27th October 1851
Reference Numbert18511027-1943
VerdictGuilty > unknown

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1943. JOSEPH PALMER was indicted for wilful and corrupt perjury.

MR. RYLAND conducted the Prosecution.

CHARLES ALLBERRY . I am clerk to the vestry-clerk of St. Luke's parish. On 2nd Sept. the prisoner was an inmate of St. Luke's workhouse, and I was instructed to take his examination with a view to apply for an order for his removal—I first made this copy (produced), which I took down from his mouth and then read over to him, and he signed it in my presence—I then had another copy made of it which I read over to him, and he signed that—I did not go with him myself to swear it before the Magistrate—this copy has remained in my possession ever since (the examination being read, was headed, "The examination of Joseph Palmer, taken upon oath;" and contained the following statement:—"I am twenty-five years old—I was lawfully married to my present wife, Ann, at St. Thomas Charterhouse, Goswell-street, about two years since—I have lawful issue of such marriage, one child")—some time after Marylebone parish had been served with the notice,

I received information which led me to ask him whether it was true that he had been married—he said it did not matter whether he was or not—I told him it mattered a great deal, and that it had got us into litigation with another parish—he then said, "Well, I am not married."

Prisoner. I was not aware, when I stated that, that I should be required to swear to it. Witness. I positively told him that he would have to be sworn.

PETER DIXON . I am one of the beadles of St. Luke's, Middlesex. On 2nd Sept. I received this paper from Mr. All berry, and in consequence of his directions I took it and the defendant to the Worship-street police-court—Mr. D'Eyncourt, the Magistrate, was sitting, and the prisoner was sworn to this paper—he had previously signed it—I showed him his signature, and asked him whether that was his handwriting—he said yes—I asked him whether the examination had been read over to him—he said it had—I asked him whether the contents of the examination were true, and he said yes—I saw the Magistrate sign the examination, and I left it with the clerk of the Court.

Prisoner. Q. Was I not taken before the Magistrate on the charge of perjury, and discharged? A. Yes; I did not then say that I had not asked you whether the contents were true—you were discharged, because there was no evidence to negative the statement you had made of having been married.

MR. RYLAND. Q. When you got that evidence, he was taken before the Magistrate again? A. Yes; on the next day, and committed—the oath was administered to him by the usher of the court—I saw him sworn.

JOHN MORRIS . I am one of the clerks at Worship-street police-court These documents when sworn are left with me—this was left with me on 2nd Sept.—I put my name on it, and produce it to-day.

ANN TURNER . In Aug. I lived with the defendant in St. Luke's, and at the end of the month I was taken into the workhouse with him—we had lived together as man and wife for two years, and I have one child by him—we were never married.

GEORGE VEALL . I am clerk of the district Church of St. Thomas Charterhouse, Goswell-street. I do not know when the Church was opened, but the first entry of marriage is on 30th March, 1846, and the last is 28th Oct., 1851—I have gone through the book for the whole time, and find no entry of the marriage of Joseph Palmer and Ann Turner—there is no entry of the marriage of Joseph Palmer to anybody.

Prisoner. Q. Do you find my name in the banns-book? A. I have not got it here—I could have examined it if you had stated you wished it.

JOHN HAMLIN . I am one of the clerks to the vestry-clerk of St. Luke's. I know the prisoner as being in the workhouse—I was present when the examination was read over to him, and saw him sign it—the other was then made out and read over to him, and he signed that—he was asked whether it was correct, and he said yes—at the time he signed it he was aware he was going to be sworn to it (the prisoners's statement before the Magistrate was here read, as follows:—"They were not read over to me in the Court.")

The prisoner stated that he was never told, and was not aware, he was going to take an oath to the statement.

GUILTY . Aged 25.— Confined Six Months.

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