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Decisions of the Superior Courts of New South Wales, 1788-1899

R. v. Faulkner [1839] NSWSupC 33

perjury - military defendants in crime

Supreme Court of New South Wales

Dowling C.J., 15 May 1839

Source: Sydney Herald, 17 May 1839[1] 

Wednesday. -- Before the Chief Justice and a Military Jury.

John Faulkner, a soldier, was indicted for perjury.  The information set forth that, at the Court of Quarter Sessions held at Bathurst, on the 25th February, one Patrick Sheedy was indicted for assaulting Charles Henry Baddely, at Bathurst, on the 11th January, when the prisoner swore that on the occasion referred to, Corporal Sheedy never touched Mr. Baddely's bridle so as to make his horse rear; nor was Mr. Baddely thrown from his horse; nor did Sheedy order him and the other man to handcuff Mr. Baddely -- whereas in truth and fact, &c.

It appeared from the evidence of Mr. Baddely, Superintendent to Mr. Liscombe, that on the 11th of January, he had been to Bathurst to report that his place had been robbed by bushrangers, and was on his return home, when he was overtaken by Corporal Sheedy and Troopers Faulkner and Coolan, of the Mounted Police; Sheedy rode alongside of him and laid hold of the bridle, which caused his horse to shy and throw him; upon getting up, he asked what was the matter, when Sheedy said he had been long looking for him, and ordered the other policemen to handcuff him, which they declined to do, when Sheedy got off his horse and put the handcuff on one hand, saying that would do to disgrace him; they then took him to Bathurst; Sheedy refused to let him ride, and one of the troopers led his horse.  When they got within a quarter of a mile of Bathurst, Sheedy said he would ride on and report the circumstance to the officer, which he did; and the troopers allowed Mr. Baddely to mount his horse.  Upon arrival at the officer's quarters at Bathurst, Mr. Cobban was ill and could not be seen, but the Magistrates were then sitting, and Mr. Baddely went into the Court with the handcuff on and made his complaint to Colonel Morrisset, who issued a warrant for Sheedy, and he was committed to take his trial at the Quarter Sessions.  At the trial, Faulkner was called for the prisoner, and negatived nearly the whole of Mr. Baddely's evidence.  The Jury found Sheedy guilty, and he was sentenced to pay a fine of £20, and be imprisoned for six months; and Faulkner was committed to take his trial for perjury.

Trooper Doolan corroborated the evidence of Mr. Baddely; but gave his testimony in a very prevaricatory and unsatisfactory manner.  Guilty -- To be transported for seven years.



[1] See also Sydney Gazette, 18 May 1839; Australian, 16 May 1839.

Published by the Division of Law, Macquarie University