The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-07-11
NOVEL POINTS OF THE LAW.

n Gerfnan. The case was brought by
an insurance company under the FOL
lowing statute:
Where a house. shop or building In
any police district mas been injured or
destroyed. or the property therein has
been injured. stolen or destroyed. by any
persons riotously n unanimously as
semDied together. such compensation as
hereinafter mentioned. shall be paid out
OF the police rate OF such district to any
person who has sustained loss by such
injury. stealing or destruction.
W men any person having sustained such
loss as aforesaid has received, by way
oi insurance or otherwise. any sum to
recoup him. In whole or In part. for such
loss the payer OF such sum
snail be entitled to compensation under
This act in respect OF the sum 80 paid in
Ike manner as IL he had sustained the
said loss"
Judge WoodfHll held that where "A
crowd assembled Tor the purpose OF at
lacking the premises Of aliens and the
common object was partially carried
out. there being an insufficient police
force present to prevent II. and the
damage sustained was made good to
the owner OF the premises by insurers"
said insurers were entitled under the
riot act to recover the amount so
paid by way OF indemnity from the re-
ceiver OF police for the district.
The Court also said
Fortunately there In an authority
tF'ields W.. The Receiver OF the Metro
politan Police, 1907, 9 X. b., s53, &c l..
j., 1879 in which the law has been dis
cussed. All I have to consider il
whether the facts OF this case bring IL
within the definition of "A riot as laid
down in that case. The Divisional Court
there. in a considered Judgment. laid
down Ave points IA necessary to consti-
tute a riot. The first was that the num-
Der of persons assembled must be no
less than three. There liz no difficulty
about that point, because here there was
a large number, probably scores. The
second point liz, was there q common
purpose? I have come TO the conclusion
OF the crown are 'oncerned-l mean
those thst TOOK part In uttering threats
against me shop ana IN stone throwing
mat 'here was q common purpose
me common purpose was to attack the
shop carried on by the German' Inc
mira point was, was there an execution
OF inception or the common purpose
'here 'ert"'h'! was Inception OF the
common purpose in the crowd, and there
was partial execution or H. IL ~ true
tneH uld not preak their way INTO
the shop SO as 10 maltreat the inmates
Out 'hey ala attack the shop ana smas
the wlhdows. n rourth point ~ the
one mat gives me difficulty. There must
De an intent on the part OF a number OF
persons TO help one another, by force II
necessary, against any person VINO may
oppose them IN the execution or the COM
mon purpose. or course 1t would be very
dinicuit to get evidence on that point
which would establish II as a fact. l
oe ueIl.eu IRON q JUS, inIerehce rom
an tr,an,ta, 49, ,s na. ~" ,h. -
u" n,e"''on VI .ne Par' u II croWo
w ~ az" ". Wy 'o.'v," nee.ssnis
asa'"s. ."e people. ,na. Is; .Me ro,.e
W. VIZ ppposons ."1.n' an .eu !.
ia '"'.on' ms,.!,us :. I'M VI
s 80" ."o.e"N - "
ouH"s =" y. s'ouIu, ~ uS
the ,,,s, Inference IN be derived 10 ina,
tho crovd vcr. yo,ry IN onnose hv fore,
tho police mud - ,hev corll bny. %,
the he,t.r ~ tho nolica they uo,,Id HAY.
done IL. The police brought sufficient
force and oyercan,e the crowd m,,s,
And 4, as a fac, tba, there was an IN.
tan, IN hs,n zach o,bsr n, force Tn.
nth point was tina, there mus, n. fore,
mr. yiol.nce moi merely used ir lemolisb.
ing hut dispInyed I'm such "A manner I,
alarm al l.ns, on, person of r.asonabl,
frmness and courage There was vic,
lcnce. You must take the whole histor,
Of the case and remember those threat
ening letters. the shouts Of the crowd
Rush the shop and Go for the Ter
man the bombardinent by stones
Goerg could see from the windows that
the only thitH when kept the crowd OF
tina. alN,n usnS tha malice. nat "a N.tN