CO129-474 - Governor Sir Stubbs - 1922 [1-4] — Page 9

539

conclusion we are within the f four corners of the decision in

the Featherstone osae. "Soldiers are entitled to fire en a mob (a) to disperse a rieteus assembly, and (b) to prevent vielent crime".

The soldiers had fired. New cames the consideration "was there an

unrens enable amount of firing"? The rifles were charged with only

sma round and one round was fired by three seldiers and the

shooting was low. One other bullet was fired accidentally but frem

the position of the rifle at the time it is probable that the bullet

went away over the head of the yewd. It is quite obvious that

every precaution was taken te inflict as little injury on that

assembly as oeuld possibly have heen done, I suggest that the firing

of eno rani was the very minimum: ne more than was reasonably

necessary to disperse that assembly. I think it is fair to suggest

to this inquiry "That would you have done had you been in the

position of Mr.King?". It is all very well sitting hero in the quiot

of this Court after all the events have passed,but the question is

"What would a roasanable man have dens?" I ask you "hat would you

have dene? Would you have done what Mr.King dia?” I do not think

there is my doubt that you would have done so. I suggest that

it was a tumulteua nssembly and a rieteua and dangerously violent

assembly at the time the shooting took place. I suggest that the

pelios were bound by law to disperso that assembly and to use all

force reasonably necessary to carry out that object. I suggest te

this inquiry that the police soted with the greatest discretion and

ferboarance, That they acted humanely throughent, I think the

sheeting might quite properly ham been done before, it was done. They

only fired when things had get to a state when nothing else was left

to be done. I think the police soted as they are charged to act in

eirometences such as these. I have some questions which Your

Worship might be prepared to adept and put to the Jury.

The questions were handed to Als "ership who replied: I shall instruct

the Jury that it is their duty to bring in a verdict. It is