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[perjury] R. v. Grose [304] William Grose brought to the bar of the court charged with wilful and corrupt perjury committed by him before William Cox esq., the Rev. Robert Cartwright, and James Mileham esq., justices etc. at Windsor etc. on the 15th January 1813. The prisoner on his arraignment pleaded not guilty whereupon issue was joined. (See information no. 23) William Cox esq. sworn says am of the resident magistrates at Windsor. The Rev. Robert Cartwright and James Mileham are magistrates with me there. On the 15th January last, John Moss was brought before us charged with having stolen a mare the property of the Rev. Mr Marsden. The prisoner William Grose was examined upon that occasion as a witness. He was duly sworn and gave his evidence in my presence and in the presence of the other two magistrates. His evidence is entered in the book now produced which is the regular second book of the magistrates at Windsor, not all examinations are regularly entered by the court and signed by the attending magistrates. [305] The witness referred the court to the proceedings against Moss and the examination or information of the known with said book. The charge and examination of the prisoner are read as follows: Court of Magistrates 15th January 1813 Present William Cox esq., Rev. Robert Cartwright, James Mileham esq. The King v. Moss John Moss, alias Shock, charged with having stolen and sold a mare the property of the Rev. Samuel Marsden etc. William Grose being sworn states he is a free man and resides at Sydney, that about two years since when a government stockman at the Devils Back he called at Moss' in Back Row Parramatta about 12 or 1 o'clock in the day with a pair of shoes for Moss' wife when Mrs Cummings and Moss had made a bargain for a filly foal which he saw at the door a dark brown one. The purchase was £30 currency and £5 property. Counted the £30 currency for Moss and saw some of the property part of which was present and that Mrs Cummings had removed from the Seven Hills at the time she sold the filley, but did not know where to.” Owen Martin sworn says I live at the Seven Hills. I have lived there 17 or 18 years. The late Mrs Cummings lived in my house there for five or six weeks. I think it is pretty nigh two years I cannot exactly say as to the time since she left. She was in a very indifferent state of health and principally confirmed to her bed when at my house. She was very poor. While she was with me she never went further than my yard. Supported her while there and feared that she would die for want of medical assistance. She was taken away in a cart to Sydney by one William Marsden. I got William Marsden to take her away. She had neither mare, filly or foal in my neighbourhood to my knowledge. She never uttered to me. I saw her once or twice in Sydney. She was then bedfast. [306] William Marsden sworn says I removed the late Mrs Cummings in a cart from Owen Martin's house of the Seven Hills to Sydney. It is a long time ago in 1811. I believe it was in the winter. She was in a very poor state of health indeed. I brought her down from the Seven Hills to Sydney in one day. We stopped about an hour or an hour and a quarter at William Hibbard's at Parramatta for her to get a little refreshment. She did not leave the house of William Hibbard until she went onto the cart again. We did not stop anywhere else in Parramatta. I took her to her husband's house in Sydney to the back of the barracks adjoining to Mr Wear's house. To all appearance she was at that time in a state of great distress. John Moss sworn saith it is nearly three years since I lived in the Back Row Parramatta. On the 15th of January, I believe, I was taken before the magistrates of Windsor on a charge of having stolen a mare of Mr Marsden's. I knew the late Mrs Cummings perfectly well. I did not purchase that mare from her. Mrs Cummings had not been at my house within the last two years. She was there two years and a half ago or a little better. I never made any bargain with her for the purchase of a filley foal. I paid £30 to her and got this man to court over the money to her but not for a filley foal. She was going to sell me some sheep and goats for it, but on going to the place where she said they were I did not find so many and I therefore withdrew the money. I never made a bargain for any filley with her, but at the time this took place there was a ragged filley in the garden but that did not belong to her or to me. She has never since that time been at my house. I told this man that I had bought the filley from Mrs Cummings. I asked him if he recollected the filley being at my place and my paying the money to Mrs Cummings he said he recollected it perfectly well and I persuaded him it was only two years ago but in fact it was more. I told the prisoner to say before the magistrates at Windsor that I had bought the fillies from Mrs [307] Cummings. He said he recollected the filley that was in my garden if that was the one and he would say so but he did not recollect the time. I told him it was about two years. This was on the 14th January. I had this conversation with the prisoner. Mary Wear being called upon her subpoena and three times does not appear but makes default herein. The said Mary Wear appears in court as the prisoner is called upon for his defence and is examined by the discretion of the court. Mary Wear sworn says I live in Sydney, in Kent Street. I was very well acquainted with the late Mrs Cummings. I had known her 17 years come the beginning of May. She died in my house on the 29th August 18 months ago. She was 18 weeks all but two days in any house before she died. She never went out of my house but two different times I was with her. She never left Sydney. She was brought in a cart from Owen Martins down to no. 11 Clarence Street. Her husband was there at the same time. The morning following Mrs Cummings told me to go into her and help her on with her clothes. I did so. She was in a very poor state. As soon as I got her gown on I brought her away to my own house. There she remained till her death. She was in the habit of communicating every thing that happened to me, a great thing or a small thing. I was very well acquainted with her circumstances. She was very much distrest in her circumstances when she came to me. She had not any mares, filleys or foals at this time. She had not any for some years back. The last horse or mare that ever she had was called Peggy and was taken from her about six years or between that and seven years back. I never heard that she had sold any filley or foal within the last three years. If she had I think she would have told me. She was living upon charity for the last three or four years. The case for the prosecution was here closed. [308] The prisoner in his defence says I remember two years ago and better, John Moss buying a filley of Mrs Cummings. I went to his house with a pair of shoes for his wife when I saw a dark brown filly standing at the door which I never saw since to the best of my knowledge. When the bargain was made John Moss asked me to read over some money which I read over £30 colonial money. He then laid it on the table before Mrs Cummings. He then gave her £5 property. Part of the property was some print. I then knowing her asked her did she live at the Seven Hills. She told me no but when she was gone she did not tell me. That is all, and after I had taken my oath at the Hawkesbury after John Moss was let out of gaol when he was made an evidence of, I saw him and he told me I should be tried for perjury. I asked him how was it possible I could be fined for perjury. He then said the filley I saw standing at his door he did not buy off Mrs Cummings. Only that I happened to be coming at the time at the … time that the filley was standing at the door and Mrs Cummings and Reeves in the house. He said he had got one to read the money over under a false pretence, for fear any thing should occur, that I was a witness that he bought the filley of Mrs Cummings that is all I have to say. The prisoner does not call any witness. The court having maturely considered and fully understood the evidence adduced in support of the prosecution and what the prisoner had to offer in his defence doth adjudge that the said William Grose is guilty of the wilful and corrupt perjury wherewith he stands charged, and doth further adjudge that the said William Grose for the said offence shall be exposed in the pillory there several times at three several [309] places, namely at Parramatta on the 11th day of this instant March for the space of one hour between the hours of 1 and 3 o'clock, at Windsor on Saturday the 20th instant for the space of one other hour between the hours of 12 and 2 o'clock, and also one other hour at the publick market place at Sydney between the hours of 10 and 12 o'clock on Saturday the 27th instant. And further that the said William Grose be transported to such part of the territory as his Excellency the Governor shall appoint for the space of seven years. Note [1] See also Court of Criminal Jurisdiction, Precepts and Informations, 1788-1824, State Records N.S.W., 5/1144A, p. 191 (no. 23).
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