[perjury – pillory]  

R. v. Thompson

Court of Criminal Jurisdiction

Dore J.A.., 1 November 1798

Source: Court of Criminal Jurisdiction Minutes of Proceedings, 1798 - 1800, State Records N.S.W, X905[1]

[43] William Thompson was brought to the bar to plead to the following indictment:

On the prosecution of the Court of Vice Admiralty

William Thompson late of Sydney convict stands as charged for that he the said William Thompson on the twenty third day of May in the year of our Lord one thousand seven hundred and ninety eight came in his proper person before William Balmain esq. … of his Majesty's Justices of the Peace in and for the territory aforesaid and then and there did produce and exhibit a certain affidavit in writing of him the said William Thompson and then and there the said William Thompson in due form of law was sworn and did take his … oath on the four Evangelists upon the Holy Gospels of God of the matter in that affidavit contained before said William Balmain (he the said William Balmain then there having sufficient power and authority to administer an oath to the said William Thompson in that on behalf) and the said William Thompson being so sworn not owing the fear of God before his eyes but being moved and seduced by the instigation of the Devil and little regarding the laws of his realm or the penalties in the same contained but his aforesaid oath esteeming as nothing then and there upon his oath aforesaid, falsely wilfully and corruptly did swear and say certain matters and things touching and concerning a mutiny on board certain ship called the Barwell on her passage from the Cape of Good Hope to this territory as by said affidavit relation being thereunto [had wilfully] and at large appear against [44] the peace of our Lord the King and his Crown and Dignity.

Prisoner pleaded not guilty.

The said William Thompson also stands further charged for that he on the twenty third the day of August one thousand seven hundred and ninety eight at Sydney in the County of Cumberland aforesaid before the Court of Vice Admiralty assembled for the purpose of trying certain persons suspected of piracy and other offences in and upon the high seas did falsely maliciously wilfully and corruptly say and swear divers matters and things untrue and thereby commit wilful and corrupt perjury in evil example of all others in the like case offending and against the peace of our Lord the King his Crown and Dignity.

To this second count also prisoner pleaded not guilty.

William Balmain esq., magistrate, being sworn deposeth to the examination of Thompson in writing produced as being the same taken up on oath and subscribed before him on board the Barwell lying in Sydney Cove, Port Jackson on the twenty third day of May 1798 the day stated in the indictment.

Question proposed by the prisoner. Did not Mr Balmain here at the above stated time Captain Cameron the Master of the Barwell threaten to flog some of the persons then examined if they did not deliver up a letter respecting the embezzlement of the ship's stores?

Answer. Yes.

Further question. Did not Mr Balmain tell the prisoner that the deposition he was then giving would be the means of saving his life?

Answer. No. That his disclosing the whole business provided his depositions was true would serve him materially.

To the second count in the indictment the prisoner also pleaded not guilty.

Richard Atkins esq., Registrar of the Court of Vice Admiralty, being sworn deposeth that the evidence given by the prisoner in the proceedings of the said court (and now produced and read) was and is the same sworn to before the said court and which oath was duly administered by the [resident] thereof in the presence of this witness who by virtue of his office attended the said court as Registrar of the proceedings and which evidence and testimony so given by the prisoner varies altogether in substance and effect from the contents of the affidavit he had upon the twenty third day of May sworn to and subscribed before William Balmain esq.

John Williams Lancashire a convict sworn. Question by the prisoner. At the time the depositions were [taken] on board of the Barwell before Mr Balmain on the 23rd of May last, did [she not hear Mr Turnbull] the second mate say that if he [45] (meaning Thompson) did not come down and give his evidence he would run him up the yard arm?

Answer by Lancashire. I heard Mr Campbell say that if Thompson did not come forward and speak the truth, he certainly as his character was so black should burn up the yard arm.

Witness examined by the court. Did he believe that Captain Cameron had the power to turn the prisoner up the yard arm, or that the prisoner was thereby intimidated and influenced to give the evidence above alluded to and contained in the deposition of the twenty third of May last?

Answer. No. Not while the ship was in harbor, and that he believes the said testimony was given voluntarily by the prisoner Thompson.

Prisoner's defence.

Admits that the affidavit sworn before Mr Balmain was untrue, being under the influence of terror. He denies any recollection of charge in the second count of the indictment.

Unanimous opinion and sentence of the court:

That the crime of perjury is established against the prisoner. That the court is inclined to believe that certain threats were made use of which did influence the prisoner in his depositions of the 23rd of May, and through the impulse of terror and fear he swore to circumstances which when that fear was removed his conscience induced him to retract from and to contradict in toto.

Of the charge contained in the second count of the indictment, the court acquit him as no perjury appears, but reverting to charge in the first count at the same time that they make every allowance for the situation the prisoner stood in, they cannot admit of any excuses for a crime so heinous and offensive to God and man and injurious to the interests of society and therefore for the sake of example and to deter all others from committing such atrocious crimes, the court sentence the prisoner to stand for one whole hour in and upon the pillory in the town of Sydney at 12 of the clock at noon until one of Saturday the third day of November instant.

Note

[1] See also in State Records N.S.W.: Court of Criminal Jurisdiction, Indictments, Informations and Related Papers, 1796-1815, 5/1145, p. 15; Court of Criminal Jurisdiction, Miscellaneous Criminal Papers, 1788 to 1816, 5/1152, p. 35.