Willis J., 10 May 1838

David Berguin was indicted for wilful and corrupt perjury.

The information alleged that on the 14th day of April last; the defendant went before the Commissioner of the Court of Requests, at Penrith, and being duly sworn, stated on his oath that the signature to a cheque for £3 14s. 3d., which was then in court was not his hand writing, whereas in truth and fact, the said signature was his hand writing.

Mr Frazer. Registrar of the Court of Requests, at Penrith; Mr. Roger Therry the Commissioner held a court on the 14th April; I recollect the plaintiff in the case of Single v. Berguin producing a promissary note; the defendant stated upon oath that the signature David Berguin was not his hand writing; he was particularly cautioned by the Commissioner to be cautious but persisted in his statement; he had been sworn in the usual way; I produce the record of the case, Single v. Berguin, in which the defendant is summoned for a note of hand £3 14s. 7d.

Cross-examined. – The prisoner said it was not his and writing; he did not say if he signed it; he must have been drunk at the time; he denied it in the most unqualified manner.

Mr. Single. – I know the prisoner; I have known him seven or eight years; he was in my employ as a blacksmith; upon settling the account between us there was a balance for which I took the prisoner's note; this is it; the body of the note is in my hand writing; the signature David Berguin is in the prisoner's hand writing; I saw him sign it; I summoned Berguin before the Court of Requests, and after he was sworn he denied his signature; the prisoner denied it in the most unqualified manner; he did not say he must have been drunk.

By a juror. – Six years elapsed without my seeing the prisoner; he engaged with a next door neighbour; I did not see him, but heard he was there, and summoned him; I did not present the note to the prisoner.

John Shaw. – I recollect the prisoner in Mr. Single's employ some years ago; This is my signature as a witness to the note; I have no recollection of signing it; I have no doubt the prisoner signed it, although I do not recollect it.

By a juror. – I cannot tell where I was when I witnessed the note; I believe this to be my hand writing, but I cannot tell where; the prisoner told me he owed something to Mr. Single; this was about six years ago; I have occasionally been in Mr. Single's employ for twenty years.

The prisoner said that if ever he signed the note, he must have been very much intoxicated.

His Honor said that it is not essential that there shall be two witnesses to disprove the actual fact sworn to by a person charged with perjury; it is sufficient if one witness swears distinctly to the fact, and is corroborated in a material point by a second witness.  If, therefore, the Jury believed the evidence of Single and Hall, they would convict the prisoner.

The Jury retired about five minutes, and returned a verdict of Guilty.

In passing sentence upon the prisoner, His Honor observed that he had not tried a case in the Criminal Court in which he was not, morally speaking, convinced that false swearing had been committed.  To be imprisoned in Newcastle Gaol for two years.

Notes