with the situation before him and in no way to fool himself deuhan
at the in the Colony or es ne timen,
answerable for the public order/i
Te ha furthereé desezibed the
543
Mr. Shenton has draw our attention to the general state of the Colony, to murder here and stabbing there, He has quo tod to us the emorgency legislation and executive mensuras. concertoi setion of these persons in attempting to leave the Colony as calculated defiance of His Majesty the King. I will say at onco, that in my opinion where such statements "Te mudo eR - art of justifi- cation of the use of firearms at a point 7 miles elons the "ripo Road on the morning of the 3rd "arch, they are hero rhetoric and wholly irrelevant. If Mr. King gave the order to fire bocause he felt such a course would be useful in the state of public order throughout the Colony at the tine pleaso mark, I do not say ho di co if he id I would say he was guided by considerations not applic blo to his duty and his action would be, so far, unreasonable, His duty was to restore order where he stood with the least possible employment of the force at his disposal. The emergency in the Bolony was no doubt in the mind of Mr. King when he formed his judgmont, end it was rightly in 10 mind. It was reasonable that he should use his knowledge in estime tive the determination of the crowd before him and the longtha a violence to which they might be prepared to go. It is possible
tat ia 38
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fer as Mr. Shenton intended to take this point, but it good to mo that he wanted to take it further and I think it wine to enter this caution. I would also ask you to note this point, that if t. ing when he gave the order to fire was actuated I do not say he was but if he was, by the idea that it was his duty to fire on this er ovd
in order to atop the ir
progress, such an idea is contrary to law and the reasombleness of his
judgment ill be so far vitiated. It cannot be too strongly insisted
upon that if those persons wor: lovfully fired upon at all, it mo
of law breakers, whatever their behaviour
·
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