NORTHERN CIRCUIT COURT.
CRIMINAL SITTINGS.
(Before His Honor Mr. Acting Chief Justice Barry.)
PERJURY.
Before the following jury:—J. Finney (foreman), W. Crow, W.
Beaver, J. Faulkner, G. Fox, G. Crockett, S. Inkred, T. Fowler,
J. Ellis, R. Guymer, J. Day, J. Davis.
Daniel Urell was placed at the bar, and pleaded not
guilty to an information, charging him with wilful and corrupt
perjury at Bendigo, on the 2nd June last.
MR. P. THOMPSON defended the prisoner.
The particulars of this case were these:—The prisoner, Daniel
Urell, and another man, named McAlister, were constables in the
foot police at Bendigo. On the 31st May last they were taking a
walk, and called at a store belonging to a man named McNamara,
and found Mr. McNamara standing outside the door in the middle
of the street. The prisoner asked him if he had a pair of
corduroy or moleskin trousers for sale, and was answered not,
but he could supply him with a pair of dark ones: without
returning an answer, the prisoner and McAlister went away. Two
days after[,] McAlister was told that McNamara was arrested for
sly-grog-selling, at the instance of Urell (the prisoner).
McAlister asked the prisoner how he could possibly swear that
McNamara sold grog to him on the day they were in company at
McNamara’s, for they had not as much as gone into the store, nor
did he obtain any liquor from him. Prisoner made reply, that if
he (McAlister) came against him he would be "lagged," and
ruined, but he should say he got it at night. McNamara was
convicted for sly-grog-selling, and fined £50, without hearing
the evidence of McAlister at the Bendigo Police Office. Two
other men, named McEnery and McNamara, stated that they were at
the Store the best part of the day in question, and did not see
any liquor sold.
The jury returned a verdict of guilty.
The prisoner was remanded for sentence.
[The following day]:
... the Gaol delivery was gone through, when the following
prisoners were brought up for
SENTENCE:
Daniel Urell found guilty of
perjury, three years’ hard labor on the roads of the colony.
