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WILLIAM WEMUS AND SEVEN OTHERS. 481

In the case here, we will take Montgomery, if you please,
when he was attacked by the stout man with the stick, who
aimed it at his head, with a number of people round him,
erying out, kill them! kill them! had he not a right to kill
the man. If all the party were guilty of the assault made by
the stout man, and all of them had discovered malice in their
hearts, had not Montgomery a right, according to Lord Chief
Justice Holt, to put it out of their power to wreak their
malice upon him. ¥ will not at present, look for any more
authorities in the point of self-defense; you will be able to
judge from these how far the law goes, in justifying or ex-
eusing any person in defense of himself, for taking away the
life of another who threatens him, in life or limb: the next
point is this, That in case of an unlawful assembly, all and
every one of the assembly is guilty of all and every unlawfal
act, committed by eny one of that assembly, in prosecution
of the unlawful design they set out upon.

Tho policy of the law hath framed such strong discourage-
ments, to secure the people against tumults; because when
they once begin, there is danger of their rmnning to such ex-
eeazes, ag will overturn the whole system of government-——
There is the rule from the reverend sage of the law, eo often
quoted before. ‘All present aiding and assisting, are equally
principal with him that gave the stroke, whereof the party
died. For though one gave the stroke, yet in interpretation
of the law, it is the stroke of every person, that was present
aiding and assisting. If divers come with one assent to do
mischief, ag to kill, rob, or beat, and one doth it, they are al?
principals in the felony. If many be present and one only
gives the stroke whereof the party dies, they are all principal,
if they came for that purpose.’’

Now if the party at Dock Square, came with an intention
only to beat the soldiers, and began the affray with them, and
any of them had been accidentally killed it would have been
murder because it was an unlawful design they came upon;
if but one does it they are all considered in the eye of the
law to be guilty if any one gives the mortal stroke, they are

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