624. RICHARD GARDINER proceedingsdefend was indicted for wilful and corrupt perjury in his evidence upon the trial of William Tyler < no role > , George Rook < no role > , and Lydia Hardy < no role > , at the last sessions . *

(The indictment was compared with the record.)

JOSEPH GURNEY < no role > sworn.

I took in short hand the evidence of the defendant Gardiner, upon the trial of William Tyler < no role > , George Rooke < no role > , and Lydia Hardy < no role > .

[The short hand writer read the evidence given by the defendant upon that trial, in which the defendant positively swore that Tyler was playing at skittles with him at the Windmill over Black Friars Bridge, on the 25th of May; and went from thence to the Mercer's Arms, in Mercer-street, and was not out of his company from ten in the morning till about ten at night.]

THOMAS PARKER < no role > , Esq; sworn.

I was present at the trial of William Tyler < no role > , George Rook < no role > , and Lydia Hardy < no role > , at the last sessions for a felony. On the 25th of May; they were brought before the sitting justices; I came to the office between five and six, they were then in custody, at about six Mr. Croft came into the office; and we had them brought into our room and examined them; there was no one there to prove the property; we advertised it, and in a few days the person came who had been robbed.

JOSEPH SMITH < no role > sworn.

I was one of the Jury that tried the parties upon whose trial the prisoner came to swear; I likewise saw Rook and Tyler taken into custody; one of my servants told me he saw some suspicious people out of my back window, in a room sorting linens which he thought were stolen; I went up to the window out of which my man saw them, and I saw a scuffle between the constables, and the prisoners when they came to take them; there were three, one got away; the other two were taken; this was about four in the afternoon of Monday the 25th of May; they were in custody between four and five; I cautioned Gardiner upon the trial to be careful in what he swore, but he persisted in it.

*** See No. 478, 479, 480. in the second part of the last sessions.

JOHN MABERLY < no role > sworn.

I was upon the Jury; the prisoner swore exactly as Mr. Gurney has read his evidence. Upon the day that Tyler, Rook, and Lydia Hardy < no role > were taken up; as I was coming home at about five or a little after five I saw a mob in the street, and I was informed that two men were taken up; I went up into Mr. Smith's back lost, and it was then a little after five; and I saw the officers take them away with them to the Rotation office.

DENNIS MAC DONALD < no role > sworn.

I had both Rook and Tyler in custody at about half after four on the 25th of May; I had them in custody till Mr. Parker committed them.

PRISONER's DEFENCE.

I was with him the best part of the day; he left me at the Mercer's Arms.

GUILTY 3 years. N.

Tried by the London Jury before Mr. RECORDER.