know
that you will bring in whatever verdict you think right regardless
of all consequences, but I do bring these facts before you as a
reason why you should carefully consider the evidence.

"The charge in this case is the charge of murder, the greatest
crime that can be brought against a man. It is a crime of which a
man cannot be technically guilty. You must have the most convincing
evidence before you, and the clearest proof. It is a crime where
intent must be clearly proved; where intent is essential. A
merchant whose agent enters into a contract may be held responsible
to carry out that contract, but a merchant whose clerk commits a
crime cannot be held responsible for that crime. It would, sir, be
intolerable if a leader of a column should be held responsible for
every act committed by the men under his command. We are glad to
know, sir, that in the history of this war British troops have
behaved in an exemplary manner, but there have been occasions when
they have done things not in accordance with the laws and usages of
war, and it would be unfair to hold a general responsible for such
acts of isolated individuals. On the question of intent and what
constitutes responsibility for a crime, I would refer to _Manual of
Military Law_, pages 112 and 113, paragraph 17:--'If the offence
charged involves some special intent, it must be shown that the
assistant was cognizant of the intention of the person whom he
assisted; thus, on a charge of wounding with intent to murder, it
must be shown that the assistant not only assisted the principal
offender in what he did, but also knew what his intention was,
before the former can be convicted on the full charge.' Then again,
paragraph 18. After referring to persons going out with common
intent it says that a person is not responsible for any offence
'committed by any member of the party, which is unconnected with a
common purpose, unless he personally instigates or assists in its
commission.' And to give an example, sir, of common intent, the
purpose for which a commander and his men go on commando is to kill
and destroy the enemy, not that of killing prisoners and
non-combatants, or prisoners without a trial, and if a subordinate
without orders from his superior commits a crime, that superior
canno