[perjury – pillory – police, criminal defendants]

R. v. Goodlake

Court of Criminal Jurisdiction

Wylde J.A., 23 December 1822

Source: Sydney Gazette, 27 December 1822

            James Goodlake was indicted for wilful and corrupt perjury. The following are the principle features of this curious case: The prisoner, who was one of the Parramatta police, in company with a brother constable, named Rush, was in Sydney on Monday, the 9^th of this month. They were at the house of one Stewart in the town, where they dined. During the dinner hour a proposal was made by the prisoner, to one Mary Reardon, to go to the house of Caleb Wilson, a tailor and dealer in George-street, and endeavoured to procure a gill of rum, so that the fine of £30 might be obtained. It appeared, from what could be drawn from this woman, while in the witness box, that she had been some way connected in an information of the kind before, upon which occasion the constables, or those to whom she had lent herself, had neglected to treat her as handsomely as she expected; therefore, she was determined now to have satisfaction. She was not backward in accompanying the prisoner and the other constable upon the expedition; but, as soon as an opportunity presented itself; she posted away Wilson; told him to get prepared for the friendly visit; and advised him against giving rum, but to substitute coloured water. Wilson, who had only seen the woman once before, would not have believed the tale, if she had not mentioned the house in which this plan was devised. Several persons being present at the time, Wilson acquainted them with the circumstance, and prepared the water as prescribed by his female counsellor. Every precaution was used by Wilson to demonstrate that it was not run he had prepared for his expected customers. About 8 o'clock in the evening, the prisoner at the bar, and the woman, came to Wilson's leaving Rush outside. The prisoner asked Wilson if he had any commands for Parramatta; and the woman requested him, at the same time, to give her a gill of rum. The half-gallon bottle, in which the water was prepared, was placed on the counter, a gill measure procured, the liquor poured out of one bottle into another, which was supplied by the prisoner, who gave seven-pence half-penny for the supposed gill of rum; and away the prisoner and Mary Reardon went. As soon as they got into the street, the woman was directed to go home, while they went to chief constable Dunn’s. Mary Reardon, Caleb Wilson, and several witnesses proved that it was not rum that was given. In about half-an-hour after the two constables returned to Stewart’s; they told Mary Reardon that all was right. Upon the 11th of the month the prisoner went before the Bench of Magistrates, and instituted a charge against Caleb Wilson for selling spirits without a licence, producing at the same time a bottle with a gill of real rum, which had been given over to Mr Dunn on the evening of the 9th. Of course Wilson was summoned to answer the charge, to which he attended on the 14th, with a host of witnesses. The prisoner then solemnly swore, and subscribed his name to the affidavit, that the gill of rum in the bottle was the actual spirits he had obtained from Wilson. The latter being called on in his defence, amply satisfied Magistrates on the Bench that he had not given the parties rum, but coloured water; and which must have been, on the very evening, substituted for that of rum. The prisoner, who was the complainant, had nothing to urge, but deny the allegation, and the other constable, Rush (his only refuge), was not forthcoming; therefore he, the constable, complainant, and present prisoner at the bar, was fully committed. All the above circumstances were brought home against him; and it was conclusive, upon finding the kind of liquid that was in the bottle, that they then thirsted for revenge as well as money, and changed the water into rum. Nothing could be clearer than the well-planned ingenuity of Wilson to detect, and bring to justice, the parties who were laying a trap into which the prisoner had fallen, unhappily, at the risk of his immortal soul! Twice did this creature appeal to his Maker to witness the veracity of the transaction, which he was conscious was a falsehood; and a last oath was attended with much aggravation. The prisoner was found guilty; and sentenced to stand, in an exposed situation, the two ensuing Saturdays, in the courtyard at Parramatta, with a label upon his breast describing the nature of his crime; and afterwards be transported for 2 years.