,transcribed from the #ahag ,hay and    
,turner edition by ,david ,price1 email 
ccx#jgdpglaf4org                        
,picture3 ,public domain book cover     
,,the                                   
,,trial ,,and ,,conviction              
,,of                                    
,,john ,,church1                        
,,the                                   
,preacher                               
,,of ,,the                              
,,surrey ,,tabernacle1 ,,borough ,,road1
                                    ,,at
 ,,the   ,surrey ,assizes1 at ,croydon1 
on ,saturday1 the #afth of ,august1     
#ahag1                             ,,for
 ,,an ,,assault ,,with ,,intent ,,to    
,,commit ,,an                           
,unnatural ,crime4                      
99 99 99 99 99                          
,,taken ,,in ,,short-,,hand1            
,,by ,a ,,barrister4                    
99 99 99 99 99    ,the profits arising  
from this ,publication will be given to 
the ,prosecutor           to assist in  

defraying the expenses of the           
,prosecution4                           
99 99 99 99 99                          
,london3                  ,,printed     
,,and ,,published ,,by ,,hay ,,and      
,,turner4                          #aa1 
,,newcastle ,,street1 ,,strand2         
,,and ,,may ,,be ,,had ,,of ,w4         
,,wright1 ,,marsh-,,gate1 ,,lambeth1    
,,and ,,all                             
,,booksellers ,,in ,,town ,,and         
,,country4                              
#ahag4                                  
,price ,two ,shillings4                 
99 99 99 99 99          ,,to ,,the      
,,public4      ,,in presenting to you   
the following account of the ,trial of  
,,john ,,church1  for an attempt to     
commit one of the foulest crimes        
recognized by the law  of nature1 the   
,publishers have no wish to echo the    
triumphs of a  party--they are actuated 
only with a desire to hold up the       
abominable  wretch to general           
observation1 that innocent youths may   

not unguardedly  become the victims of  
his brutal passion--the occasion calls  
for sorrow  rather than joy2 and the    
,christian ,philanthropist will feel    
more inclined  to shed the silent tear1 
than indulge in exultation1 while he    
peruses  this record of human           
degradation4    ,in some cases1 it      
appears desirable not to suffer trials  
of a criminal  nature to appear in      
print1 particularly when the facts are  
too indecent1  lest the tender feelings 
of any should be injured1 or that       
information  given which had better be  
withheld2 but when the subject of       
conviction is  a creature1 who pretends 
to be the guide of hundreds in the paths
 of our  ,holy ,religion1 and under its 
sacred name1 is not only ruining the    
bodies1  but the souls of many of his   
hearers1 than silence becomes a crime1  
and a  full exposure an imperative duty4
    ,we regret1 that among the followers
 of this wretch are to be found many    
young men1 who not only countenance his 

cause by their presence1 but  advocate  
it with their talents2--that charity1   
which covereth a multitude  of sins1    
leads us to indulge the hope1 that      
hitherto they have acted                
conscientiously and from principle--that
 they have believed their leader  was   
the object of cruel persecution--that he
 suffered for righteousness  sake--and  
under this impression1 we pity rather   
than condemn them2 but can  they be of  
the same opinion now8  ,we request their
 attentive perusal of  the following    
pages2 we beg of them to notice the     
evidence produced for  the prosecution1 
particularly the copy of a letter to    
,mrs4 ,hunter1 the  original of which   
was artfully suppressed1 and the        
admission of ,church  himself1 and then 
say1 whether this conviction does not   
8confirm  ancient reports80  ,let them  
read the contradictory evidence of      
,thomas1  and the observations made     
thereon by the learned ,judge who tried 
the  prisoner2 let those who were       

present remember his agitated appearance
 in  ,court1 and the manner in which he 
unwillingly confirmed the evidence of   
the prosecutor's master1 and then say on
 which side the truth appears  to       
preponderate4  ,if the hearers of       
,church do not wilfully close their     
eyes1 and pervert their judgments1 they 
can have but one opinion1 viz4  that the
 verdict of the jury is the verdict of  
every one who values the  cause of      
religion1 morality1 and virtue4    ,if  
however1 the hearers of this creature   
still continue to frequent this         
8,tabernacle of ,iniquity10 every person
 will naturally believe1 that other     
motives1 and not a desire to be edified 
by the ministrations of their  convicted
 pastor1 actuate them--they will ever be
 looked upon with a  suspicious eye1 and
 their character1 and every thing that  
is dear to them  in this life1 will be  
sacrificed for ever1 in the opinion of  
every good  man4    ,it may be expected 
that something should be said of the    

conduct of those  females who have so   
long patronized this deceiver of their  
souls4  ,how  can they longer listen to 
a wretch who must detest them in his    
heart1  and nothing but his love of gain
 makes him court their friendship8  ,can
  they now1 in the presence of a        
disgusted public1 enter the doors of his
  8den of thieves80--,if they can1      
friends must blush for the inconsistency
  of their conduct3 most sincerely do we
 hope that all who respect their        
reputation will never approach 8the     
,surrey ,tabernacle0 until the present  
occupier and all his associates have    
left the place4    ,much praise is due  
to those who have at last brought ,,john
 ,,church to  justice3 every thing that 
could be done by bribery and persuasion 
were  resorted to by his friends2 but   
they found the ,prosecutor1 in this     
respect1 invulnerable4  ,the youth has  
acted nobly2 and the praises of the     
,public are due to him for his          
resistance to the wishes of that wretch1

  who would have gloried in being the   
murderer of his peace for ever6    ,one 
fact however1 as it reflects            
considerable credit on the              
respectability of the ,defendant and his
 legal friend1 must not be  omitted--the
 person employed to defend the ,prisoner
 was a ,jew ,attorney1  very well known 
to many4  ,he applied to the            
,prosecutor's father several  times1 and
 tendered his services to conduct the   
prosecution1 assuring him  he should not
 expect any pecuniary remuneration for  
his exertions in  bringing such a       
character to justice4  ,he advised the  
,father1 as he was a  poor man1 to      
accept a sum of money1 if it were       
offered1 and compromise  the business3  
this proposal was indignantly rejected1 
and the man treated  as he deserved to  
be--with merited contempt4  ,we regret  
also that a man1  whose duty is the     
apprehension of transgressors against   
our laws1 should  have interfered most  
unjustly to hush up the matter4         

,some1 perhaps1 may think that too much 
severity appears in our  observations   
against the ,prisoner--but1 can this be 
the case8  ,can any man  feel too       
indignant at the conduct of such        
miscreants8--,we cordially agree  with  
the learned ,counsel for the ,prisoner1 
that if a wish would sweep  such        
characters from the creation1 that wish 
would be immediately  expressed by every
 true ,british heart4--,are we too      
severe8  ,remember the  conduct of the  
,almighty1 who sent fire and brimstone  
from ,heaven1 and  consumed the ,,guilty
 ,inhabitants of ,sodom and ,gomorrah1  
lest their  filthy bodies should pollute
 the grave4    ,the friends of the      
,prisoner have publicly supported him in
 his defence by  their ,subscriptions4  
,the ,prosecutor has stood almost alone2
 but1  confident that the liberality of 
the ,public was never appealed to in    
vain--that they will always assist the  
injured poor in bringing their          
oppressors to punishment1 this          

,publication is submitted to them2 and  
they  may rest assured that the profits 
will be devoted towards defraying the   
expenses which have been necessarily    
incurred in bringing this 8,monster  of 
,iniquity0 to ,justice4    #bast        
,august1 #ahag4          ,,the ,,trial1 
c4 c4      ,,the ,,king versus ,,john   
,,church4      ,,the ,indictment        
charged1 8,that the ,defendant1 late of 
the parish of ,st4  ,mary1 ,lambeth1 in 
the county of ,surrey1 on the #bfth day 
of ,september1 in  the fifty-seventh    
year of the reign of ,george the ,third1
 with force and  arms1 at the parish    
aforesaid1 in the county aforesaid1 in  
and upon one  ,adam ,foreman1 in the    
peace of ,god and our said ,lord the    
,king1 then and  there being1 did make  
an assault1 and him1 the said ,adam     
,foreman1 then  and there did beat1     
wound1 and ill treat1 so that his life  
was greatly  despaired of1 with intent1 
that most horrid1 detestable1 and       
sodomitical  crime 7among ,christians   

not to be named7 called ,buggery1 with  
the said  ,adam ,foreman1 against the   
order of nature1 then1 and there        
feloniously1  wickedly1 and devilishly1 
to commit and do1 to the great          
displeasure of  ,almighty ,god1 to the  
great damage of the said ,adam ,foreman1
 and against  the peace40 c4    ,the    
second count charged a common assault4  
,the ,defendant pleaded--,,not ,,guilty4
    ,counsel for the ,prosecution--,mr4 
,,marryatt and ,mr4 ,,borland2          
,solicitor1 ,mr4  ,,harmer4    ,counsel 
for the ,defendant--,mr4 ,,gurney and   
the ,,common ,,serjeant4    ,the ,jury  
being sworn3--,mr4 ,,borland opened the 
indictment1 as follows--    ,may it     
please your ,lordship1 ,gentlemen of the
 ,jury--,the ,defendant1 ,john  ,church1
 stands indicted for a misdemeanour4    
,he has pleaded ,not ,guilty1  and your 
charge is to enquire whether he be      
,guilty or ,not ,guilty4  ,hearken to   
the evidence4    ,mr4 ,,marryatt then   
stated the case on the part of the      

,prosecution1 to the  effect            
following3--    ,may it please your     
,lordship1 ,gentlemen of the ,jury--,i  
am extremely sorry  to have occasion to 
state to you that the offence imputed to
 the  ,defendant 7which my ,learned     
,friend1 ,mr4 ,bolland2 simply opened as
 a  misdemeanour7 is an assault1 with   
the intent to commit an unnatural       
crime2 and ,i am sure1 on an occasion of
 this nature1 it would be  unnecessary  
for me to bespeak your serious attention
 to a charge so  serious in its         
consequences to the ,defendant4  ,the   
,prosecutor in this  case is a youth1   
about eighteen or nineteen years of age1
 the apprentice  of a ,potter at        
,vauxhall1 whose name is ,patrick4  ,he 
had been apprenticed  to him some time1 
and resided in his family4  ,the        
,defendant is a  preacher--not of the   
,established ,church1 but of a          
,dissenting ,chapel1 not  far distant   
from ,vauxhall1 and ,mr4 ,patrick and   
his family had been in the  habit of    

attending that ,chapel and hearing ,mr4 
,church's discourses4  ,their apprentice
 used frequently to accompany them to   
the ,chapel1 and by  that means he      
became perfectly acquainted with the    
person and voice of  the ,defendant1    
,church4  ,he knew him extremely well by
 name and  description4  ,in the month  
of ,september last1 ,mr4 ,church        
complained to  ,mr4 ,patrick that he was
 in ill health1 and attributed that     
circumstance  to the confined situation 
of his apartments near to the ,chapel4  
,being  ill1 ,mr4 ,patrick1 as a matter 
of civility and attention to the        
,preacher  of the ,chapel which he      
frequented1 invited him to come to      
,vauxhall1 where  he had a spare bed1   
much at ,mr4 ,church's service4  ,upon  
this invitation1  ,mr4 ,church came1 and
 he slept there on ,monday1 the #bc;d of
 ,september1 for  the first time4  ,i am
 not quite certain as to the precise    
night he came2  but on the night of the 
#bfth day of ,september1 the transaction

 occurred  which gave rise to the       
present proceeding4  ,mr4 ,patrick had  
left town on  business1 but not before  
,mr4 ,church came in the first instance2
 but  during ,church's stay he departed 
for the country4  ,during the master's  
absence1 it became necessary for        
,foreman1 the apprentice1 to sleep in   
the  house4  ,the only spare bed was    
occupied by ,church1 the ,defendant1 and
  therefore a temporary bed was made up 
for the apprentice4  ,he had a  resting 
place made up for him in one of the     
parlours of the house4  ,it  happened   
that on the evening when this           
transaction took place1 the  ,prosecutor
 had been staying up to attend a kiln   
which was at work on ,mr4  ,patrick's   
premises4    ,mr4 ,,gurney4--,i am told 
one of your witnesses is now in ,court4 
,mr4 ,,marryatt4--,i am not aware of    
that circumstance4  ,if he is1 he must  
certainly go out of ,court4    ,mr4     
,,gurney4--,i am told ,mr4 ,patrick is  
in ,court4    ,mr4 ,,marryatt4--,then ,i

 beg he will go out2 and that all the   
witnesses will  remain outside until    
they are severally called4              
,gentlemen1 ,i was stating to you1 that 
on the night in question1 ,mr4  ,patrick
 went out of town on some business4  ,an
 occasional bed was made up  for the    
apprentice4  ,mr4 ,church occupied the  
only spare bed-room in the  house4  ,the
 apprentice1 ,i believe1 was not in the 
habit of sleeping in  ,mr4 ,patrick's   
family1 except when his master went out 
of town2 for  otherwise there would be  
no occasion to make up a temporary bed  
for him1  if he was in the practice of  
sleeping there4  ,between twelve and one
  o'clock in the morning1 the apprentice
 retired from the burning of the  kiln1 
to take his rest in the bed thus        
assigned him4  ,he got into bed1  and   
went to sleep almost immediately2 and at
 no very great distance of  time1 he was
 awakened by the approach of ,mr4       
,church in his bed-room4  ,mr4  ,church 
was not ignorant where the young man    

slept and the manner in which  he was   
accommodated4  ,the apprentice was      
alarmed1 and certainly had no  doubt of 
what ,mr4 ,church's intention was in    
coming to his bed-chamber4  ,you must   
hear the circumstances from the witness2
 and ,i have very little  doubt that you
 will be satisfied from his evidence1   
and that of the other  witnesses ,i     
shall have to call1 that the intention  
of the defendant was  that imputed to   
him by this indictment4  ,the advances  
and overtures made  to the apprentice in
 the way that he will describe to you1  
must leave  very little doubt in your   
mind of the intention of the person who 
went  into that room4  ,indeed it would 
be very difficult to assign any good    
reason for ,mr4 ,church's coming there4 
,the lad was surprised4  ,he awoke  and 
laid hold of the person by the arm1 and 
called out1 8,who is there80  ,the      
,defendant said1 in a feigned feminine  
voice1 8,don't you know me1  ,adam8     
,i'm your mistress40--,the lad was      

extremely surprised at this2 he  knew   
that it was not his mistresses voice2   
and he knew by having caught  hold of   
the shirt sleeve of the person who      
addressed him1 that it was not  a woman1
 but a man4  ,in consequence of this1 he
 endeavoured to lay hold  of him2 the   
,defendant however retired from the room
 and went up stairs4  ,i told you that  
the lad had a temporary bed made up for 
him in the  parlour2 and upon the       
defendant's retiring from the room1 the 
prosecutor  had a distinct opportunity  
of seeing his person2 for it seems that 
the  door of the parlour was opposite   
the fan-light over the street door1     
through which a light was given by the  
lamp in the street2 and upon the        
,defendant's retiring1 the prosecutor   
had a distinct view of him1 and knew    
him extremely well to be ,mr4 ,church4  
,he hardly knew how to act4  ,he was    
unwilling to alarm his mistress at that 
hour of the night2 not indeed  that it  
was a story fit to be mentioned1 or     

stated to her at any time by  him4  ,he1
 however1 went out of the house to the  
person whom he had left  at the kiln in 
the pottery when he retired to rest4    
,that person's name  is ,west2 and he   
gave him an account of what had passed4 
,west was for  going into the house and 
turning the ,defendant ,church          
immediately out2  but the prosecutor    
said it would occasion an alarm to his  
mistress1 and  he thought it better to  
postpone the business until the morning4
  ,accordingly1 ,mr4 ,church was not    
disturbed for that night2 but in the    
morning some inquiry was made by ,mrs4  
,patrick1 who asked whether the         
prosecutor and the servants had not been
 disturbed in the course of the  night1 
by some persons coming up or down       
stairs8  ,some explanation was  given   
her of the cause of the disturbance1 but
 not to the full extent1 it  being      
thought adviseable not to explain the   
whole to her1 as ,mr4 ,patrick  was     
returning home that night1 when the     

prosecutor determined to detail  the    
whole transaction to his master4  ,the  
prosecutor had given his  mistress some 
account of what had occurred1 but       
withholding from her that  part which he
 thought improper for female ears to    
hear4  ,mr4 ,patrick  however came home 
the next day1 and the prosecutor told   
his story to him2  and on the following 
day several of ,mr4 ,church's friends   
having heard  that the boy had told his 
master what had occurred1 came to ,mr4  
,patrick  to inquire what was the extent
 of the information he had received4    
,mr4  ,patrick communicated to them the 
whole of the information which the boy  
had given1 and said he thought it       
necessary that ,mr4 ,church should      
explain his conduct4  ,by this time the 
thing was generally known and  buzzed   
about4  ,some of the congregation were  
desirous that no proceeding  should be  
instituted against the ,defendant1 as   
the public investigation  of such a     
transaction would be a disgrace to the  

individuals of the  congregation and to 
the cause of religion itself4  ,whilst  
,mr4 ,patrick and  some of his friends1 
who were of the same religious          
persuasion1 were some  days hesitating  
about what course to pursue1 the boy's  
father came to the  knowledge of the    
transaction2 and he without any sort of 
ceremony took  him before a ,magistrate 
and laid the complaint which has given  
rise to  this prosecution against the   
,defendant1 ,mr4 ,church4    ,much      
inquiry has since taken place2 and the  
,defendant has endeavoured to  explain2 
the transaction as well as he could2 and
 he has written various  letters upon   
the subject4  ,those letters are here1  
and they are much at  ,mr4 ,church's    
service if he thinks there is any thing 
contained in them  which will afford him
 any defence2 because ,i do not think it
 right to  withhold any thing which can 
throw light upon such a transaction4    
,amongst other things which ,mr4 ,church
 urged by way of explanation1 in  these 

letters1 was a contradiction of some of 
the particulars stated the  prosecutor4 
,he said1 that there were some matters  
in the statement of  the boy which he   
was able to contradict4  ,this          
declaration of ,mr4 ,church  having come
 to the knowledge of ,mr4 ,patrick1 he  
was induced by the  application which   
was made to him1 on the part of some of 
,mr4 ,church's  congregation1 to make   
some inquiry of ,mr4 ,church upon the   
subject4  ,he  accordingly took occasion
 to have an interview with the          
defendant1 for  the purpose of enabling 
himself1 if he could1 to explain his    
conduct to  the satisfaction of the     
persons who are in the habit of         
attending his  chapel4  ,at that        
interview1 he contradicted some of the  
particularities  stated by the boy1 but 
which are some of the most disgusting   
parts of the  narrative4  ,he1 however1 
admitted1 most distinctly1 that he had  
gone into  the lad's room4    ,now1 when
 you shall have had it proved in        

evidence1 that part of the  conduct     
ascribed to him was admitted by the     
defendant1 ,i should like to  know if he
 really did go into that bed-room1 for  
what possible purpose  could he go there
 in the middle of the night8  ,it will  
appear1 still  further1 that ,church was
 the only male person who slept in the  
house2 for  there was no other          
individual of the male sex to take up   
his abode there  that night4    ,the    
question1 then1 will be1 whether1 upon  
the evidence ,i shall produce1  you can 
have any reasonable doubt of the        
defendant's intention to commit  the    
offence imputed to him by this          
indictment8  ,if you have no doubt of   
the truth of the boy's story--if you    
have no doubt that it was the           
defendant's intention to commit the     
atrocious crime charged upon him by     
this prosecution1 then1 however painful 
your duty may be1 you must not be       
deterred by the enormity and apparent   
impossibility of such a crime  existing 

in society1 from the fair and honest    
discharge of it4  ,there are  two       
questions for you to determine3--,first1
 whether the defendant was  the person  
who entered the prosecutor's room8--and1
 ,secondly1 if he did1  whether the     
atrocious intention1 alleged in the     
indictment can clearly be  inferred from
 his conduct on that occasion8  ,but1   
gentlemen1 if you have  any reasonable  
doubt upon either of these questions1 ,i
 should not1 as  ,counsel for the       
prosecution1 desire you to pronounce a  
verdict of guilty4  ,but1 whatever      
conclusion you may draw from his        
statement1 submitted to  your           
consideration1 ,i trust you will take   
care that your indignation  against the 
offence itself shall not carry you to   
the conclusion of  guilt1 unless the    
evidence ,i shall lay before you        
warrants the conviction  of the         
defendant4        ,adam ,foreman1 the   
first witness was then called and       
examined by ,mr4  ,,bolland4      ,how  

old are you8--,i shall be twenty the    
first day of ,december next4    ,i      
believe you are an apprentice to ,mr4   
,patrick1 the potter1 of                
,vauxhall8--,yes4    ,how long have you 
been with him8--,about five years4      
,do you know the defendant1 ,john       
,church8--,yes1 by sight4    ,how long  
have you known him8--,about two or three
 years4    ,what is he8--,a preacher4   
,have you attended the congregation in  
the ,chapel where he preaches8--,yes4   
,and have you often seen him8--,oh1 yes4
    ,do you sleep generally at your     
masters house1 or at your fathers8--,at 
my  father's generally4    ,are there   
any occasions upon which you do sleep at
 your master's  house8--,yes4    ,when  
is that8--,when he goes out of town4    
,when your master goes out of town1 then
 you sleep at his house8--,yes4         
,where did ,church reside8  ,where did  
he live8--,he lived by his chapel4      
,where is that8--,in ,st4 ,george's     
,fields4  ,it comes out of the          

,borough-road4    ,there he             
lived8--,yes4    ,now1 did he at any    
time come to take up his abode at ,mr4  
,patrick's8--,yes4    ,when was         
that8--,the #beth of ,september1 he came
 to sleep there that night4    ,do you  
know what was the occasion of his       
coming8    ,mr4 ,,gurney4--,that must be
 of his own knowledge4    ,mr4          
,,bolland4--,mr4 ,patrick will tell     
us4--,i believe he came--    ,mr4       
,,gurney4--,you must not tell us1 ,sir1 
unless you know it of your own          
knowledge4    ,however1 he came to sleep
 there8--,yes4    ,did you sleep there  
that night8--,yes4    ,was that the     
first night he came8--,i don't know     
whether he had been there  before4  ,i  
cannot say whether ,i had seen him there
 before4    ,you know that he slept     
there on the #beth of ,september1 and   
that you were  there8--,yes4    ,where  
was your master that night8--,he was out
 of town2 but where1 ,i cannot  say4    
,who slept in the house that            

night8--,mr4 ,church1 my mistress1 the  
children1  and the two maid servants4   
,was there any other man in the house1  
except yourself and ,church8--,no4      
,where was your bed room8--,the front   
parlour on the first floor4    ,that is 
the ground floor8--,it is over the      
kitchen4    ,is that a bed-room in      
common in the house8--,no1 it is not4   
,then how came you to sleep             
there8--,because there was not any other
  bed-room that ,i could sleep in4      
,was a temporary bed therefore put up   
for you there8--,yes4    ,now1 at what  
time did you retire to rest8--,near one 
o'clock4    ,what had kept you up so    
late8--,there was a kiln burning1 and ,i
 was obliged  to sit up to let the man  
into the kiln when he came4    ,was it  
necessary for you to sit up to attend   
that kiln8--,yes2 and to give  the key  
to the man4    ,who was that            
man8--,thomas ,west4    ,and you went to
 bed about one o'clock8--,yes4    ,did  
you go to sleep8--,yes2 directly ,i went

 to bed4    ,after you had been asleep1 
did any thing happen to you8--,yes4     
,state what it was8--,i had not been    
asleep more than half an hour1 before ,i
  was awoke by some one putting his     
hands under the bed clothes1 and laying 
hold of my private parts4    ,in what   
way8--,laid hold of me very tight4      
,did you say any thing1 or did the      
person1 whoever it was1 say any thing   
to you8--,yes4  ,i put my hand out of   
the bed clothes1 and caught hold of     
him1 and asked him who he was8    ,what 
did you say8--,i asked him who he       
was--,i said who are you8    ,and you   
say you laid hold of him8--,yes4    ,by 
what part did you lay hold of him8--,as 
near as ,i can guess it was the  upper  
part of his arm4    ,upon laying hold of
 him1 what observation did you make8    
,what did you  ascertain from laying    
hold of the person8  ,could you tell    
whether it was  a man or a woman8--,i   
laid hold of his arm1 and felt lower    
down1 and found  by the sleeve that he  

had got a man's shirt on4    ,how far   
did you feel lower down8--,i had a hold 
of him by the upper part of  the arm1   
and running my hand down to the wrist1  
,i found he had a man's  shirt on4      
,could you tell whether the wrist was   
buttoned8--,yes4    ,was it             
buttoned8--,it was4    ,could you tell  
at all by the feel of the arm itself1   
whether it was the  arm of a man or a   
woman8--,i knew very well it was a man4 
,could you tell that from the feel of   
the flesh8--,i could not tell that4     
,by ,lord ,,ellenborough4--,you knew it 
was a man--,by what                     
circumstance8--,because  he had got a   
man's shirt on4    ,you knew it was a   
man by the shirt8--,yes4    ,by ,mr4    
,,bolland4--,did the person say any     
thing to you in answer to what you      
said8--,he answered--8,adam1 don't you  
know me8  ,i am your mistress10 in a    
faint voice1 like a woman4    ,and was  
it the voice of your mistress1 ,mrs4    
,patrick8--,oh6 no1 sir6    ,could you  

tell whose voice it was8--,yes2 ,i knew 
the voice directly ,i heard  it4        
,whose voice was it8--,mr4 ,church's4   
,what did you do afterwards1 and what   
did he do8--,he fled from the room      
directly4    ,when you use the word     
fled1 what do you mean by that8--,he    
went out of  the room4    ,the word fled
 indicates more than merely going out of
 the room2 did he  go out in a hurried  
manner8--,he went out in a hurried step4
    ,upon his going out what did you    
do8--,i got out of bed1 and put on my   
small  clothes and shoes1 and went to   
the man up at the kiln4    ,what did you
 do first--when he went out of the      
room--what did you first  do8--,i got   
out of bed1 and put on my small clothes 
and shoes4    ,did you see him go out of
 the room8--,yes4  ,as he opened the    
door ,i saw by  the lamp that it was    
,mr4 ,church1 and he had only his shirt 
on4    ,where is that lamp that enabled 
you to see the person of                
,church8--,outside  of the door4        

,what door do you mean8--,outside of the
 front street door4    ,in the          
street8--,yes2 on the ,terrace4    ,and 
that lamp throws a light through the    
fan-light of the hall door8--,yes4      
,by ,lord ,,ellenborough4--,the lamp is 
at the street door8--,yes1 my ,lord4    
,by ,mr4 ,,bolland4--,is it a gas light 
or a parish light8--,it is a parish     
lamp4    ,it is not one of the new      
lights8--,no4    ,it is not a gas       
light8--,no4    ,by ,lord               
,,ellenborough4--,where were you        
standing at the time8--,i was getting   
up1 my ,lord4    ,by ,mr4               
,,bolland4--,did you go out of your     
room8--,yes1 ,i did4    ,by ,lord       
,,ellenborough4--,you say that when he  
went out of the room1 you saw  it was   
,church1 by the lamp3 what lamp do you  
mean8--,the lamp at the door4    ,what  
door8--,the street door4    ,where were 
you when you saw ,church at that time by
 the light of the  lamp8--,in bed1      
sitting up4  ,i had not then left my    

bed4    ,you must have opened your      
door8--,no1 my ,lord2 ,church did that4 
,by ,mr4 ,,bolland4--,whoever the person
 was1 he left the door open1 and you    
saw him go out through that door2 and   
then you observed that he had a  shirt  
on8--,yes4    ,the shirt or dress of a  
man is much shorter than that of a      
woman1 and  therefore you must have seen
 whether it was a shirt or a shift8--,it
 was  the shirt of a man1 ,i am sure4   
,did you see his face at all8--,no1 ,i  
did not4  ,his back was to me4    ,when 
he was gone1 what did you do8--,i then  
got up and put my small clothes  on1 and
 shoes1 and went into the pottery4      
,what for8--,to get the man to come up  
to the house4    ,did you inform any    
body of what had happened8--,yes2 ,i    
told ,thomas ,west of  it4    ,by ,,lord
 ,,ellenborough4--,he was in the        
pottery8--,yes4    ,by ,mr4             
,,bolland4--,was that the ,thomas ,west 
that was in the pottery before  you went
 to bed8--,yes4                         

,cross-examined by ,mr4 ,,gurney4       
,the person1 whoever it was1 you say    
left the door open behind him8--,no2 he 
opened the door and went out4    ,did he
 shut the door after him8--,yes4    ,is 
that so8--,yes4    ,then1 if he shut the
 door after him1 how did that enable you
 to see any  thing by the light8--,when 
he opened the door ,i saw him4    ,there
 was no light in the room8--,no4    ,the
 light1 as you say1 came from a lamp on 
the ,terrace8--,yes4    ,how far is that
 lamp from the door8--,between five and 
six yards from the  door on the         
,terrace4    ,the ,terrace on which your
 master's house is situated1 is a row of
 houses  raised above the road8--,yes4  
,and the lamp is upon the ,terrace      
opposite the door4--,yes4    ,and about 
five or six yards from the door8--,yes4 
,the light which it given to your       
passage is1 ,i suppose1 through the     
fan-light over the door8--,yes4    ,then
 you mean to say that the light which   
came through that fan-light  into your  

passage enabled you to see who it was1  
before the person had  left the         
room8--,when he opened the door and went
 out ,i saw him4    ,you say that the   
person1 whoever he was1 shut the door   
immediately  afterwards8--,yes2 but ,i  
could see him when he opened the door4  
,did you see the face of the            
person8--,no4    ,how then can you      
pretend to say that you knew who that   
person was8--,i saw  that the person had
 a shirt on4    ,do you mean to say that
 you can distinguish a shirt from a     
shift or a  bed-gown8--,i saw that it   
was a shirt4    ,i should imagine that  
on an occasion of this sort you were a  
little  frightened8--,yes1 ,i was rather
 alarmed4    ,waked out of your sleep in
 this way1 you were of course rather    
alarmed4--,did it not take place all in 
a minute8--,yes1 it was not long  about4
    ,did it not take place almost       
instantaneously8--,i don't know how long
 he  had been there before ,i awoke4    
,from the moment you awoke1 did it not  

take place as fast as  possible8--,yes4 
,now1 you say you went directly to      
,west8--,yes4    ,west and you directly 
came and searched the house for         
thieves8--,yes4  ,we  did not know      
whether any body had got in or not4     
,and went and looked at every chamber   
door in the house8--,yes2 except ,mr4   
,church's and my mistress's4    ,did you
 not look at the door of ,mr4 ,church   
and that of your  mistress8--,yes2 but  
we did not open them4    ,i suppose     
therefore they were both of them        
shut8--,yes4    ,did you find any door  
open8--,no4    ,you looked at all the   
doors in the house and found them all   
shut8--,yes2  the servant's door was on 
the jar4    ,you mean the maid servant's
 door8--,yes4    ,the other doors of the
 house were all shut8--,all the other   
doors were  shut4    ,and after you and 
he searched the house all over1 you went
 to bed and he  went back to the        
pottery8--,no2 he stopped while ,i put  
on the remainder of  my clothes1 and ,i 

went back with him to the pottery1 after
 having locked  the door4    ,you went  
with him to the pottery8--,yes4    ,and 
you say that you told ,west this story  
directly8--,yes1 ,i told him that  ,mr4 
,church came down into my room and      
behaved in a very indecent manner4      
,you told him1 ,i take for granted1 that
 ,church had been there1 and laid  hold 
of your private parts8--,yes4    ,you   
told him that ,mr4 ,church had laid hold
 of your private parts8--,yes4    ,how  
came that to be a reason for you and be 
searching the house for  thieves8--,i   
did not search the house for thieves in 
particular2 but to  search if any body  
was in any of the rooms4    ,but ,i     
asked you before whether you did not    
search the house for thieves2  and you  
answered 8,yes40--,are you right or     
wrong in that8--,i asked you  before    
whether you and he did not search the   
house for thieves1 and you  told me that
 you did8--,we searched the house3 we   
looked all over it1 to  see if there was

 any body in any of the rooms4    ,and  
therefore ,i asked you expressly whether
 you and he did not search the  house   
for thieves8 and did you not say        
expressly that you and he had  searched 
the house for thieves8--,we searched the
 house2 but not for  thieves in         
particular4    ,then you did not think  
of thieves8--,i did not think of        
thieves1 because ,i  knew who it was4   
,you did not go into the maid servant's 
room8--,no1 we looked in4    ,you did   
not go in8--,no2 we found the door open1
 and looked in4    ,they were1 of       
course1 in bed8--,yes2 one was my       
sister4    ,lord ,,ellenborough4--,did  
the two maids sleep in that room8--,yes1
 my ,lord2  one is my sister4    ,mr4   
,,gurney4--,the door being ajar1 you    
pushed it in a little1 and you saw  they
 were abed8--,yes4    ,lord             
,,ellenborough4--,did you speak to      
them8--,no4                             
,re-examined by ,mr4 ,,bollard4    ,you 
say you did not search the house for    

thieves8--,no2 not for thieves4         
,because you knew who the person        
was8--,yes4    ,was the reason of your  
searching the house because you wished  
to be quite  right before you made the  
accusation against ,mr4 ,church8--,yes4 
,and you found that there was no other  
man in the house8--,we found there  was 
no other man in the house but ,mr4      
,church4    ,was there any door or      
window open at which any other man could
 have come  in8--,no4    ,now this light
 from the terrace1 did that strike      
through the fan-light or  window over   
the door8--,yes4    ,does it give a     
pretty fair light to the hall8--,yes2 it
 shews a little  light up the stairs4   
,and at the time the person opened the  
door and went out1 was it at that  time 
you got this view of his person8--,yes4 
,examined by ,lord ,,ellenborough4      
,now1 you say that he came into the     
room--,did you hear him when he first   
came into the room8--,no4    ,you were  
awakened1 as ,i understand you1 by the  

application of his hand to  your        
person8--,yes4    ,was he on the bed1 or
 standing by the side of the bed on the 
floor8--,he  was standing upon the      
floor4    ,when he assumed a feigned    
voice1 and said1 8,i am your mistress10 
and when  you observed it to be a       
feigned voice in which he was speaking1 
did you  not speak to him by name1 and  
say1 8,it is you1 ,mr4 ,church0--7,the  
,witness  seemed to hesitate1 as if he  
had not understood the question7--,have 
you  any difficulty in hearing8--,no1 my
 ,lord4    ,you did not call to him by  
name1 or give him to understand that you
 knew  who he was8--,no4    ,did you see
 any part of his person or any part of  
his face from which you  knew1 in       
addition to the knowledge you derived at
 hearing his voice1 that  it was the    
,defendant1 ,church8--,yes1 ,i did4     
,what part of his person did you see    
that led you to believe it was ,mr4     
,church8--,i saw his back as he went out
 of the room4    ,did it appear to be   

the height of ,mr4 ,church8--,yes4      
,what height is he8--,i cannot say4     
,what had he upon his head3 had he a    
night-cap8--,he had a night-cap4    ,was
 it a man's night-cap8--,i cannot       
exactly say whether it was or no2 ,i    
think it was a handkerchief tied round  
his head4    ,what sort of a            
handkerchief was it2 was it a coloured  
handkerchief8--,i  could not tell that4 
,when you and ,west searched the house  
and examined the different doors1  did  
you go to ,mr4 ,church's door8--,yes2   
but we did not touch it1 nor did we  go 
in4    ,why did you not call to ,mr4    
,church2 and1 as you were with ,west1   
why did  you not require that ,mr4      
,church should appear1 in order that you
 might1  by an immediate view1 ascertain
 whether he was the person who had      
entered  your room1 and acted in the way
 you have described8--,west wanted to go
  into the room and pull him out4       
,then1 when ,west wanted to pull him    
out1 why did you not1 at least1 call  to

 him8--,because ,i was afraid of        
disturbing my mistress2 she would have  
been very much alarmed4    ,had he ever 
any conversation with you1 or did he    
ever make any overture  of this sort to 
you before this time8--,no1 my ,lord4   
,there was nothing particular in his    
manner or in his conduct towards you    
before this time8--,no1 my ,lord4       
,there was nothing particular in his    
manner or conduct towards you before    
this time8--,no4    ,how soon did you   
see him after this to speak to him8--,i 
have not spoken to  him at all since4   
,have you never spoken to him           
since8--,no1 my ,lord4    ,has he not   
attended before a ,magistrate with      
you8--,yes4    ,there you spoke in his  
presence1 but not immediately to        
him8--,i spoke in  his presence1 but not
 to him4    ,upon hearing him at the    
,office before the ,magistrate1 did that
 confirm  the opinion you entertained of
 his being the person who entered your  
room8--,i did not hear him speak before 

the ,magistrate4    ,you did not hear   
him speak before the ,magistrate8--,he  
did not speak at all  before the        
,magistrate4    ,did you give the same  
account before the ,magistrate that you 
have now  done here8--,yes1 my ,lord4   
,you do not know whether it was a       
handkerchief or a night-cap that was    
upon his head8--,i don't know whether it
 was a handkerchief or a night-cap4     
,are there any other circumstances from 
which you could collect that it  was a  
man8--,no1 my ,lord4    ,did the hand   
continue upon your person for any length
 of time1 and for  how long8--,not after
 ,i waked at all4    ,the hand was      
withdrawn then8--,yes4    ,and did the  
person say any thing to you8--,he said  
that he was my mistress4    ,by the     
height of the person you saw1 you could 
ascertain whether it was  or was not the
 height of your mistress1 or any of the 
female part of the  house8--,yes2 ,mr4  
,church was a great deal bigger than any
 body there4    ,what is the size of    

,mr4 ,church8--,i don't think he is     
quite six foot to my  knowledge4    ,is 
he a tall man or a short man8--,he is a 
tallish stout man4    ,was there light  
enough by the lamp that you have spoken 
of to see the  outline of the man so as 
to be able to say that he was a tall    
person8--,yes4    ,what sort of a person
 is ,mrs4 ,patrick8--,she is a very     
little woman4    ,quite a different     
person from the person you saw in the   
room8--,o yes1 my  ,lord1 quite so4     
,the maid1 who slept in the room with   
your sister1 what was her person and    
size8--,she was about at tall as ,i     
am--7,the ,witness was about five feet  
seven7--not quite so tall4    ,you are  
sure it was not her8--,o yes1 my        
,lord4--,the ,witness withdrew4         
,,thomas ,,west was next sworn4         
,examined by ,mr4 ,,marryatt4    ,are   
you workman to ,mr4 ,patrick1 the       
,potter8--,yes4    ,did you1 on the     
morning of the #bfth ,september last    
relieve ,adam ,foreman  at the kiln8--,i

 did4    ,about what time of that       
morning did you relieve him8--,about    
half-past  twelve o'clock4    ,you went 
to the ,pottery to relieve him8--,yes4  
,did he leave you shortly afterwards for
 the purpose of going to bed8--,yes1  he
 did4    ,how long had he left you      
before you saw him again8--,about an    
hour4    ,when you saw him again1 was he
 dressed or only part dressed8--,only   
part4    ,what part of his dress had he 
on8--,he had his small-clothes1 his     
shoes1  and one stocking4    ,when he   
came to you in that condition1 did he   
state to you any thing that  had passed 
since he left you8--,he came to me in a 
very great fright1 and  bid me light my 
candle2 he appeared very much alarmed1  
and bid me light  my candle1 and come   
along with him4    ,where were you to go
 with him8--,up to the house4    ,what  
did he state to you that had            
passed8--,he told me1 as we were going  
along the garden1 that ,mr4 ,church had 
been to him and behaved in a very       

indecent manner4    ,did he explain     
how8--,no1 he did not4    ,did you go   
into the house with him8--,yes2 he      
unlocked the door1 and we  went in4     
,the door of what8--,the back door1     
where we went into the house4    ,the   
outer door8--,yes4    ,the garden       
door8--,yes4    ,when you got to the    
house1 what did you and he do8--,he went
 and put the  remainder of his clothes  
on4    ,well2 what did you and he       
do8--,we went and searched every room in
 the  house1 beginning at the bottom1   
and going on upwards to the top1 except 
my mistress's room and ,mr4 ,church's4  
,did you go into all the other rooms2   
did you open them all8--,we went into   
all the rooms except ,mr4 ,church's and 
,mrs4 ,patrick's4    ,you did not go    
into ,mr4 ,church's room1 or into that  
of your mistress8--,no4    ,did you open
 the doors of those two rooms8--,we did 
not open the door of  either of those   
two rooms4    ,when you came to ,mr4    
,church's door1 did you say any         

thing8--,yes2 ,i said1  8,i'll go and   
pull him out2 shall ,i80  ,the lad said1
 8,no10 for fear of  disturbing his     
mistress4    ,upon that observation of  
the lad's about disturbing his mistress1
 did you  forbear going into the        
room8--,yes1 ,i did4    ,what became of 
,foreman for the rest of the night8--,he
 came along with me  into the ,pottery2 
he came down stairs1 locked the back    
door1 and staid  with me the whole of   
the remainder of the night2 he returned 
with me to  the ,pottery1 and staid 'til
 the morning4    ,now1 for what purpose 
did you search in all the rooms of the  
house8--,to  see if there was any other 
person in the place4    ,did you find   
any window or door open1 at which any   
body could have got  into the           
house8--,no2 ,i saw them all close and  
fastened4                               
,cross-examined by the ,,common         
,,serjeant4    ,when he came to you1 he 
told you that ,mr4 ,church had been     
there2 but did  not explain what he had 

done8--,no4    ,that you are quite sure 
of8--,yes4    ,lord                     
,,ellenborough4--,what words did he     
use8--,he only told me that ,church had 
behaved in a very indecent manner to    
him4    ,,common ,,serjeant4--,you had  
never any intimation that there were    
thieves in  the house8  ,you did not go 
to search for thieves in the            
house8--,when he  told me that ,church  
behaved in a very indecent manner to    
him1 ,i went to  see if there was any   
other person in the place4    ,did he   
not tell you he believed there were     
thieves in the house8--,no4    ,lord    
,,ellenborough4--,i think you are misled
 by what the witness1 ,foreman1  said4  
,it is a mere form of expression4  ,you 
are going upon a wrong  scent4  ,the    
witness did not say1 in terms1 that he  
believed there were  thieves in the     
house4    ,,common ,,serjeant4--,that   
was particularly mentioned by ,foreman  
in his  examination4    ,lord           
,,ellenborough4--,he might have used the

 word thieves2 but it is very           
unimportant4  ,it is giving a           
consequence to a phraze that is in very 
common use1 and means very little4      
,mr4 ,,gurney4--,i put the question to  
him in terms1 whether he did not go to  
search for thieves in the house4    ,mr4
 ,,marryatt4--,he adopted the whole of  
the sentence certainly1 in the  answer  
he gave to the question4    ,mr4        
,,bolland4--,there were two propositions
 in the question1 which was1  whether   
,west and the witness did not go        
directly in search of thieves8  and the 
answer applied to the first part of the 
question--8as to going  together40      
,lord ,,ellenborough4--,it is a very    
common expression1 and no consequence   
ought to be attached to it4    ,mr4     
,,gurney4--,we had heard before that he 
had made use of that phrase1 and        
therefore we were desirous of           
questioning him about it4    ,,common   
,,serjeant4--,you are quite sure he did 
not explain in what way this  man       

behaved to him8--,no4    ,did he say any
 thing like this3--8,that he came to his
 bed-side1 and laid  his hand upon his  
private parts80--,no1 ,sir4    ,this was
 on the night of the #beth of           
,september8--,yes4    ,you1 ,i believe1 
afterwards went before the ,magistrate1 
at the same time  with ,foreman the     
apprentice8--,yes4    ,to ,union        
,hall8--,yes4    ,lord                  
,,ellenborough4--,did he not in the     
course of the morning1 when staying     
with you1 and after you had been to the 
house1 tell you what ,church had  done  
to him1 and that he had laid his hand   
upon his private parts8--,no4    ,never1
 from first to last8--,no4    ,,common  
,,serjeant4--,pray1 at what time was it 
that you went before the  ,magistrate   
with this young man8  ,was it at all    
earlier than the #abth of  ,november    
following8--,i cannot say the day of the
 month4    ,was it not six or seven     
weeks afterwards8--,it was some time    
afterwards4    ,was it not six or seven 

weeks after8--,i believe it was4    ,mr4
 ,,marryatt4--,did the lad then go with 
his father8--,yes4    ,,common          
,,serjeant4--,the lad generally slept at
 home at his father's8--,yes4    ,now1  
how far was his father's off from his   
master's8--,about a quarter of a  mile4 
,did he not sleep at his father's the   
next night8--,the next but one he did4  
,and yet it was not till about six or   
seven weeks after that1 you went to  the
 justice8--,no4    ,lord                
,,ellenborough4--,did you communicate   
with ,mr4 ,patrick upon the subject     
before you went to the ,justice4--,no1  
my ,lord4                 ,mr4 ,patrick 
sworn4  ,examined by ,mr4 ,,bolland4    
,you are a potter at ,vauxhall8--,yes4  
,how long was the boy1 ,foreman1 with   
you8--,ever since ,i have been in the   
pottery business1 between five and six  
years4    ,did he sleep in your         
house8--,only occasionally4    ,upon    
what occasion is it that he does sleep  
in your house8  ,whenever ,i  leave     

town2 and then he has the key of the    
pottery1 there being no other  male in  
the house4    ,were you absent from home
 on the #beth ,september last8--,yes4   
,was the boy on that occasion to sleep  
in your house8--,yes4    ,where had the 
bed been put up for him8--,it was a     
chair-bed in the front  parlour2 a      
temporary bed for a nurse occasionally4 
,do you know the defendant1 ,john       
,church8--,yes4    ,what is he1 and when
 did you become acquainted with         
him8--,he is a ,baptist  preacher2 and  
,i first became acquainted with him when
 ,i came to ,vauxhall4    ,did you      
attend his chapel8--,yes4    ,and you so
 became acquainted with him8--,yes4     
,where was his residence8--,adjoining   
the chapel4    ,now1 in the month of    
,september1 upon any occasion1 and what1
 did he come  to sleep at your house1   
and did you put a bed up for him8--,yes4
    ,on what occasion was it8--,he had  
complained of ill health occasionally2  
and thinking that he was ill1 ,i asked  

him out of friendship to take a bed  at 
my house1 supposing that the air would  
be of service to him4    ,you live near 
the river8--,no2 not very close4    ,you
 say you were out from home on the #beth
 of ,september4  ,when did you          
return8--,on the evening of the #bfth4  
,upon your return1 did the boy1         
,foreman1 make any communication to     
you8--,he  did the next morning when ,i 
saw him4  ,i returned on the evening of 
the  #bfth4    ,by ,lord                
,,ellenborough4--,then it was the day   
but one after1 namely1 the  morning of  
the #bgth that the boy made the         
communication to you8--,yes1 my  ,lord4 
,by ,mr4 ,,bolland4--,did you see       
,foreman on the night of your           
return8--,not to  speak with him4       
,but on the morning of the #bgth he made
 the communication to you8--,yes4       
,respecting this transaction8--,yes1    
respecting this transaction4    ,what   
did you do upon the boy's making that   
communication8--,i told him ,i  was     

extremely sorry for what had happened4  
,you need not tell us what you told him4
  ,did you make it known8--,i had  many 
applications from the ,congregation1 to 
whom ,i made it known4    ,did the      
communication come first from you1 or   
did they apply to you for               
information8--,in consequence of the    
information they had received from      
general report1 they applied to me for  
authentic information4    ,several of   
the ,congregation made those            
applications8--,yes4    ,what request   
was made to you1 and in consequence of  
that request was  there any meeting upon
 the subject8--,yes4    ,mr4            
,,gurney4--,unless ,church was present1 
this cannot be received as  evidence4   
,the ,,common ,,serjeant4--,and even if 
he was present ,i apprehend it cannot be
  received1 unless it is evidence of a  
fact4    ,lord ,,ellenborough4--,it is  
no evidence of a fact2 but in           
consequence of  something said by the   
,congregation respecting this subject1  

the witness  did something4  ,the       
question may be put in that shape4      
,mr4 ,,gurney4--,if my learned ,friend  
goes to that1 ,i have no objection to   
that question4    ,mr4 ,,bolland4--,i   
was going on to put that question1 if ,i
 had not been stopt  by my learned      
,friend4    ,by ,mr4 ,,bolland4--,in    
consequence of applications made to you 
from the  ,congregation1 did you go to  
the ,defendant1 ,church8--,i did4       
,what did you state to ,church2 and when
 did you go to him upon this            
subject8--,i think it was on the #ith of
 ,october4    ,had there not before that
 been a meeting of the ,congregation1 at
 which  you were present8--,no4    ,by  
,lord ,,ellenborough4--,did you take any
 steps between the #bgth of  ,september1
 to see ,church1 and the #ith of        
,october1 upon this subject8--,no1  my  
,lord4    ,that was the first           
communication you had with ,church upon 
this  subject8--,yes4    ,by ,mr4       
,,bolland4--,what did you say to him1 or

 he to you1 upon your going to          
him8--,he took it extremely kind of me  
in calling upon him4  ,i told him he    
might take it as he pleased2 that ,i did
 not come willingly1 but that some  of  
his ,congregation thought that ,i ought 
to see him on the business4    ,by ,lord
 ,,ellenborough4--,did he appear to be  
apprized of the subject before  you     
began8--,i cannot say that1 my ,lord1   
exactly4  ,but ,i believe he was        
apprized from what afterwards occurred4 
,by ,mr4 ,,bolland4--,what passed on    
that occasion between you and him8--,i  
told  him ,i waited upon him1 having    
seen a letter wherein he denied three   
particular points of the boy's          
statement2 and ,i wished to know what   
those  points were4    ,you told him you
 had seen a letter that he had written  
upon the  subject8--,yes4    ,by ,lord  
,,ellenborough4--,you told him you had  
seen a letter upon the  subject1 in     
which he denied three particular points 
of the boy's  statement8--,yes4    ,by  

,mr4 ,,bolland4--,what did he say to    
that8--,he said that he denied having   
hold of the boy1 or the boy having hold 
of him2 or he1 ,church1 saying1  that he
 was the boy's mistress4    ,he denied  
the boy having hold of him1 or that he1 
,church1 having said  that he was the   
boy's mistress8--,yes4    ,did he say   
whether or not he was in the room8--,he 
admitted that fact4    ,but denied the  
laying hold of the boy's private        
parts8--,yes4  ,he denied  the laying   
hold4    ,did he state any reason for   
being in the room8--,not at all4    ,by 
,lord ,,ellenborough4--,when you say    
that he admitted being in the room1     
will you1 as far as you can1 state the  
words3 state what he said8--,he said    
that he denied three particular points1 
two of which ,i have already  named4    
,the other was something that did not   
occur to me to be important1  and which 
,i did not take any notice of1 and      
consequently ,i do not  remember it4  ,i
 told him that of these two points1 that

 ,i have mentioned1  the boy was        
positive1 and ,i had no reason to doubt 
any thing that the boy  had said1 as ,i 
had never known him to tell a lie4  ,he 
said that he was  sorry for it1 because 
that confirmed ancient reports4  ,i told
 him it  did so2 and of course ,i told  
him that now ,i should believe all that 
,i had  heard heretofore2 and ,i wished 
him a good morning4    ,now did you see 
him at any time afterwards8--,not to    
speak to him4    ,by ,lord              
,,ellenborough4--,you have seen him1 but
 not spoken to him since8--,i  have not 
spoken to him since1 my ,lord4    ,by   
,mr4 ,,bolland4--,what letter was it    
that you had seen which you spoke to    
him about8--,a letter dated the #fth of 
,october1 addressed to a ,mrs4 ,hunter1 
,i took an exact copy of it4  ,mr4      
,harmer has it4    ,is that the copy8   
7,a paper put into the witness's hand47 
,mr4 ,,gurney4--,i cannot see how this  
can be evidence1 until they prove the   
original to be destroyed4    ,lord      

,,ellenborough4--,this is only a        
provisional question4    ,by ,mr4       
,,bolland4--,is that the copy8--,yes1 it
 is an exact copy4    ,by ,lord         
,,ellenborough4--,did you read that copy
 of the letter to him8--,no1 my  ,lord1 
,i had not the copy at that time4    ,by
 ,mr4 ,,borland4--,what did you state to
 him respecting the letter8--,i told    
him ,i wished to know what the three    
things were which he could deny1 as     
asserted by the boy8    ,you don't      
recollect the third point8--,no4    ,by 
,lord ,,ellenborough4--,you say it is   
not material8--,no1 my ,lord4    ,by    
,mr4 ,,bolland4--,and you say he        
admitted being in the room1 but denied  
the  laying hold8--,yes4    ,in what    
terms did he admit that he was in the   
room8--,he said1 8,i was in  the room2  
but ,i did not lay hold of the boy40    
,by ,,lord ,,ellenborough4--,did he say 
why he was in the room8--,no1 my ,lord4 
,what did you do with the letter of the 
#fth of ,october8--,i returned it to    

,mrs4 ,hunter4    ,from whom did you get
 it8--,from ,mrs4 ,hunter4    ,and to   
,mrs4 ,hunter you returned it8--,yes4   
,cross-examined by ,mr4 ,,gurney4       
,you mean to say that he said distinctly
 to you that he was in the  room8--,yes4
    ,did you mention to any person after
 you had seen ,mr4 ,church1 that he was 
not implicated in the affair at         
all8--,no4--,that ,i said he was not    
implicated8--,no6  ,i never said any    
such thing4    ,did you give any person 
an account of the conversation you had  
with him1  and accompany that account   
with this observation1 8,he is not at   
all  implicated08--,never4    ,not to   
any person8--,no2 not to any person4    
,did any person go with you to ,mr4     
,church8--,mr4 ,thomas went to the door 
with me4    ,is he a friend of          
your's8--,he is no friend of mine4  ,i  
had only seen him  at the door4  ,it was
 his wife and mine that wished me to    
make the  application to ,mr4 ,church4  
,then ,mr4 ,thomas went with you as far 

as the door1 but did not go in with     
you8--,no4    ,do you recollect having  
any conversation with ,mr4 ,thomas1 in  
which you  told him what had taken place
 between you and ,mr4 ,church8--,i told 
him  briefly what had transpired2 it was
 very short what did transpire4    ,and 
you told ,mr4 ,thomas what had          
transpired at the interview with ,mr4   
,church1 when you came out8--,yes4      
,then did you tell ,mr4 ,thomas that    
,mr4 ,church admitted having been in the
  room8--,i think ,i did2 but ,i am not 
very positive as to that point4  ,i know
  ,i told him that ,mr4 ,church said    
that he did not lay hold of the boy4    
,the question ,i wish to put to you is  
this--whether ,mr4 ,thomas did not ask  
you this question1 8,well1 is there any 
thing against ,mr4 ,church1 or          
not80--and whether you did not answer1  
8,no1 he is not at all  implicated80--,i
 never made any such answer to him4     
,neither that1 nor any thing conveying  
that meaning8--,never4    ,by ,,lord    

,,ellenborough4--,you never did tell    
him1 directly or indirectly1  that there
 was nothing to implicate ,mr4          
,church8--,no1 never4    ,by ,mr4       
,,gurney4--,did you either tell ,mr4    
,thomas1 or any other person that  you  
would prosecute ,mr4 ,church1 because he
 had said disgraceful things of  your   
wife8--,i did2 but not for this crime1  
but for defamation of my wife's         
character4    ,by ,,lord                
,,ellenborough4--,you told ,mr4 ,thomas 
that you intended to prosecute  ,mr4    
,church for defaming your wife's        
character8--,i don't know that ,i ever  
told ,mr4 ,thomas2 but ,i believe ,i    
have said that1 or words to that effect1
  to other persons4    ,by ,mr4         
,,gurney4--,did you not tell ,mr4       
,thomas that you were determined to     
prosecute ,church for having said       
disrespectful things of your wife8--,i  
may  have told him amongst other        
persons4    ,did you not mention that1  
amongst other things1 on that very      

morning that  you had the interview with
 ,mr4 ,church8--,no2 certainly not4     
,some other  time ,i might4    ,by      
,,lord ,,ellenborough4--,was it after   
that morning8--,yes1 my ,lord1 it must  
have been a considerable time after     
that4                                   
,re-examined by ,mr4 ,,bolland4    ,what
 did you inform him that you intended to
 institute a prosecution  against       
,church for8--,for defamation of my     
wife's character4    ,,lord             
,,ellenborough4--,that ,i suppose is    
your case8    ,mr4 ,,marryatt4--,no1 my 
,lord1 ,i am going to call ,mrs4        
,hunter4    ,mrs4 ,,hunter sworn4       
,examined by ,mr4 ,,marryatt4    ,i     
believe you are an attendant amongst the
 congregation1 and a hearer of  ,mr4    
,church8--,yes4    ,did he at any time  
write to you1 early in the month of     
,october last8--,i  received a letter in
 the beginning of the month of ,october1
 but there was  no name to it4    ,there
 was no place of abode given1 or any    

thing except the day of the             
month8--,no4    ,did you know from whom 
it came8--,i cannot tell4    ,did you   
put that letter into the hands of ,mr4  
,patrick8--,i gave it to ,mr4           
,patrick's daughter1 who gave it to her 
father4    ,was that letter returned to 
you again8--,it was2 but ,i took no     
farther  notice of it4    ,was that     
letter returned to you again8--,yes4    
,you had a subpna duces tecum to produce
 it8--,i had but it is impossible  to   
produce it4    ,why is it impossible to 
produce it8--,i will tell you why4      
,after the  letter was returned to me1  
,i took no further notice of it4  ,i put
 it into  a drawer2 but ,i know no more 
than his ,lordship what is become of it2
 ,i  looked for it on the ,thursday     
morning before ,i came1 but ,i could    
find no  scraps of it4  ,i was not able 
to find it4    ,then you were wholly    
unable to find it8--,i was4    ,by ,lord
 ,,ellenborough4--,did you search       
diligently to find it8--,i did1  indeed1

 my ,lord4    ,by ,mr4 ,,marryatt4--,are
 you convinced there was no name to     
it8--,i am4    ,are you acquainted with 
,mr4 ,church's hand writing8--,i have   
seen his  writing1 and ,i have seen it  
written in a different hand3 not always 
alike1 but sometimes very different3 not
 to say exactly two different  hands1   
but such a difference in the same hand  
writing1 that you would  hardly think it
 was the same4  ,i have seen it so      
different1 at times1  that ,i should not
 at all times think it was the same4    
,upon receiving the letter in question1 
whose hand writing did you believe  it  
to be1 and state it to be8    ,mr4      
,,gurney4--,i submit to your ,lordship1 
that this is not a legal question4      
,lord ,,ellenborough4--,it is not       
evidence of the fact3 but it is a proper
  question to refresh her recollection1 
as to whether she did not receive a     
letter which she believed to be the hand
 writing of the defendant4    ,by ,mr4  
,,marryatt4--,whose hand writing did you

 think that letter to be8--,i  rather   
think it was ,mr4 ,church's1 but ,i     
could not be positive1 as there  was no 
name to it4    ,do you now believe that 
letter to be ,mr4 ,church's writing4--,i
 cannot say  whether it was or was not4 
,it is not in my power4    ,by ,lord    
,,ellenborough4--,you are not asked     
whether it was or was not3 but  what    
your belief was then1 and what it is    
now8--,i believed at that time1 ,i  must
 own1 that it was his hand writing1 and 
,i still believe the same4    ,by ,mr4  
,,marryatt4--,did you not then believe  
it to be ,mr4 ,church's hand            
writing8--,i did rather think it was4   
,did you1 or not1 believe it was8--,is  
there any difference between  thinking  
and believing8    ,that is a phrase we  
sometimes use in courts of justice4     
,i could not be positive2 but ,i rather 
think it was his hand writing4    ,when 
you opened it1 did you read it as a     
letter coming from him8--,i was  very   
much struck with the similarity1 for it 

had very much the appearance  of his    
hand writing2 but1 as no name was       
subscribed at the bottom1 ,i  could not 
be certain4  ,it had the appearance of  
his hand writing4    ,is it your belief 
now1 that it was or was not1 his hand   
writing8--,it is  exactly the same as it
 was then4    ,and it is now your belief
 that it was his hand writing8--,i      
cannot say ,i  firmly believe it1       
because it was not signed4    ,you are  
only asked whether you so acted as if it
 was his hand writing8--,i  did not     
communicate it to anybody but ,mr4      
,patrick4    ,did you communicate to    
,mr4 ,patrick that you had received a   
letter from  ,mr4 ,church8--,i did4     
,cross-examined by the ,,common         
,,serjeant4    ,the search which you    
made for this letter was not until last 
,thursday8--,exactly so4    ,for any    
thing you know1 might it not be in your 
house now8--,i have no  reason to       
believe that it is1 for ,i did not leave
 a drawer or place  unsearched4    ,lord

 ,,ellenborough4--,as far as evidence   
can go of the loss of an original       
letter1 to let in the copy1 we have it  
in this case2 for ,i asked her  whether 
she made diligent search after the      
original1 and she says1 she  has made   
diligent search4                  ,mr4  
,patrick examined again by ,mr4         
,,marryatt4    ,were you acquainted in  
,october last with the hand-writing of  
,mr4  ,church8--,yes4    ,you told us   
you made this copy from the letter you  
had from ,mrs4 ,hunter4  ,was the letter
 from which you made this copy1 and     
which you returned to  ,mrs4 ,hunter1 in
 your belief1 the hand-writing of ,mr4  
,church8--,it was4    ,mr4              
,,marryatt4--,now1 my ,lord1 ,i propose 
reading this copy of the letter in      
question4    ,the following letter was  
then read in evidence3--                
8,october #f1 #ahaf4        8,,dear     
,,mrs4 ,,hunter1        8,my heart is   
already too much affected4  ,your letter
 only adds      affliction to my bonds4 

,but ,i forbear4  ,i would have called  
on you      this morning1 but ,i was too
 low in mind to speak to any friend but 
,jesus6  ,there ,i am truly comfortable4
  ,pardon me2 but ,i make no            
remarks on what you have been told4  ,i 
must bear it1 though ,i am able      to 
contradict three things ,i would rather 
not4  ,mr4 and ,mrs4      ,patrick have 
always dealt kindly to me4  ,i am only  
grieved that dear      ,mrs4 ,p4 whom ,i
 really loved1 that she should try to   
injure me in the      estimation of     
those who are real friends to my dear   
children4  ,the      thought affects me4
  ,why hurt my poor family8  ,but ,i am 
too much      depressed to enlarge4  ,i 
shall never forget their kindness4  ,god
 will      reward them1 as he has many  
who have dealt well to me4  ,but he will
      resent cruelty in those who have  
and are still trying to degrade me4     
,mrs4 ,p4 will live to see it4  ,dear   
,mrs4 ,hunter1 ,i am grieved at heart   
,i cannot relieve your mind4  ,i am     

truly sorry to lose you as a            
hearer1 because your soul has been      
blest2 and you know both the      plague
 of the heart and the value of ,jesus4  
,may he be increasingly      present to 
you in his person1 love1 and grace6     
,farewell1 my dear      kind friend6    
,the ,lord ,jesus will reward you for   
your love to me1 and      your kindness 
to mine4  ,god is not unrighteous to    
forget your work of      faith and      
labour of love4  ,with many tears ,i    
write this4  ,may we meet      in glory1
 when no enemy shall distress my mind1  
nor sin nor death      shall part us    
more6  ,i need not remind my dear friend
 that ,i am a      ,child of ,peculiar  
,providence2 and that heart of eternal  
love1      and that arm of invincible   
power has protected me--has called me to
      himself2 and for every act of     
straying1 will correct me with his own  
hand1 but will resent every other hand1 
sooner or later4  ,this you      will   
live to see4        8,adieu1 dear       

friend1 accept the starting tear1       
8,and the best wishes of a heart        
sincere4                                
8,your's1 truly1                        
8,till we shall meet above40    ,mr4    
,,marryatt4--,my ,lord1 that is the case
 on the part of the prosecution4        
,,defence4      ,mr4 ,,gurney then      
addressed the ,jury on the part of the  
defendant1 as  follows3--    ,may it    
please your ,lordship--    ,gentlemen of
 the ,jury--,gentlemen1 ,i must agree   
with my ,learned ,friend1 in  entreating
 you to bestow your most serious        
attention upon this case1 and  in       
requesting you to consider 7which1      
indeed1 my ,learned ,friend fairly      
confessed you ought to bear in mind71   
that as the charge is heavy the  proof  
ought to be clear2 and that you will    
take care that your  indignation against
 the crime shall have no influence upon 
your judgment  respecting the person    
accused4  ,that is a duty1 ,gentlemen1  
which is one  of the most important1 for

 a ,juryman to attend to in this species
 of  case1 but it in one of most        
difficult performance2 for such is1 and 
such  ,i trust ever will be1 the feeling
 of abhorrence which ,englishmen        
entertain against this detestable crime1
 that it is extremely difficult  indeed1
 when a person is accused of it1 to     
consider the case which in  laid before 
us1 in that dispassionate and           
unprejudiced manner1 which is  essential
 to the administration of justice4  ,we 
all wish that no such  occurrences could
 exist2 and if a wish could blot them   
out of existence1  we should be almost  
tempted to form that wish3 but1         
,gentlemen1 when these  cases do come   
before us1 they claim our very serious  
attention2 and more  particularly on    
this account1 that it is a charge which1
 whenever made  upon an individual1     
depends almost always upon the testimony
 of one  witness1 and where there is but
 one witness to make the accusation1--,i
  mean one witness to the fact charged1 

so that the person accused can have  no 
witness in his defence2--that1 however  
innocent a man may be who is  accused of
 this crime1 provided the party is in a 
situation in which he  cannot shew that 
he was fifty miles off at the time1 it  
is quite  impossible for him to have a  
witness to negative the fact4  ,it must 
stand  or fall upon the testimony of the
 principal witness1 whose testimony1    
however1 ,i need not tell you1 is to be 
watched most scrupulously1 and to  be   
compared with the evidence of other     
witnesses2 and if found  inconsistent   
with the testimony of other witnesses1  
it is hardly then to  be carried to the 
extent of full credence and of          
conviction4    ,now1 ,gentlemen1 the    
story which this young man has told you1
 is1 upon his  statement1 a very        
extraordinary one1 of the attack made   
upon him4  ,were  any attack made upon  
him by ,mr4 ,church1 it would indeed be 
most  extraordinary under the           
circumstances which he has stated4  ,he 

represents  himself to have been        
previously acquainted with him--that he 
had been one  of his hearers--and yet   
from the hour of that acquaintance      
commencing1 to  the moment of this      
supposed abominable attack1 that ,mr4   
,church had never1  either by word or   
gesture1 made any indecent overture to  
him of any kind1  signifying his        
intention1 or had done any thing        
whatever to ascertain if  he1 the       
prosecutor1 was ready to gratify any    
brutal of unnatural passion  he might   
form4  ,now1 it is a very extraordinary 
thing1 that it should be  supposed1 that
 a person should get out of his own bed1
 and go to the bed  of another1 and     
commence the attack with the indecencies
 described by the  witness1 without any 
preparation of any kind whatever1       
without having any  reason to believe1  
that the object of his attack would     
accede to his  base1 and unnatural      
purposes1 with the full knowledge1 7one 
should  think17 that he was encountering

 certain detection and punishment1 by   
the  resistance that every man would be 
likely to make1 to such an abominable   
attack2 and it is1 to be sure1 most     
extraordinary to observe in what  manner
 this is done4  ,the young man states   
that he did not see the face  of the    
person--that he felt the arm1 and found 
that it was a shirt sleeve2  but he did 
not feel any part of the flesh1 so as to
 make any distinction  between male und 
female2 but he concludes that it was the
 shirt of a man1  because the arm was   
covered down to the wrist4  ,and when my
 ,learned  ,friend1 ,mr4 ,marryatt1     
supposed that females are not covered   
down below  the elbow1 ,i have only to  
say1 that ,i certainly always thought   
that  females in their night clothes    
were covered down to their wrists4  ,i  
ever  understood that was the case2 and 
therefore a person awakened out of      
sleep1 in the fright that such a        
circumstance was likely to produce1 and 
finding the arm of the person making the

 attack covered down to the  wrist1     
would not1 ,i think1 be very well able  
to say whether it was the  sleeve of a  
shirt or that of a woman's bed-gown2 and
 that is all the  means of knowledge    
which the witness has1 as far as regards
 feeling the  person4    ,now ,i go on  
to the next evidence of identity4  ,the 
next is the voice of  the person who1 he
 tells us1 said in a feigned female     
voice1 8,don't you  know me1 ,adam8  ,i 
am your mistress40  ,now1 recollect1    
,gentlemen1 the  voice1 it is thought1  
is a female voice2 and whether it be    
feigned or  not1 depends upon his       
judgment and capacity of forming an     
opinion at a  moment when he was in the 
greatest alarm and agitation2 because if
 it was  a female voice1 then the voice 
was not feigned1 and it could not be    
,mr4  ,church who was in the room4      
,now1 ,i don't mean to suggest 7far be  
it from  me7 that it was ,mrs4 ,patrick2
 but it is rather extraordinary and     
somewhat  remarkable1 considering the   

industry and the acrimony with which    
this  case has been got up against ,mr4 
,church1 that they should not have      
produced ,mrs4 ,patrick as a witness1   
and that they should think it right  to 
withhold from your observation the other
 maid servant1 who slept with  ,adam    
,foreman's sister4  ,i think it is      
rather remarkable1 that considering  the
 industry with which ,i know this case  
was got up1 they have not  thought fit  
to produce that other female before you 
as a witness in order  to say1 8,i was  
not out of my bed room that night1 and  
,i did not go into  the apprentices bed 
room40  ,now1 ,i think1 that considering
 that the  ,prosecutors must have been  
aware of the powerful effect of such    
evidence1  it is most surprising that   
they did not call forward the other     
persons in  the house that night as     
witnesses1 for the purpose of shewing1  
by their  testimony1 that they remained 
in their beds during the whole of that  
night1 and for the purpose of giving    

some colour of probability to this  very
 extraordinary and incredible story4    
,but1 no1 ,gentlemen1 they choose  to   
leave the case to the testimony of a    
frightened young man1 wakened out  of   
his sound sleep1 and who1 without seeing
 the face of ,mr4 ,church1  ventures to 
swear that the feigned female voice     
which he heard was that  of the         
,defendant4  ,i think1 ,gentlemen1 in a 
case in which every thing  depends1 not 
so much upon his veracity1 but upon the 
accuracy of his  judgment in the course 
of his observation upon circumstances1  
with  respect to which he was very      
little likely to draw any very accurate 
conclusions1 that that servant ought to 
have been produced here1 the more       
especially when the young man from the  
,pottery1 going afterwards through  the 
house for the purpose of seeing who was 
there1 did find the female  servant's   
door ajar2 a circumstance not observable
 with respect to any  other room in the 
house4    ,now1 ,i come to the next     

observation of identity2 and ,i do think
 it is a  most extraordinary one4       
,there is a lamp1 it seems1 in the      
footpath of  the terrace1 five or six   
yards from the door4  ,my ,learned      
,friend1 ,mr4  ,bolland1 inquired what  
sort of a lamp it was--whether it was a 
parish  lamp1 or a gas light8  ,and he  
found by the answer1 that it was the    
worst  kind of lamp in the              
,metropolis--a parish lamp4  ,well1     
then1 there is a  dull parish lamp1 five
 or six yards from the door1 which gives
 a light  through a large window--,no1  
through a fan-light6 and the person1    
whoever  it is1 opens the door to go    
out1 and1 as the door is opened the ,lad
 sees  that the person has a shirt on4  
,now1 ,i beg to ask you1 as men of sense
  and of experience in the world1       
whether it was possible for him to see  
whether that garment was a shirt1 a     
shift1 or a bed-gown--was it possible8  
,recollect1 the light is not in the     
room--there is some light in the        

passage4  ,the back of the person is    
towards him2 and he is to tell you  that
 it is ,mr4 ,church1 although he only   
saw his back6  ,but then the next       
observation after the shirt1 is as to   
the height of the person4  ,why1        
,gentlemen1 nothing magnifies more than 
fright3 nothing6  ,we1 all of us1  have 
often heard the descriptions of persons 
in great fright4  ,they  always magnify 
the objects they see4  ,if a person is  
robbed1 the thief is  a monstrous tall  
man6  ,why1 ,gentlemen1 fright does     
magnify every  object2 and1 therefore1  
we must make allowances for the         
situation in  which this young man was  
placed at the time4  ,he is disturbed in
 his  sleep--the thing happens in a     
moment--and he sits up in his bed in a  
great  fright--and he tells you it is   
,mr4 ,church1 because of the height of  
the  person he saw4  ,now if you can say
 that a person in that station is       
capable of distinguishing between a tall
 and a short person1 ,i think it  is a  

great deal too much in a case of this   
sort4  ,but what has the person  on his 
head8  ,my ,lord ,ellenborough asked the
 question1 whether it was a  man's or   
woman's night-cap8 and he says1 8,i     
cannot tell whether it was a  night-cap 
or a handkerchief40  ,and upon being    
asked the colour1 he says1  8,i cannot  
tell40  ,and there does not seem to be  
light enough to  distinguish whether it 
was white or coloured4  ,from this      
circumstance1  therefore1 ,gentlemen1   
you will judge what sort of light there 
was to  distinguish objects4    ,now1   
,gentlemen1 we come to the confirmation 
of this extraordinary story1            
particularly by ,mr4 ,patrick4  ,it is  
quite clear that ,mr4 ,patrick has      
conceived some great anger against ,mr4 
,church1 on account of supposed  slander
 of the character of his wife4  ,mr4    
,patrick himself is quite  satisfied    
that his wife is not guilty1 any more   
than the maid servant4  ,but ,mr4       
,patrick is angry1 because he says1 that

 ,mr4 ,church has slandered  the        
character of his wife4  ,why then1 ,mr4 
,patrick goes to ,mr4 ,church1 and  he  
has some conversation with him4  ,he    
tells him that he has seen some  letter1
 but he does not mention what letter--he
 has seen some letter in  which he1 ,mr4
 ,church1 has said that he could deny   
three points in the  boy's story3 and he
 puts questions to him1 and he states to
 you1 that ,mr4  ,church having         
distinctly denied the indecent attack   
upon the boy1 yet  that he nevertheless 
admitted that he was in the room4  ,now1
 ,gentlemen1  upon that subject ,i must 
necessarily give you some evidence1 as  
well as  upon another part of this case2
 for ,i understand that ,mr4 ,patrick   
distinctly stated to ,mr4 ,thomas1 who  
accompanied him as far as the house  of 
,mr4 ,church1 and whom he joined        
directly after he came out1 that ,mr4   
,church was not at all implicated2 for  
on that occasion ,mr4 ,thomas said to   
him1 8,well1 is there any thing against 

,mr4 ,church80  ,upon which ,mr4        
,patrick answered 8,no3 ,mr4 ,church is 
not all implicated40  ,mr4 ,patrick has 
denied it4  ,i am told that ,mr4 ,thomas
 will positively state that to have     
occurred4  ,i am told so4  ,then1       
,gentlemen1 if ,mr4 ,patrick be         
contradicted  in that most material     
circumstance--if you discredit him upon 
that part of  the case1 how can you give
 him credit in that part upon which my  
leaded  friend fastened1 as the         
confirmation of the story of the        
boy--8that he  admitted to ,mr4         
,patrick1 that he had been in the boy's 
room40  ,but the  contradiction will not
 end there1 ,gentlemen4  ,you have      
already one very  important             
contradiction in the case2 for the boy  
went directly to the  ,pottery1 and he  
made a communication to ,west2 and ,i   
asked him distinctly1  and more than    
once1 whether he stated to ,mr4 ,west   
that the person who  attacked him in the
 manner he had described1 had his hand  

upon his  private parts8 and he said    
that he had distinctly told ,mr4 ,west1 
that ,mr4  ,church had laid his hand on 
his private parts3 but1 when ,west came 
to be  examined1 he told us that the boy
 did tell him that ,mr4 ,church had     
behaved in a very indecent manner to    
him3 but that he never1 before the      
search was made1 nor in the course of   
the night1 nor from first to last1  said
 a word to him about that circumstance4 
,now1 ,gentlemen1 that is a very strong 
contradiction of the story told you     
to-day by this man2 and if that induces 
you to disbelieve him1 or to  doubt     
respecting his evidence1 it will be     
impossible for you to find the          
,defendant guilty of this charge4       
,gentlemen1 ,i asked the boy at first1  
whether1 instead of going to search  in 
request of ,mr4 ,church1 he and the     
potter1 ,west1 had not gone to search   
for thieves8 and he answered me1 8,yes40
  ,but afterwards1 he gave us some      
explanation1 and said1 8that he did not 

search the house particularly for       
thieves1 but made a search to find if   
any body was about40  ,now1  ,gentlemen1
 upon this subject ,i am also enabled to
 give you some evidence1  because ,i    
understand that both the boy and ,west  
distinctly stated1 when  they were      
before the ,magistrate1 that they did go
 and search the house  for thieves1 and 
that they made no other search but for  
thieves4  ,now1 if  there was any search
 made for thieves--if there was any     
notion in the mind  of this boy that    
thieves were in the house1 it would be  
quite impossible  that he could be      
correct in the story he has told you    
to-day4  ,and  whether he has not       
magnified the thing--whether something  
which he has  supposed to have happened 
between sleeping and awake that never   
happened--whether he has not been giving
 you a connected account now of  what he
 had a confused notion then--is for your
 consideration4    ,but there is another
 circumstance respecting the case which 

is very  important4  ,the transaction1  
if it ever did take place1 took place in
 the  night of the #beth of ,september4 
,on the #ith of ,october1 and not until 
the  ninth of ,october1 does ,mr4       
,patrick go to ,mr4 ,church4  ,there is 
a lapse of  a fortnight4  ,the witness  
whom ,i shall call to you will state1   
that after  coming out from ,mr4        
,church's1 ,mr4 ,patrick expressed      
himself satisfied  that ,mr4 ,church was
 not implicated4  ,now let us try that  
by the conduct  of ,mr4 ,patrick and of 
this boy4  ,this is the #ith of         
,october1 and until  the #abth of       
,november no charge before a ,magistrate
 is made4  ,i beg to ask  you whether   
the conduct of ,mr4 ,patrick1 in        
forbearing to make any charge  before a 
,magistrate until the #abth of          
,november1 is not the strongest         
evidence that what my witness will state
 to you is true8  ,that he was  then    
satisfied that ,mr4 ,church was not     
implicated in this abominable1  odious1 

and unnatural transaction4  ,gentlemen1 
such charges ought never  to be slept   
upon4  ,no1 not for an hour4  ,if there 
be such a charge as  that1 and if it be 
really true that such things have taken 
place1 no man  ought to rest on it for a
 single hour4--,the charge ought to be  
made  directly4  ,but1 what excuse is   
urged for this delay8  8,oh10 says my   
learned friend1 8,at last the           
transaction reached the ears of the     
apprentice's father40  ,why1 you wont   
suppose that the apprentice's father    
had just returned from an ,east-,india  
,voyage1 and that the transaction       
coming to his ears on the #aath of      
,november1 he brought forward the       
charge4  ,gentlemen1 there is no        
pretence for such an excuse4  ,the boy  
slept at his father's4  ,he did not     
sleep at his master's4  ,did he return  
to his father's house8  ,his father     
lived within a quarter of a mile of     
,mr4 ,patrick1 and he was in daily      
intercourse with his father1 and had    

abundant opportunities of conferring    
with him upon the subject2 and yet1  for
 six weeks1 no steps whatever are taken 
to bring ,mr4 ,church before a          
,magistrate4  ,my learned friend then   
told you that the father was the  person
 who made the charge3 but he has not    
called the father4  ,the only  person   
who appears here as the prosecutor is   
,mr4 ,patrick1 and not the  father2 and 
they have not ventured to call the      
father as a witness2 and  there is no   
pretence made for the delay of this     
charge1 unless it was  that at this     
interview with ,mr4 ,church1 the        
prosecutor1 ,mr4 ,patrick1 was          
satisfied1 as ,i am told he expressed   
himself to be to the person who         
accompanied him1 and waited at the door 
till he came out1 that there was  no    
ground for implicating the ,defendant in
 this charge3 and1 ,gentlemen1 ,i  say  
that his sleeping on the charge for     
upwards of a month after that  interview
 with ,mr4 ,church1 is the strongest    

evidence that at that time he  was      
satisfied of his innocence1 and that    
this charge is brought forward  on      
account of some anger1 or some supposed 
declaration respecting ,mr4  ,patrick's 
wife1 which would make him extremely    
angry4  ,if you find1  ,gentlemen1 that 
there were no other motives than this to
 induce a charge  of this kind1 ,i have 
no doubt you will immediately acquit the
 ,defendant4    ,gentlemen1 ,i have no  
further observations to make4  ,the     
charge is most  odious4  ,the crime is  
most odious2 and if it can be more      
attrocious in  one person than another1 
it is in a person who is a public       
teacher of  religion4  ,if such a       
person1 in defiance of every law human  
and divine4  ,in contravention of those 
,sacred ,scriptures1 which it is his    
duty to read  and expound1 and having   
read and expounded them he can be found 
so far to  forget every law of human    
nature and every principle of virtue1 by
 the  commission of this crime1 he must 

be the most monstrous and attrocious of 
the human race1 and no punishment can be
 adequate to his offences4  ,but  the   
punishment which must await him1 would  
be infinitely worse than  standing in   
the ,court below to receive sentence for
 the completion of  this attrocious     
crime2 because ,i think that compared   
with instant death  for the consummation
 of the crime1 the being doomed to live 
the object of  scorn1 of hatred1 and    
abhorrence by every human being1 must be
 a  punishment infinitely worse4        
,gentlemen1 that is not too great for   
such  monsters3 but before you find the 
,defendant to be such1 be satisfied by  
the whole of the evidence of his guilt4 
,compare the evidence on one side  and  
on the other2 and if it raises a doubt  
in your mind1 the ,defendant is         
entitled to the benefit of that doubt1  
and you will find him not guilty4       
,mr4 ,john ,thomas was the first witness
 called for the ,defendant1 and  being  
sworn1 was examined by the ,,common     

,,serjeant4    ,is your name ,john      
,thomas8--,yes4    ,where do you        
live8--,in ,prospect-place1             
,west's-square1 ,st4 ,george's-fields4  
,in what way of business are you8--,an  
appraiser and undertaker4    ,have you  
known ,mr4 ,church long8--,yes4    ,were
 you one of his hearers8--,yes4    ,were
 you acquainted with ,mr4               
,patrick8--,not till the report was made
  respecting ,mr4 ,church4    ,did you  
know him as one of the congregation     
attending ,mr4 ,church8--,no1 ,i  cannot
 say ,i did4    ,were you with ,mr4     
,patrick on any day that he went to ,mr4
 ,church's house--,i  mean on the #ith  
of ,october8--,yes1 a few days after the
 report4    ,did you go into the house  
with him8--,no1 ,i did not4    ,you were
 at the door8--,i staid outside4    ,had
 you learnt from ,mr4 ,patrick that he  
was going to ,mr4 ,church's upon  the   
subject of this business8--,yes4    ,by 
,lord ,,ellenborough4--,did he tell you 
that he had a letter1 and was going  to 

make inquiries of ,mr4 ,church8--,he    
called upon me at my house to go with   
him4    ,by the ,,common                
,,serjeant4--,and told you he was going 
to ,mr4 ,church's upon  the business of 
this inquiry8--,yes2 indeed it was my   
request that he  should4  ,mr4 ,thomas  
went to speak to his wife2 and it was at
 my wife's  request and ,mrs4 ,patrick's
 ,i believe that he went4    ,your wife 
joined in her request8--,yes4    ,how   
long might his interview with ,mr4      
,church last--how long was he in the    
house8--,he seemed to be a long while2  
not much less than an hour4    ,as near 
as you could guess1 the time1 was it    
near an hour8--,yes4    ,when he came   
out did you put any questions to him    
respecting what had  passed between2 him
 and ,mr4 ,church8--,yes4    ,what      
questions did you put8--,i asked him    
what ,mr4 ,church had said4    ,what    
answer did he give you8--,he said that  
,mr4 ,church did not say any  thing4    
,he said ,mr4 ,church seemed very much  

confounded on account of the  cause1 he 
supposed1 but he said nothing about it2 
that it would be  injurious to the cause
 of ,god4  ,he did not say the cause of 
,god1 but ,i  only supposed he meant the
 cause of ,god4    ,by ,lord            
,,ellenborough4--,did he use the words  
8cause of ,god80--,no1 he said  ,mr4    
,church seemed very much confounded or  
confused4    ,then the rest is all      
imagination of your's8--,we both        
imagined alike4  ,i  don't know that    
these were exactly the words1 for ,i    
cannot call to my  mind what he did say2
 but it was conjectured the cause of    
,god1 and which  we heard afterwards was
 abused abroad4    ,you are now called1 
,sir1 for the purpose of contradiction4 
,you are  recollecting the effect1 you  
know1 of a conversation and             
communication  with ,mr4 ,patrick1 and  
you must say truly what passed1 if you  
can  recollect it4--,i don't recollect  
all that passed4    ,by the ,,common    
,,serjeant4--,when you were stopt in    

your account of what  passed1 you were  
going to say something4  ,you were asked
 whether ,mr4  ,church had said any     
thing to ,mr4 ,patrick which ,mr4       
,patrick related to  you4  ,what did he 
say8--,he said1 ,no4  ,he said ,mr4     
,church seemed very much  confused4     
,what did you ask ,mr4 ,patrick         
next8--8,why10 said ,i1 8what do you    
mean4  ,why1 if you know any thing      
against the man1 did you not charge him 
with  it8  ,i would have been very      
faithful with him1 and charged him with 
it40    ,what answer did ,mr4 ,patrick  
make to that8--,he said he did not know2
 he was  not the person4    ,by ,lord   
,,ellenborough4--,repeat that in ,mr4   
,patrick's own words4  ,attend1  and    
wait to hear the question4  ,be so good 
as to suppose that you were  narrating  
the conversation as it occurred with    
,mr4 ,patrick4  ,instead of  saying1    
,he1 say ,i4  ,attend now4    ,by the   
,,common ,,serjeant4--,what further did 
he say8 and give his own  words4--,he   

said1 8,i don't know3 ,i am not so      
proper a person as you10 or  words to   
the same effect4  ,i said to him1 8,what
 did he 7meaning ,church7  say          
respecting the report80    ,what had the
 report reference to that you spoke     
of8--,the report respecting  this       
transaction4    ,what answer did        
,patrick make to that8  ,what did       
,patrick say to you when  you put the   
question1 as to what ,church had said   
respecting the report8--,i  said to ,mr4
 ,patrick1 says ,i1 8what did he say    
respecting the  acknowledging the       
report0--that is1 what did ,mr4 ,church 
say to ,mr4 ,patrick  about             
acknowledging the report that had gone  
abroad respecting him4  ,he  said1 8,it 
was false40    ,do you mean that ,church
 said it was false8--,i mean that       
,patrick said that  the report was      
false4    ,by ,lord                     
,,ellenborough4--,that is not the answer
 to the question put by the  ,gentleman4
  ,did ,church say that it was          

false8--,i never saw ,church upon the   
subject4    ,by the ,,common            
,,serjeant4--,when ,patrick made you an 
answer1 did you  understand that answer 
to be1 that ,church had said the report 
was false1  or that ,patrick himself    
said the report was false8--,patrick    
himself4    ,patrick himself said that  
the report was false8--,certainly4      
,did you then put any other question to 
,mr4 ,patrick8--,i did4    ,what other  
question did you put8--,i said1 what    
answer did ,mr4 ,church give  respecting
 its having been reported that he was in
 liquor--that he made an  excuse that he
 was in liquor8    ,what answer did ,mr4
 ,patrick give to that8--,he said it was
 false4  ,he said  there had been a     
great deal of exaggeration4    ,did you 
after this put any question to ,mr4     
,patrick1 whether he1 ,mr4  ,patrick1   
thought that ,mr4 ,church was implicated
 in the transaction or  not8  ,did you  
put any such question to him8    ,lord  
,,ellenborough4--,did you use those     

words1 or words to the same             
effect8--,no1 ,i did not ,i put these   
words to him--8,why10 says ,i1 8you did 
nothing6  ,did ,mr4 ,church acknowledge 
nothing to you80  8,no1 ,sir10 says  he1
 8he did not40  ,then he said ,mr4      
,church had not mentioned a word about  
it4    ,did you make any observation to 
him1 or he to you8--,i don't recollect  
any  thing in particular4  ,i said1 says
 ,i1 8,as you can bring nothing against 
him1 let us pray for him1 and if he had 
the least idea of such a thing2  and as 
you say you cannot bring any thing home 
to him1 and can't prove  any thing1 that
 is all we can do4  ,let us pray that he
 may not be guilty  of such sin40       
,lord ,,ellenborough4--,did you say1    
pray for him1 if he was under any such  
temptation8--,yes2 pray for him1 if was 
under any such temptation4    ,,the     
,,common ,,serjeant4--,did ,mr4 ,patrick
 after that deliver any opinion to  you 
whether he thought ,church was          
implicated in the transaction or        

not8--,no1 he did not4    ,did you at   
any other time see him1 and hear him say
 any thing about this                   
transaction8--,no4    ,did any thing    
more pass at this meeting than what you 
have told us8  ,no4--,yes1 ,sir4  ,i ask
 pardon3 ,i met him in ,june last1      
coming over  ,waterloo-bridge4  ,i did  
not at first know him2 and he spoke to  
me1 and he  said1 8,my name is          
,patrick40  ,i said1 8,mr4 ,patrick1 why
 what are you doing  with ,mr4 ,church80
  8,why10 says ,i1 8,i hear you have    
brought something else  against him3    
what is that80    ,lord                 
,,ellenborough4--,there is no           
contradiction of ,mr4 ,patrick in this4 
,he  was not asked to this 7continuation
 of the answer74  8,why10 says he1      
8,sir1 ,i should not have done it1 but  
that ,mr4 ,church has spoken more       
disrespectful things respecting ,mrs4   
,patrick40  ,he said he should not  have
 done it1 but that ,mr4 ,church had said
 many disrespectful things of  ,mrs4    

,patrick4                               
,cross-examined by ,mr4 ,,marryatt4     
,was it the ,sabbath after the #bgth of 
,september that you first heard of      
this8--,i believe it was4  ,it was      
within two or three days after4    ,i   
think we have learnt that upon the      
,thursday night ,mr4 ,patrick came      
home1 and that on the ,friday morning   
the boy communicated to him what had    
happened4  ,now on the ,saturday1 was   
not this matter currently talked of     
about ,mr4 ,church8--,no1 ,i believe    
not4    ,you mean that you heard of the 
report two or three days after the thing
  happened8--,yes4    ,you then heard of
 the report8--,yes4    ,you told us that
 you were desirous that ,mr4 ,patrick   
should call on ,mr4  ,church8--,yes4    
,then he did so1 at your desire8--,yes4 
,did ,mr4 ,patrick bring the boy to you1
 and offer to have him brought face  to 
face with ,mr4 ,church8--,i believe he  
did4    ,mr4 ,patrick said the boy was  
outside8--,mr4 ,patrick called at my    

house in  the course of the morning1 and
 he sent him1 and he said the boy was   
outside4    ,did he wish you to see the 
boy8--,not particularly1 ,i believe4    
,for what purpose did he bring the      
boy8--,to go to ,mr4 ,church's8--,i     
supposed  so4    ,to go with you or with
 him1 or with both of you to ,mr4       
,church's8--,i was to  go with him1 and 
therefore the boy followed4    ,did the 
boy go with him into ,mr4 ,church's     
house8--,he staid outside the  door4    
,he walked on the other side of the way1
 opposite to where ,i was4    ,but he   
waited whilst you waited8--,yes3 we both
 waited outside4    ,ready to go in to  
,mr4 ,church's when you were            
wanted8--,yes3 ,mr4 ,patrick was  to go 
in and hear what ,mr4 ,church had to    
say2 and then we were to go in1  too4   
,and he took the boy with him1 in order 
that he might be taken in and see  ,mr4 
,church face to face8--,he brought the  
boy with him1 and ,i suppose that  was  
his intention4    ,did you decline      

introducing the boy to ,mr4 ,church8--,i
 had no particular  acquaintance with   
,mr4 ,church8--,i was only one of his   
hearers1 and ,i  thought it would be too
 great a liberty for me to go to him4   
,mr4 ,patrick  wanted me to go in alone 
to ,mr4 ,church1 first4    ,did he not  
invite you to take the boy in with      
you8--,he said nothing about  that2 ,i  
don't recollect any thing that he did4  
,why did you tell me1 then1 that you    
supposed the purpose of bringing the    
boy was that he should be introduced to 
,mr4 ,church8--,no doubt about that4  ,i
 don't know any other reason he had than
 that1 for bringing the boy4    ,did he 
say so8--,i don't know that he said that
 that was his reason4  ,he  said he had 
the boy there4    ,do you remember your 
declining to go in with ,mr4 ,patrick to
 ,mr4  ,church's8--,i told him ,i had no
 particular interest in the business4   
,i had  no intimacy with ,mr4 ,church1  
except hearing him4  ,i thought ,i had  
no  business to be interested in the    

knowledge of the fact1 being only a     
hearer4  ,i thought therefore that my   
visit would be obtrusive4    ,because   
you had no particular interest in the   
business8--,why1 ,i certainly  had no   
interest in it4    ,and therefore you   
declined going in and taking the boy    
with you8--,i saw no  necessity of so   
doing1 as he did not acknowledge himself
 guilty of any  thing bad4    ,by ,lord 
,,ellenborough4  ,but the boy being     
there1 had you not the curiosity  to    
examine the boy8--,i did not1 it being  
delicate subject4    ,did you not think 
it important to come at the truth upon  
the subject1 as  the boy was there and  
you might have examined him             
yourself8--,if ,mr4 ,church  had        
confessed any thing1 ,i should have     
thought it my duty to take the boy  and 
have them face to face4    ,but ,i      
should have thought that the            
circumstance of his not confessing      
would be the reason why you would take  
them face to face2 or else why  should  

you take the boy at all4  ,but ,mr4     
,church not having confessed any  thing1
 you therefore would not examine the    
boy4--,was that your reason for  not    
examining the boy8--,yes1 my ,lord4     
,by ,mr4 ,,bolland4--,but if he         
confessed any thing1 you would have     
taken the  boy to have them face to     
face8--,yes4    ,your object was to take
 the boy and have them face to face1 if 
,mr4 ,church  acknowledged the          
crime8--,yes4    ,but surely when you   
found that ,mr4 ,church had acknowledged
 his fault1  then there would be no     
reason for taking the boy to have them  
face to  face8--,i should have thought  
it proper to take the boy in1 if ,mr4   
,church  acknowledged his crime4  ,i    
wished the boy in fact to come in with  
us2 but  when ,mr4 ,patrick came out and
 said that ,mr4 ,church did not         
acknowledge  any thing of it1 ,i did not
 think it necessary to have them face to
 face4    ,then you did not think it    
right to have the boy in8--,i never     

spoke to the  boy4    ,you never asked  
the boy about this transaction8--,no4   
,mr4 ,patrick never gave any opinion    
whether ,mr4 ,church was implicated in  
the transaction2 but in answer to a     
particular part of the transaction1  he 
said that ,mr4 ,church asserted that it 
was false8--,yes4    ,did you see the   
letter sent to ,mrs4 ,hunter8--,no4     
,i mean the letter about the three      
points of the boy's statement which ,mr4
  ,church said he was able to           
contradict8--,no4                       
,mr4 ,,james ,,reeves sworn4            
,examined by the ,,common ,,serjeant4   
,were you the ,clerk attending the      
,magistrate when the charge was made    
before him2--,i was4    ,who was the    
,magistrate8--,i must refer to the      
book--7,witness produced a  book47      
,that is your minute book in which you  
enter the proceedings of the            
day8--,yes4    ,who was the sitting     
,magistrate on that day8--,mr4 ,serjeant
 ,sellon appears  to have been the      

,magistrate on the #aith of ,november1  
as it appears by the  book4    ,this    
being a charge of misdemeanor1 do you   
find by your book that any  account was 
committed to writing of what the        
witnesses said8--,no2 it was  not4  ,it 
is merely a note1 or entry of the names1
 as follows3 8,warrant  for a           
misdemeanor1 parties appeared by the    
,officer1 and ordered to find  bail40   
,cross-examined by ,mr4 ,,marryatt4     
,was that the ,magistrate by whom the   
warrant was granted8--,yes4    ,was the 
oath administered before the warrant was
 granted8--,yes2 there had  been an     
ex-parte examination to grant the       
warrant on the oath of the  party4      
,that is in another book8--,it is2 that 
is left behind2 ,i do not know any      
thing of it4    ,but there is a         
deposition on oath prior to the granting
 of the  warrant8--,yes4                
,re-examined by the ,,common ,,serjeant4
    ,the depositions in cases of        
misdemeanour you don't take in          

detail8--,no4    ,were the depositions  
taken in writing in any book which you  
have not  here8--,i am not aware of     
that4    ,lord ,,ellenborough4--,you    
were not told to bring it8--,no4    ,was
 that the only information upon which   
the warrant was granted8--,there  was   
nothing taken down in writing when all  
the parties were before the             
,magistrate4    ,were the depositions   
taken down before the warrant was       
granted8--,yes4    ,then1 after the     
warrant was executed1 and at the time of
 the examination  when the ,defendant   
was there1 you took no minutes8--,no    
farther than the  names of the parties2 
and what ,i have here4                  
,mr4 ,,wood sworn4                      
,examined by ,mr4 ,gurney4    ,were you 
present at the examination of ,mr4      
,church before the  ,magistrate8--,i    
was4    ,what are you8--,a hatter1 near 
the ,elephant and ,castle1 in ,st4      
,george's  ,fields4    ,lord            
,,ellenborough4--,did you take the      

testimony of the witnesses down in      
writing8--,no4    ,mr4 ,,gurney4--,did  
,foreman1 the boy1 in the account he    
gave before the  ,magistrate1 say for   
what purpose he searched the house8--,he
 said that he  went out to the ,potter  
and told the ,potter that there were    
thieves in the  house1 and that the     
,potter and he came to search the house4
  ,he was asked  a question by ,mr4     
,sellon1 whether or no he searched the  
room where ,mr4  ,church slept4  ,he    
said1 ,no1 he did not search that room4 
,mr4 ,sellon  said1 8,why not search    
that room80    ,what answer did he give 
to that8--,the answer he gave was that  
the ,potter  wished to break the door   
open4  ,mr4 ,sellon said1 8,did you try 
the door to  see whether it was open1   
before the ,potter talked of breaking it
 open80  ,he said1 ,no3 he did not wish 
to disturb his mistress4    ,whilst the 
,potter was examined1 did he say what   
was the alarm that  ,foreman gave to    
him2 did he say what was the alarm8--,i 

cannot charge my  memory as to that4    
,mr4 ,,gurney4--,my ,lord1 this is the  
case of the ,defendant4    ,mr4         
,,marryatt then replied to the          
,defendant's case1 as follows3--    ,may
 it please your ,lordship1 ,gentlemen of
 the ,jury--,my learned ,friend has     
almost admitted the case on the part of 
the ,prosecution1 in the nature of  his 
address to you1 by saying1 in effect1   
that if you believed ,mr4 ,church  to   
have gone into the boy's chamber at that
 unseasonable hour of the  morning1 he  
could hardly come there for any purpose 
but that ascribed to  him by this       
,indictment4  ,at least1 if my ,learned 
,friend did not make that  confession in
 terms so explicitly as ,i have given   
them1 certainly he has  not offered in  
his address to you the smallest         
explanation of so very  suspicious a    
purpose4  ,and although ,i invited him1 
when ,i first had the  opportunity of   
stating this case1 to assign any        
possible reason1 except  that which is  

imputed to the ,defendant as matter of  
crime1 why he should  be in the ,boy's  
room under such circumstances1 we have  
had no motive  assigned1 nor any        
suggestion of apology or excuse offered 
for such  conduct4    ,there is an      
improbability in this case it is        
contended2 because there had  been no   
overture of the same description made to
 the lad before this  period1 nor any   
circumstance1 by which an indication of 
the ,defendant's  unnatural             
propensities1 prior to this transaction1
 could be inferred4  ,gentlemen1 we have
 lived some time in the world1 and we   
have seen that  men1 with these         
diabolical passions1 make those         
overtures1 not  unfrequently1 to persons
 they never saw in the whole course of  
their  lives1 until some occasional     
meeting--sometimes in the ,parks--nay1  
sometimes1 even at public assemblies2   
and yet so extraordinary is the  phrenzy
 with which men of these propensities   
are hurried1 there is no  accounting for

 their conduct on these occasions3      
certainly there is no  amounting for the
 conduct of this ,defendant in going    
into the boy's  chamber1 except that    
which his abominable and unnatural lusts
 can  suggest1 and which are imputed to 
him by this indictment4  ,gentlemen1 in 
the first place1 was he there8  ,why it 
is suggested that the boy's fright  had 
magnified the powers of his vision1 and 
that he must have mistaken  the         
,defendant for his mistress1 or for the 
maid servant1 who slept with  his       
sister4  ,now1 ,gentlemen1 we have it in
 evidence that ,mr4 ,church is a  man   
near six feet high3 a man of            
considerable size1 and distinguishable  
from the boy's mistress1 who is a little
 feminate figure2 and also very         
distinguishable from the maid servant1  
whom my learned friend1 ,mr4  ,gurney1  
wishes you to infer was the person who  
entered the prosecutor's  room1 because 
the maid's chamber door was not shut2   
although there was no  question asked by

 the ,defendant's ,counsel1 as to the   
intimacy of this  young man with that   
servant maid4  ,i admit that the        
servant's door was  not fast2 but my    
,learned ,friend did not inquire whether
 the servant's  door had been left open 
or fastened1 when the servants went to  
bed2 nor  was any inquiry made whether  
the lock of that door was defective1 as 
sometimes happens to be the case with   
the servant's rooms in a  gentleman's   
house2 for deficiencies of that         
description are not so  immediately     
remedied as in the more preferable rooms
 of the house4  ,gentlemen1 could the   
young man by any possibility mistake the
 female  figure of the maid servants or 
of his mistress1 for the man he         
described--a man that is of considerable
 size--near six feet high1 and a  very  
striking object in point of height8     
,most unquestionably there is no        
pretence for supposing1 that there could
 be any body else but ,mr4 ,church  in  
the room at that time4  ,now what is the

 conduct of the young lad on  that      
occasion8  ,he goes down to ,west1 the  
potter1 immediately1 and states  to him1
 that ,mr4 ,church had behaved          
indecently4  ,i admit that1 in the      
course of conversation1 he mentioned    
some of the particulars of what         
occurred1 which the potter says he does 
not recollect4  ,the boy goes on        
further1 and states particulars that he 
had related to the man1 which the       
latter says had not been mentioned to   
him2 and what is more probable1  than   
that in giving an account of a          
conversation which took place so long   
ago as the month of ,september last1    
that the one may add half a sentence    
which the other does not remember8  ,but
 was not the statement that the  lad    
made at the time to the second witness1 
,west1 7though the latter does  not     
recollect the whole of what passed7 that
 ,church came into his  chamber1 and    
conducted himself with indecency towards
 him8  ,they then  return to the house2 

the lad and he examine the house for the
 purpose of  ascertaining whether any   
body else is there2 no other male person
  sleeping in the house2 and they find  
all secure and safe2 and yet it is  to  
supposed1 that they went in search for  
thieves6  ,why the result of the  search
 would decide whether the object of the 
search was to see whether  there were   
any thieves in the house--for neither a 
door nor a window had  been opened1 nor 
was there any aperture at which a thief 
could gain  admittance4  ,it is clear1  
therefore1 that there was no other male 
in the  house except ,church1 the party 
indicted2 nor is there now any colour   
for  supposing that there was any body  
else there of his sex but himself4      
,but1 it is said their object was to    
search for thieves1 and that the  alarm 
was for thieves1 and that the ,boy1 when
 he went before the  ,magistrate1 gave  
some account about searching for        
thieves4  ,why1 in his  examination here
 to-day1 when he was asked whether he   

and ,west did not go  back together to  
the house and search for thieves1 he    
very naturally  said1 8,yes1 ,sir30 but 
why did he give that answer8--,because  
there was  another proposition put to   
him1 which appeared as material as that 
with  respect to the search for thieves1
 and accordingly he answered in the     
affirmative4  ,it is true that he did   
admit at first1 that he went to  search 
for thieves2 but when he came to give   
the explanation to the  answer1 he      
states that he did not particularly     
search for thieves2 and  after a little 
cross-examination by the same ,learned  
,counsel1 it appeared  that the object  
was not to search for thieves1 but      
merely to ascertain  that there was no  
other man in the house that could       
possibly commit this  indecency1 this   
outrage against religion1 morality1 and 
nature4  ,but the  man who was called   
last1 named ,wood1 is called to state   
something that  passed before the       
,magistrate2 and1 according to his      

representation1 there  was something    
said about going to search for thieves4 
,it is observable1  however1 that he did
 not take up the whole story told in the
 testimony of  the lad1 nor did my      
,learned ,friend examine him as to the  
anterior part of  his statement3 and    
from this it must fairly be inferred1   
that the most  material part of the     
boy's testimony given to-day1 and that  
given before  the ,magistrate1 was      
consistent1 and not to be shaken4  ,for 
you may be  quite certain1 ,gentlemen1  
that when my ,learned ,friends on the   
other side  content themselves with     
catching at the smallest variance in the
  testimony of the witness from his     
original statement2 it is a decided     
proof that the most important part of   
the case is not to be shaken1 and  is   
incapable of contradiction4  ,the       
material part of the evidence remains   
untouched by any shadow of doubt as to  
its credibility4  ,my ,learned  ,friend 
rests satisfied with the contradiction  

upon the subject of what  passed between
 the ,potter and the ,boy1 but which1 ,i
 say1 is wholly  immaterial as it       
affects his credit2 and the only further
 objection he  makes to his testimony   
is1 that his evidence of to-day does not
  correspond1 in some minute particular1
 with his examination before the        
,magistrate4  ,for the reasons1 however1
 which ,i have given you1 ,gentlemen1   
you will dismiss these trifling matters 
from your serious consideration4    ,but
 it seems that ,mr4 ,patrick has been   
guilty of some mis-statement as to  what
 occurred in the early stage of this    
proceeding2 and we have ,mr4  ,thomas   
called1 as it is said1 for the purpose  
of contradicting him1 as to  the result 
of some conversation which passed       
between them after the  interview at    
,mr4 ,church's house4  ,gentlemen1 it is
 some what singular  that ,mr4 ,thomas1 
who was one of the ,defendant's hearers1
 and interested  himself so much in this
 case1 that when the boy is brought to  

give him  information as to the         
complaint which he had to make against  
,mr4 ,church1  he does not make the     
least inquiry into the lad's account of 
the  transaction1 nor does he express   
any desire that the lad should be       
introduced to ,mr4 ,church4  ,we have it
 in evidence from himself1 that on  the 
day when ,mr4 ,patrick called upon ,mr4 
,church1 he waited with the lad  on the 
outside of the house2 and although ,mr4 
,patrick brought the boy for  the       
express purpose of having him confronted
 face to face with the  ,defendant1     
still ,mr4 ,thomas does not ask a single
 question of the lad1  nor does he go   
into any examination upon the subject4  
,gentlemen1 that this case was          
immediately blazoned about very early is
  clear1 though it was not carried      
before the magistrate so soon2 because  
we find that when ,mr4 ,patrick came    
home on the ,thursday night1 though he  
did not speak to the boy until the next 
day1 the ,friday1 yet the subject  was  

generally mentioned to his wife before  
he returned1 and therefore the  matter  
might have got wind before it was fully 
explained by the boy to  his master on  
the ,friday morning4  ,it is quite clear
 that it was known to  the congregation 
on the following sabbath1 and according 
to that letter  which has been read to  
you1 7upon which ,i make no comments1   
except so far  as it bears on ,mr4      
,patrick's testimony71 the ,defendant1  
,mr4 ,church1 had  written on the #fth  
of ,october to ,mrs4 ,hunter1 ,mrs4     
,hunter having  previously written to   
him on the subject1 for he begins by    
referring to  the letter which ,mrs4    
,hunter had addressed to and expresses  
regret that  he shall lose her as a     
hearer in future3 so that ,mrs4 ,hunter 
therefore1  amongst other persons1 was  
acquainted with the rumours1 because    
from him  this letter comes1 from which 
it appears that she had written to him  
before2 for it begins by stating--8,my  
heart is already too much affected3     

your letter only added affliction to my 
bonds40--,gentlemen1 ,i only dwell  upon
 this circumstance in confirmation of   
,mr4 ,patrick's statement1 that  ,mr4   
,church could contradict1 not the whole 
of the report1 but three  points of the 
boy's statement4  ,this letter having   
come to the knowledge  of ,mr4 ,patrick1
 in which these three points are alluded
 to1 and being  desired by some of the  
congregation to pay the ,defendant a    
visit1 he  accordingly resolves to call 
upon him4  ,on that occasion he         
introduces  himself by stating1 as the  
apology for his calling1 that he had    
seen a  letter from the ,defendant1 in  
which he stated that he could contradict
  certain points of the boy's story4    
,the ,defendant you will observe does   
not contradict the fact of his having   
written such a letter1 but he goes  into
 an explanation with the witness as to  
what are the points of  contradiction2  
and then he states that so far as his   
having laid hold of  the boy1 and his   

having told the lad that the person who 
addressed him  was his mistress1 the    
whole was a mis-statement2 and these1   
,gentlemen1  are the only points of     
denial upon which the ,defendant rested 
in his  interview with ,mr4 ,patrick1 to
 whom1 however1 he admitted distinctly  
that  he was in the boy's chamber1      
though he denies the subsequent part of 
the  transaction1 which the boy to-day  
has solemnly sworn to have taken place4 
,now1 gentlemen1 ,i ask again1 if he was
 in the boy's chamber1 for what  reason 
or proper purpose could he by           
possibility go there8  ,and if he was   
in that room1 can you have any doubt of 
the truth of all the  circumstances     
which the boy has positively sworn8--,if
 it was a person of  the male sex who   
entered that apartment1 it must clearly 
have been the  defendant2 for there was 
no other man in the house4  ,it         
appearing  distinctly that ,mr4 ,patrick
 was absent from home on that night4    
,then ,i  ask you1 whether there is any 

ground for disbelieving the boy's story1
  who1 immediately after the disgusting 
scene he has described1 goes to the     
pottery1 tells his story to the workman1
 and stays there the remainder of  the  
night1 chusing rather to lose his rest  
than stay in the house with  ,mr4       
,church1 under the liability of a       
further encounter for the same          
detestable purpose4  ,the reason which  
the boy has given for not alarming  the 
house1 is not an unnatural one4  ,we    
have it in evidence that ,mr4  ,west1   
feeling a manly indignation at what had 
happened1 manifested a  disposition to  
pull the unnatural offender out of his  
bed1 and turn him  into the street4     
,but the boy1 apprehensive that such an 
occurrence might  give an alarm to his  
mistress1 persuaded the potter to       
abstain from his  purpose1 and they     
accordingly did not enter the           
defendant's door4    ,thus1 gentlemen1  
the testimony of the prosecutor is      
consistent in all its  parts2 for       

although ,church denied some            
circumstances of the transaction  as    
stated in his letter read to-day1 yet   
every main and important feature  of the
 transaction is confirmed by collateral 
circumstances4  ,mr4  ,patrick's        
evidence is a direct corroboration of   
the boy's story1 from the  moment that  
the transaction first took place down to
 his examination of  to-day4  ,but if1  
gentlemen1 as ,i said before1 you feel  
any reasonable  doubt of the purpose for
 which the defendant came into the boy's
 room1 it  is your duty to acquit him2  
but1 on the other hand1 if all the      
circumstances of the case conspire to   
imprint upon your mind that the         
defendant had clearly no other purpose1 
but a guilty and unnatural one  when he 
entered that apartment1 it is your      
bounden duty1 disgusting as it  may be1 
to pronounce a sentence of condemnation1
 whatever consequences  may result to   
the defendant in the judgment which he  
shall hereafter  receive4        ,,the  

,,charge4      ,lord ,ellenborough      
delivered his charge to the jury as     
follows3    ,gentlemen of the           
,jury--,this is an indictment against   
,john ,church for an  assault upon the  
person of ,adam ,foreman1 with intent to
 commit an  unnatural crime with him4   
,there has been a considerable body of  
evidence  laid before you1 against him  
as well as for him3 and it is for you to
 say  in the result1 after giving that  
evidence due consideration1 whether the 
defendant has committed the assault with
 intent to perpetrate the  atrocious    
crime imputed to him by the indictment4 
,now1 assuming the fact to be that ,mr4 
,church was in the room at the time     
this offence was supposed to have been  
committed1 that alone imposes upon  him 
the necessity of giving some explanation
 for the occasion which  brought him    
there4  ,if1 in addition to the fact of 
being there1 which he  admits1 himself1 
to be true1 you should believe the boy  
further in his  statement that such an  

overture was made to him1 and that the  
hand of a  man was put upon his private 
parts in bed1 you will have to say with 
what  other purpose than as an          
inducement to the commission of an      
unnatural  crime1 it had been placed    
there4  ,that is1 supposing you believe 
the  facts as stated by the young man4  
,i should apprehend that no reason can  
be suggested for such an indecent       
intercourse 7supposing it did take      
place7 with this man's person unless it 
was a prelude or inducement to  the     
committing of the crime imputed to the  
defendant4  ,now the main  question for 
your consideration will be1 whether that
 which is sworn by  ,foreman1 and       
confirmed by ,mr4 ,patrick1 is truly    
sworn4  ,i think too much  stress has   
been laid upon the circumstance1 stated 
about the searching  for thieves1 which 
it is said1 on the part of the          
defendant1 was the  avowed object of    
,foreman in returning to the house4  ,it
 was very natural  and highly probable  

when he apprehended1 if he did truly    
apprehend1 that  a male person had come 
into his room and had accosted him in   
the manner  he stated1 that he should be
 clearly satisfied before he went       
farther in  communicating to the potter 
the indecencies offered to his person1  
that  there was no other male in the    
house1 and seeing that no other male    
could  come into the house at that time 
of night1 unless he came for this       
purpose and no other4  ,in this point of
 view1 ,i think it is not at all        
unnatural or improbable in his conduct1 
even if he had said that he had  gone in
 search for thieves2 and1 if you        
recollect1 his evidence was1  8that he  
had searched the house1 not for thieves 
in particular1 but to  see if there was 
any body in any of the rooms40  8,i did 
not think of  thieves10 says he1        
8because ,i knew who it was10 and so on4
  ,he now says1  that at that time he   
knew it was ,mr4 ,church1 and therefore 
he did not  think of searching for      

thieves1 his object being1 in searching 
the house1  to ascertain whether there  
was any other male in the house besides 
the  one to whom he attaches the crime  
imputed by this indictment4             
,gentleman1 ,i shall now proceed to     
state to you the evidence as it has     
been given on both sides4    ,adam      
,foreman1 the first witness1 states1    
that he shall be twenty years of  age   
the first day of ,december next4  8,i am
 an apprentice to1 ,mr4 ,patrick1  the  
potter1 of ,vauxhall2 ,i have been with 
him about five years4  ,i have  known   
the defendant1 ,john ,church1 by sight  
about two or three years4  ,he  is a    
preacher1 and ,i have attended as one of
 the congregation in the  chapel where  
he preaches2 ,i have often seen him4  ,i
 sleep generally at my  father's house1 
but when my master goes out of town ,i  
sleep at his house4  ,the defendant     
,church lives near his chapel in ,st4   
,george's ,fields4  ,the  defendant came
 to sleep at my master's on the #beth of

 ,september last40  ,it seems1          
,gentlemen1 he came there by invitation 
from ,mr4 ,patrick1 having  weak health1
 and it being more convenient for him to
 sleep in better air4  8,he slept there 
on the night of the #beth ,september2 ,i
 slept there also1  that night4  ,i     
don't know whether the defendant had    
been there before2 ,i  cannot say       
whether ,i had seen him there before4   
,my master was out of  town that night1 
but where ,i cannot say4  ,the persons  
who slept in the  house that night were 
,mr4 ,church1 my mistress1 the children1
 and the two  maid-servants2 there was  
no other man in the house except ,church
 and  myself4  ,my bed-room was the     
front parlour on the first floor1 over  
the  kitchen4  ,it was not usually a    
bed-room1 but ,i slept there because    
there  was no other bed-room that ,i    
could sleep in4  ,a temporary bed was   
put up  there for me4  ,i went to bed at
 near one o'clock4  ,there was a kiln   
burning1 and ,i was obliged to sit up to

 let the man in to the kiln when  he    
came4  ,it was necessary for me to sit  
up to attend that kiln1 and to  give the
 man the key4  ,that man's name is      
,thomas ,west4  ,i went to sleep        
directly ,i went to bed4  ,i had not    
been asleep more than half an hour1     
before ,i was awoke by some one putting 
his hands under the bed clothes1  and   
laying hold of my private parts4  ,he   
laid hold of me very tight4  ,i  put my 
hand out of the bed clothes and caught  
hold of him1 and asked him  who he was4 
,i said1 who are you8  ,i laid hold of  
him1 as near as ,i can  guess1 by the   
upper part of the arm2 and ,i felt lower
 down1 and found by  the sleeve that he 
had got a man's shirt on4  ,i had a hold
 of him by the  upper part of the arm1  
and running my hand down to the wrist1  
,i found he  had a man's shirt on4  ,the
 wrist was buttoned4  ,i knew very well 
it was  man1 because he had got a man's 
shirt on4  ,the person1 whoever it was1 
said1 in a feint voice like a woman1    

8,adam1 don't you know me8  ,i am your  
mistress40  ,it was not ,mrs4 ,patrick's
 voice4  ,i knew the voice directly ,i  
heard it to be ,mr4 ,church's4  ,he fled
 from the room directly2 he went out  of
 the room in a hurried step4  ,i got out
 of bed and put on my small  clothes and
 shoes1 and went out to the door4  ,as  
the man opened the door1  ,i saw by the 
lamp that it was ,mr4 ,church1 and he   
had only his shirt on4  ,the lamp is    
outside of the street door1 on the      
,terrace1 and throws a  light through   
the fan-light of the hall door4  ,it is 
a parish lamp4  ,at  the time ,i saw    
,church by the light of the lamp ,i was 
sitting up in bed3 ,i  had not then left
 my bed4  ,i saw that the person who    
went out through the  door had a man's  
shirt on4  ,i did not see his face at   
all2 his back was  to me4  ,i then got  
up and put my small-clothes on and      
shoes1 and went to  the pottery to get  
the man to come up to the house4  ,i    
told ,thomas ,west  what had happened4  

,he was in the pottery1 and was there ,i
 before went to  bed4  ,the person who  
went out at the door shut it after him4 
,i saw him  by the light of the lamp    
when he opened the door4  ,there was no 
light in  the room2 the light came from 
a lamp on the terrace4  ,that lamp is   
about  five or six yards from the door  
of the house on the terrace4  ,the      
terrace1 on which my master's house is  
situated1 is a row of houses  raised    
above the road4  ,the lamp is upon the  
terrace opposite to the  door4  ,the    
light from the lamp is given to the     
passage through the  fan-light over the 
door4  ,when the man opened the door and
 went out1 ,i  saw him by the light from
 the lamp4  ,i could not see the face of
 the  person1 but ,i saw that he had a  
shirt on4  ,i was rather alarmed4  ,it  
all  took place in a minute4  ,it was   
not long about4  ,i don't know how long 
he  had been there before ,i awoke4     
,from the moment ,i awoke it took place 
as  fast as possible4  ,i immediately   

went to ,west4  ,we did not know whether
  any body had got in or not4  ,west and
 ,i directly came and searched the      
house for thieves4  ,we went and looked 
at every chamber door in the home       
except ,mr4 ,church's and my mistress's4
  ,we looked at the door of ,mr4        
,church1 and that of my mistress4  ,they
 were both shut4  ,we found all the     
doors in the house shut except the      
servant's1 which we found on the jar40  
,now1 ,gentlemen1 great stress is laid  
by the learned counsel for the          
,defendant upon this circumstance4  ,it 
is suggested that it might be ,mrs4     
,patrick1 or one of the maid servants   
who entered the room4  ,it appears  that
 one of the servants was the            
prosecutor's own sister1 and it was not 
likely to be her that went in4  ,it is  
said the prosecutor's counsel ought  to 
have called the maid servant and ,mrs4  
,patrick to negative the supposed       
circumstance of their having gone into  
the room4  ,now1 this observation  is to

 be made1 that it was open to the one   
side or to the other to have  called the
 maid servant1 and have proposed that   
question to her4  ,it was  clearly open 
to the ,defendant1 if he chose to call  
the maid1 and to have  asked her that   
question2 and it was equally open to the
 counsel for the  prosecution4  ,it was 
also open to both sides to have called  
,mrs4 ,patrick4  ,it is probable that   
the prosecutor's counsel did not like to
 expose her  to the pain of an          
unnecessary examination1 because the    
,defendant might  have called her as a  
witness for himself4    8,i went and    
told ,west that ,mr4 ,church came down  
into my room1 and behaved  in a very    
indecent manner4  ,i told him that      
,church had been there and  laid hold of
 my private parts4  ,i did not search   
the house for thieves in  particular1   
but to search if any body was in any of 
the rooms4  ,we  searched the house4    
,we looked all over it to see if there  
was anybody in  any of the rooms4  ,we  

searched the house1 but not for thieves 
in  particular4  ,i did not think of    
thieves1 because ,i knew who it was4    
,we  did not go into the maid servant's 
room2 we only looked in4  ,we found the 
door open and looked in4  ,the maids    
were in bed4  ,one was my sister4  ,the 
door being a-jar1 we pushed a little1   
and we saw that they were a-bed4  ,we   
did not speak to them4  ,we did not     
search the house for thieves1  because  
,i knew who the person was4  ,the reason
 of my searching the house  was because 
,i wished to be quite right before ,i   
made the accusation  against ,mr4       
,church4  ,we found that there was no   
other man in the house  but ,mr4        
,church4  ,there was no door1 no window 
open1 at which any other  man could have
 come in4  ,the light from the ,terrace 
came through the  fan-light over the    
door4  ,the lamp gives a pretty fair    
light to the hall1  and shews a little  
light up the stairs4  ,the time when the
 person opened  the door and went out1  

was the time that ,i got a view of his  
person4  ,i  did not hear him when he   
first came into the room4  ,i was       
awakened by the  application of his hand
 to my person4  ,he was standing by the 
bed-side on  the floor4  ,i did not call
 to him by name1 or give him to         
understand that  ,i knew who he was4  ,i
 did not see any part of his face1 but  
,i saw his  back as he went out of the  
room4  ,he was a person that appeared to
 be the  height of ,mr4 ,church4  ,i    
cannot say what height he is4  ,i cannot
 say  exactly whether he had a night-cap
 on4  ,i think it was a handkerchief    
tied round his head4  ,i could not tell 
what sort of a handkerchief it  was1    
whether coloured or not40    ,he does   
not say positively whether it was a     
light or a coloured  handkerchief1 but  
he says he could not tell4  ,he did not 
see whether it  was coloured or not4    
8,we went to ,church's door1 but we did 
not touch it1 nor did we go in4  ,west  
wanted to go into the room and pull him 

out40    ,that is confirmed by the      
testimony of ,west himself4    8,i      
objected to ,west's pulling him out1    
because ,i was afraid of disturbing  my 
mistress4  ,she would have been very    
much alarmed40    ,that was the account 
he gave in his original examination     
before the  magistrate1 as the reason   
for his not going into the room4        
8,church never had any conversation with
 me1 nor did he ever make any  overture 
of this sort to me before this time4    
,there was nothing  particular in his   
manner or in his conduct towards me     
before this time4  ,i have never spoken 
to him at all since4  ,i saw him attend 
before the  magistrate4  ,there ,i spoke
 in his presence1 but not immediately to
 him4  ,i did not hear him speak before 
the magistrate4  ,i have given the same 
account before the magistrate that ,i   
have now done here4  ,i know no other   
circumstances from which ,i could       
collect that it was a man4  ,the hand   
was  withdrawn when ,i awoke4  ,by the  

height of the person ,i saw1 ,i could   
ascertain whether it was or was not the 
height of my mistress or any of  the    
female part of the house4  ,mr4 ,church 
was a great deal bigger than  any body  
there4  ,i don't think he is quite six  
foot4  ,he is a tall and  stout man4    
,there was light enough by the lamp to  
see the outline of the  man1 so as to be
 able to say that he was a tall person4 
,mrs4 ,patrick is  quite a little woman1
 she is quite different person from the 
person ,i saw  in the room4  ,i am quite
 clear of that4  ,the maid who slept in 
the room  with my sister1 is about as   
tall as ,i am2 not quite so tall4  ,i am
 quite  sure it was not her4  ,there was
 no other maid in the house40    ,this  
is the evidence of the first witness2   
and you observe he says1 he is  quite   
sure it was not any of the females of   
the house who came into his  room2 and  
he is quite sure that there was no other
 male person in the  house besides      
himself and the ,defendant ,church2 and 

he is certain that it  was not the maid 
nor his mistress4    ,the next witness  
examined is ,thomas ,west4  ,he says1   
8,i am workmen to ,mr4  ,patrick1 the   
potter4  ,on the morning of the #bfth of
 ,september last1 ,i  relieved ,adam    
,foreman at the ,kiln4  ,i relieved him 
about half past twelve  o'clock in the  
morning3 he left me shortly afterwards  
for the purpose of  going to bed4  ,i   
saw him again in about half an hour4    
,he was only part  dressed4  ,he had his
 small clothes1 his shoes1 and one      
stocking on4  ,he  came to me in a very 
great fright1 and bid me light my       
candle4  ,he  appeared very much        
alarmed1 and bid me light my candle and 
come along  with him up to the house4   
,he told me1 as we were going along the 
garden1  that ,mr4 ,church had been to  
him1 and behaved in a very indecent     
manner4  ,he did not explain how4  ,he  
unlocked the door1 and we went into the 
house  together4  ,when we got into the 
house he put the remainder of his       

clothes  on4  ,we then went and searched
 every room in the house1 beginning at  
the  bottom and going upwards to the    
top1 except my mistress's room and ,mr4 
,church's4  ,we went into all the rooms 
except ,mr4 ,church's and ,mrs4         
,patrick's4  ,we did not go into ,mr4   
,church's room or that of my mistress4  
,we did not open the door of either of  
those two rooms4  ,when we came to  ,mr4
 ,church's door1 ,i said1 8,i'll go and 
pull him out2 shall ,i80  ,the ,lad     
said1 8,no1 for fear of disturbing my   
mistress40  ,in consequence of that     
observation of the lad's1 ,i forebore   
going into the room4  ,foreman then     
came along with me into the ,pottery4   
,he came down stairs2 locked the  back  
door1 and staid with me the whole of the
 remainder of the night at  the ,pottery
 'till the morning4  ,we searched in all
 the rooms of the house  for the purpose
 of seeing if there was any other person
 in the place4  ,we  found no window or 
door open at which any body could have  

got into the  house4  ,i saw them all   
secure and fastened4  ,when ,foreman    
came to me1 he  did not explain what    
,church had done to him2 he only told me
 that ,church  had behaved in a very    
indecent manner to him4  ,i did go to   
search for  thieves in the house4  ,when
 he told me that ,church had behaved in 
a very  indecent manner to him1 ,i went 
to see if there was any other person in 
the place4  ,foreman did not tell me he 
believed that there was thieves in  the 
house4  ,i am quite sure he did not     
explain in what way ,church behaved  to 
him4  ,he did not tell me that ,church  
came to his bed side1 and laid  his hand
 upon his private parts2 he never from  
first to the last1 either  in the course
 of the morning when staying with me1 or
 after we had been  to the house1 tell  
me what ,church had done1 and that he   
had laid his hand  upon his private     
parts4  ,i went before the ,magistrate  
some time after  this2 ,i believe it was
 six or seven weeks40    ,gentlemen1    

there would be a great deal in the      
observation upon the  circumstance of   
the parties not going before the        
,magistrate until six or  seven weeks   
afterwards1 if the matter had been kept 
a secret4  ,but it is  not kept a       
secret2 so far from that1 it was quite  
notorious4  ,and here is  a letter1 in  
the hand-writing of the ,defendant      
himself1 dated the #fth of  ,october1 in
 answer to a letter of ,mrs4 ,hunter2   
and it appears that the  subject had    
been ventilated and circulated1 for some
 days before1 and had  become the topic 
of general discussion amongst the       
,defendant's  congregation2 because it  
appears that ,mrs4 ,hunter had written a
 letter  herself to the ,defendant upon 
it4  ,there is nothing1 therefore1 in   
the  observation of the ,learned        
,counsel for the ,defendant as to the   
tardiness  of going before the          
,magistrate4    ,he says1 8,the ,lad    
then went with his father4  ,the ,lad   
generally slept at  home at his father's

 house4  ,the father lives about a      
quarter of a mile  from ,mr4 ,patrick's4
  ,the ,boy did not sleep at his        
father's the next  night2 but he did the
 next night after that4  ,we did not go 
to the  ,justices until about six or    
seven weeks afterwards4  ,i did not     
communicate with ,mr4 ,patrick upon the 
subject before ,i went to the           
,justice40    ,the next witness called  
is ,mr4 ,patrick4  ,he says1 ,i am a    
,potter1 at  ,vauxhall2 the boy1        
,foreman1 lived with me all the time ,i 
have been in the  pottery business2 that
 is1 between five and six years4  ,he   
slept in my  house only occasionally1   
and that was whenever ,i went out of    
town4  ,as  there was no other male in  
the house on those occasions1 he used to
 sleep  there for the purpose of giving 
the key to the ,potter in the morning4  
,i  was absent from home on the #beth of
 ,september2 and on that occasion the   
,boy slept in my house2 he slept upon a 
chair bed in the front parlour2 it  was 

a temporary bed for a nurse             
occasionally4  ,i knew the ,defendant1  
,john  ,church2 ,i first became         
acquainted with him when ,i came to     
reside at  ,vauxhall2 he is a ,baptist  
,preacher1 and ,i attended his chapel2  
and that  was the way ,i became         
acquainted with him4  ,his residence is 
adjoining to  the ,chapel4  ,in the     
month of ,september1 the ,defendant came
 to sleep at my  house4  ,he complained 
occasionally of ill health2 and thinking
 that he  was ill1 ,i asked him1 out of 
friendship1 to take a bed at my house1  
as ,i  thought the air would be of      
service to him4  ,i returned home on the
  evening of the #bfth of ,september1   
and on the morning of the #bgth the ,boy
  made a communication to me respecting 
this transaction4    ,so that you see1  
,gentlemen1 the ,boy makes this         
communication to his  master at the     
earliest moment he has an opportunity of
 speaking to him4    8,several of the   
congregation afterwards applied to me1  

and at their  request ,i went to ,mr4   
,church on the #ith of ,october40       
,but1 ,gentlemen1 the #ith of ,october  
is not the first time that this matter  
was mentioned2 for it appears to have   
been in circulation at the time  that   
,mr4 ,church wrote the letter which has 
been given in evidence4    8,that was   
the first communication ,i had with ,mr4
 ,church on the subject4  ,church said  
he took it extremely kind of me in      
calling upon him4  ,i said  he might    
take it as he pleased1 as ,i did not    
come willingly1 but that  some of his   
congregation thought that ,i ought to   
see him on the  business40    ,you      
observe1 ,gentlemen1 that it was at the 
request of some of the  congregation    
that he went2 and1 in a subsequent part 
of the evidence1 it  appears that ,mr4  
,thomas1 one of the congregation1 had   
expressly desired  him to call upon the 
,defendant4    8,i told him1 ,i waited  
upon him1 having seen a letter1 wherein 
he denied  three particular points in   

the ,boy's statement4  ,he then denied1 
in the  fleet place1 having taken hold  
of the ,boy1 and in the second1 his     
having  said to the ,boy that he was his
 mistress4  ,the third point ,i didn't  
particularly recollect2 but in the      
course of conversation he admitted  that
 he had been in the ,boy's room4  ,he   
denied that he had had hold of  the     
,boy1 and that he had told the ,boy that
 he was his mistress4  ,i told  him that
 of these two points the ,boy was       
positive1 and ,i had no reason to  doubt
 any thing that he said4  ,the          
,defendant said #8that he was very sorry
  for it2 the worst of it was1 it       
confirmed ancient reports4'0            
,gentlemen1 this is the language of     
,church himself4  ,what those antient   
reports were we have not heard2 we are  
only left to guess at what the          
expression alluded to4    ,upon which   
,mr4 ,patrick said1 8,it did so1 and of 
course10 says he1 8,i told  him that ,i 
should believe all that ,i had heard    

heretofore3 and ,i wished  him a good   
morning4  ,i have never spoken to him   
since2 but ,i have seen  him4--,this is 
an exact copy of the letter dated the   
#fth of ,october1  addressed to ,mrs4   
,hunter40    ,gentlemen1 this letter is 
afterwards read in evidence4  ,mrs4     
,hunter being  called as a witness1 she 
stated that she believed1 from the      
knowledge  that she had of the character
 of the ,defendant's hand-writing1 she  
believes the original from which this   
copy is taken1 was written by him2  and 
,mr4 ,patrick swears that the letter    
from which he took this copy was1  in   
his belief1 in 8the hand-writing of the 
,defendant40    ,now1 ,gentlemen1 upon  
reading this letter1 one is very much   
struck1 not by  what it contains1 absurd
 as it is in some respects1 and         
containing  something like a profane use
 of the sacred name of the ,saviour1 but
 at  the absence of what one certainly  
might naturally expect to find in the   
letter of a person writing to a friend1 

and one of his own congregation1  upon  
this subject4  ,what is so natural as   
that he should most explicitly  and     
peremptorily deny the whole accusation  
and charge1 and rest with  confidence   
upon his own innocence and the character
 which he bore amongst  his             
congregation4  ,but instead of that1 he 
envelopes the matter in a  sanctified   
discussion1 such as has been read to    
you1 dwelling upon the  sacred name of  
our ,saviour in a very indecent manner4 
,i shall read this  letter to you again2
 and if you find any thing in it which  
can be  construed into an express denial
 of the circumstances charged against   
him1 ,i am sure it will make a proper   
impression upon your minds4  ,i  confess
 ,i can find no such denial4  ,he says1 
8,i am able to contradict  three        
things0--one of which is laying hold of 
the boy's person1 and the  other the    
speaking of his mistress4  ,the third   
point1 ,mr4 ,patrick does  not          
recollect4  ,but1 you will observe1 he  

did not deny being in the room3  that   
seems to be a fact now undisputed4  ,the
 letter is in these words3--            
,oct4 #f1 #ahaf4        8,dear ,mrs4    
,hunter--,my heart is already too much  
affected4  ,your letter      only added 
affliction to my bonds2 but ,i forbear4 
,i would have      called on you this   
morning1 but ,i was too low in mind to  
speak to any      friend but ,jesus4    
,there ,i am truly comfortable4  ,pardon
 me4  ,but ,i      make no remarks on   
what you have been told4  ,i must bear  
it4  ,though      ,i am able to         
contradict these things1 ,i would rather
 not4  ,mr4 and      ,mrs4 ,patrick have
 always dealt kindly to me4  ,i am only 
grieved that      dear ,mrs4 ,p4 whom ,i
 really love1 that she should try to    
injure me in      the estimation of     
those who are real friends to my dear   
children4      ,the thought affects me1 
,why hurt my poor family8  ,but ,i am   
too much      depressed to enlarge4  ,i 
shall never forget their kindness4  ,god

 will      reward them1 as he has many  
who have dealt well to me4  ,but he will
      resent cruelty in those who have  
and are still trying to degrade me4     
,mrs4 ,p4 will live to see it4  ,dear   
,mrs4 ,hunter1 ,i am grieved at         
heart4  ,i can not relieve your mind4   
,i am truly sorry to lose you as      a 
hearer1 because your soul has been      
blessed1 and you know both the          
plague of the heart and the value of    
,jesus4  ,may he be increasingly        
precious to you6--in his person1 love1  
and grave4  ,farewell1 my dear      kind
 friend4  ,the ,lord ,jesus will reward 
you for your love to me and             
kindness to mine4  ,god is not          
unrighteous to forget your work of      
faith and labour of love4  ,with many   
tears ,i write this4  ,may we meet      
in glory1 when no enemy shall distress  
my mind1 nor sin1 nor death      shall  
part us more4  ,i need not remind my    
dear friend that ,i am a      child of  
peculiar ,providence40    ,this is very 

extraordinary4  ,whether he considers   
himself as privileged  above the rest of
 mankind1 ,i know not3 but it should    
seem that he does4  ,he says3        8,i
 am a child of peculiar providence3 and 
that ,heart of ,eternal ,love1      and 
that ,arm of ,invincible ,power1 has    
protected me--has called me to          
himself--and for every act of straying1 
will correct me40    ,therefore1 he     
admits that he is subject to the        
punishment of the ,divine  ,being4      
,whether he is exempt from the temporal 
jurisdiction for his  crimes or not1    
seems to be a matter of doubt with him3 
for he says1--        8,in every act of 
straying1 ,god will correct me with his 
own hand2 but      will resent every    
other hand sooner or later40    ,so that
 he admits that for his offences1 or his
 8acts of straying10 as he  is pleased  
to call them1 ,god will punish him with 
his own hand2 but that  no other hand   
will punish him4  ,the letter           
concludes--        8,this you will live 

to see4  ,adieu1 dear friend3 accept the
 starting      tear1 and the best wishes
 of an heart sincere4                   
8,your's1 truly1                        
8,till we shall meet above40            
,gentlemen1 this is his letter4  ,if it 
had been a full and explicit denial  of 
the whole charge1 it would have been    
more favourable to him4  ,one is  sorry 
to see the name of the ,divine ,being   
mixed up with so indecent and           
abominable a story4    ,mr4 ,patrick    
goes on to state that he denied having  
had hold of the boy1  but he admitted   
that he was in the room2 upon his saying
 to the ,defendant  that as to the two  
points in question1 the boy was         
positive1 and that he  had no reason to 
doubt any thing that the boy said1 the  
defendant replied  that he was sorry for
 it1 because it confirmed ancient       
reports4  ,the  witness said1 8it did   
so20 and he told him that he should now 
believe all  that he had heard          
heretofore1 and he wished him a good    

morning4  ,he says1  8,i never saw him  
afterwards to speak to him4  ,this is an
 exact copy of  the letter dated #fth   
,october1 #ahaf1 addressed to ,mrs4     
,hunter4  ,i took an  exact copy of it  
myself4  ,i did not read the copy of the
 letter to the  ,defendant1 for ,i had  
not the copy with me at that time4      
,with respect to  the letter ,i told him
 that ,i wished to know what the three  
things were  that he could deny4  ,i do 
not recollect the third point2 it is not
  material1 he admitted being in the    
room1 but denied the laying hold40      
,he is asked in what terms the          
,defendant admitted that he was in the  
room1  and he said the ,defendant said1 
8,i was in the room1 but ,i did not lay 
hold of the boy40  ,he did not say why  
he was in the room4  8,i returned  the  
letter of the #fth of ,october to ,mrs4 
,hunter1 from whom ,i received  it40    
,on his cross-examination he says3--8,i 
mean to say that the ,defendant said    
distinctly that he was in the room4  ,i 

never said to any person after ,i  had  
seen ,mr4 ,church that ,i thought he was
 not implicated at all in the  charge4  
,i gave a person named ,thomas an       
account of the conversation ,i  had with
 the ,defendant1 but ,i never           
accompanied that account with the       
observation 8he is not implicated0--nor 
to any person4  ,mr4 ,thomas went  with 
me to ,mr4 ,church's house1 but he did  
not go in4  ,mr4 ,thomas is not a       
friend of mine4  ,mr4 ,thomas walked    
with me to the door4  ,it was his       
wife's wish and my wife's that ,i should
 make the application to the            
,defendant4  ,mr4 ,thomas walked with me
 as far as the door of the  ,defendant1 
but he did not go in4  ,after ,i came   
out from ,mr4 ,church's ,i  had some    
conversation with ,mr4 ,thomas1 and ,i  
told him partly what had  transpired4   
,it was very short what did transpire4  
,i think ,i told ,mr4  ,thomas that the 
,defendant admitted his having been in  
the boy's room1 but  ,i am not very     

positive as to that point4  ,i know ,i  
told him that ,mr4  ,church said he did 
not lay hold of him4  ,i never made any 
such answer to  ,mr4 ,thomas as that ,i 
thought ,mr4 ,church was not at all     
implicated0--nor  any thing conveying   
that meaning4  ,i never told him        
directly or  indirectly that there was  
nothing to implicate ,mr4 ,church4  ,i  
never told  ,mr4 ,thomas or any other   
person that ,i would prosecute ,mr4     
,church for this  crime1 because he had 
said disrespectful things of my wife3   
but ,i think ,i  told ,mr4 ,i would     
prosecute the ,defendant for the        
defamation of my wife's  character4     
,but this was a considerable time after 
the transaction in  question4  ,i think 
,i did inform ,mr4 ,thomas that ,i would
 prosecute the  ,defendant for the      
defamation of my wife's character4      
,the next witness called is ,mrs4       
,hunter1 and she says--8,i am one of the
  congregation and a hearer of ,mr4     
,church4  ,i received a letter1 dated   

the  #fth of ,october1 but it had no    
name subscribed to it4  ,i cannot tell  
from  whom it came4  ,it had no place of
 abode or signature1 except the day of  
the month4  ,i put that letter into the 
hands of ,mr4 ,patrick1 at least ,i     
gave it to ,mr4 ,patrick's daughter1 who
 gave it to her father4  ,that  letter  
was returned to me1 but ,i took no      
further notice of it4  ,after the       
letter was returned to me1 ,i put it    
into a drawer1 and ,i do not know what  
is become of it4  ,i looked for it on   
the ,thursday morning before ,i came    
here1 but ,i was unable to find it4  ,i 
searched diligently for it1 but ,i      
could find no trace of it40    ,under   
such circumstances1 ,gentlemen1 the     
original letter having been  searched   
for1 and not being to be found1 that1 in
 point of law1 lets in  the copy of it1 
which could not be admitted as evidence 
as it existed4  ,she is then asked      
whether the letter received was in the  
hand writing of  ,mr4 ,church8 and she  

says1 8,i have seen his writing4  ,i    
have seen him  write in different hands4
  ,he does not write always the same4   
,i don't  mean to say exactly that he   
wrote in different hands2 but there was 
such  a difference in the same          
hand-writing that one would hardly think
 it was  the same4  ,i rather think that
 letter was in ,mr4 ,church's           
hand-writing1  but ,i could not be      
positive as there was no name to it4  ,i
 cannot say  positively whether it was  
or was not his hand-writing4  ,i        
believed then  it was his hand-writing1 
and ,i still believe the same4  ,i did  
not  communicate the letter to any body 
but ,mr4 ,patrick1 and ,i told him that 
,i  had received a letter from ,mr4     
,church4  ,the search ,i made for the   
letter  was last ,thursday4  ,i know    
nothing of it1 and ,i have no reason to 
believe  that it is now in existence4   
,i did not leave a drawer or a place    
unsearched40    ,mr4 ,patrick is again  
called1 and says that he knew the hand  

writing of  the ,defendant in ,october  
last4  8,i copied this letter from the  
letter ,i  had from ,mrs4 ,hunter4  ,i  
believe that the letter from which ,i   
made this  copy was in ,mr4 ,church's   
hand writing40    ,gentlemen you have   
had that letter read to you2 and this is
 the ,case on  the part of the          
,prosecution4    ,on the part of the    
,defendant1 ,gentlemen1 it is observed  
as matter of  surprise that the         
,prosecutor's ,counsel have not called  
the female servant  as a witness4  ,it  
is very true she was not called1 but it 
was open to the  ,defendant to have     
called her1 and undoubtedly if his      
,counsel thought that  any examination  
of hers would have been beneficial to   
him1 we must  presume that she would    
have been called4  ,the ,bed-room door  
of the  servants1 it is observed1 was   
ajar2 and it is contended that one of   
the  servants might have been the person
 who went down stairs to the young      
man's room3 and it is further contended 

that there was such a deficiency  of    
light that it was impossible for the    
,prosecutor to identify with  certainty 
the person who entered his apartment4   
,now whether there is any  thing in the 
observation as to the deficiency of the 
light1 it for you to  judge2 but this   
remark fairly arises from the           
circumstance of the maid's  ,bed-room   
door being a-jar4  ,it is most likely   
that if either of them came  out of the 
room for any improper purpose1 she would
 have shut the door  after her3 and it  
is to be recollected that one of the    
servants was the  ,boy's own ,sister4   
,it is observed likewise as matter of   
surprise1 that  ,mrs4 ,patrick is not   
called4  ,gentlemen1 it would be very   
disrespectful to  ,mrs4 ,patrick to put 
such a question to her1 as whether she  
offered these  indecencies to the ,boy2 
but if the ,defendant's ,counsel thought
 that she  could not have stood that    
examination1 as ,i have repeatedly told 
you1  they might have called her4    ,on

 the part of the defendant1 they called 
,mr4 ,thomas1 and he says1 8,i  live in 
,prospect ,place1 ,west ,square1 ,st4   
,george's ,fields4  ,i am by  business1 
an appraiser and undertaker4  ,i know   
the defendant ,mr4 ,church4  ,i was one 
of his hearers4  ,i was acquainted with 
,mr4 ,patrick1 but not  until the report
 was made respecting ,mr4 ,church4  ,i  
can't say that ,i have  ever seen him   
attending ,mr4 ,church1 as one of the   
congregation4  ,i went  with ,mr4       
,patrick the day he went to ,mr4        
,church's house4  ,it was the #ith  of  
,october1 a few days after the report4  
,i did not go into the house  with him4 
,i stood outside the door4  ,i learned  
from ,mr4 ,patrick1 that he  was going  
to ,mr4 ,church upon the subject of this
 business4  ,he told me he  had a letter
 of ,mr4 ,church's1 and was going to him
 to make inquiries4  ,he  called upon me
 at my house too with him1 and he told  
me he was going upon  the business of   
this inquiry4  ,indeed1 it was at my    

request that he  should40    ,so that   
you see1 ,gentlemen1 it was not the     
voluntary intrusion of ,mr4  ,patrick   
upon ,mr4 ,church1 when he went to his  
house2 but it is in  compliance with the
 request of some of the ,congregation4  
,he says 8,mrs4  ,thomas went to speak  
to his wife1 and it was at my wife's and
 his wife's  request that he went4--,the
 interview with ,mr4 ,church lasted near
 an hour4  ,it seemed to be a long      
while1 not much less than an hour1 as   
near as ,i  can guess the time4  ,when  
he came out ,i put some questions to him
  respecting what had passed between him
 and ,mr4 ,church3--,i asked him what   
,mr4 ,church had said8 and he replied   
that ,mr4 ,church did not say           
anything40    ,now1 ,gentlemen1 it is   
impossible that ,church could have said 
nothing1 for  it is not very likely that
 ,mr4 ,patrick would be occupied for an 
hour  hearing himself4    8,he said ,mr4
 ,church seemed very much confounded on 
account of the cause1  but said noting40

    ,certainly1 ,mr4 ,thomas1 from the  
nature of things1 must be incorrect1 for
  it is impossible that ,mr4 ,patrick   
could be an hour in conversation with   
,mr4 ,church1 and that the latter should
 say nothing4  ,mr4 ,patrick could  not 
be an hour in conversation with himself4
    8,he said ,mr4 ,church seemed very  
much confounded on account of the cause4
  ,he 7,patrick7 seemed to insinuate    
that it would be injurious to the cause 
,god4  ,he did not say1 8the cause10 but
 ,i only suppose he meant the cause  of 
,god4  ,i asked whether ,church had said
 any thing1 and ,patrick said  8,no40   
,he said he seemed very much confused4  
,i said1 what do you mean8  ,if there is
 any thing against the man1 do you think
 ,i would not have been  faithful to him
 and have charged him with it8  ,mr4    
,patrick said1 he did  not know any     
thing about that1 and that he was not   
the proper person4  ,he  said1 8,i don't
 know1--,i am not so proper as you40  ,i
 said to him1 8what  did he say         

respecting the report80  ,he said it was
 false4--,patrick himself  said the     
report was false4  ,i then said1 8what  
did ,mr4 ,church state  respecting its  
having been reported that he was in     
liquor80  ,mr4 ,patrick  replied1 8that 
that was false1 and that there had been 
a great deal of  exaggeration4  ,i never
 put the question to ,mr4 ,patrick1     
8whether he  thought that ,church was   
implicated in the transaction or not80  
,i never  used these words or any to the
 same effect4  ,i put these words to    
him1  8,why10 says ,i1 8,you did        
nothing4  ,did ,mr4 ,church acknowledge 
nothing to  you80  8,no1 ,sir10 says he1
 8he did not40  ,i said1 8as you can    
bring  nothing against him1 let us pray 
for him1 if he was under any such       
temptation40    ,the phrase which the   
witness uses seems to signify that the  
,defendant's  disposition was not very  
proper4  ,what occasion was there to    
pray for him  not to be guilty of such  
an offence8  ,what temptation could     

there be to a  moral man to excite him  
to the commission of so unnatural a     
crime8    8,mr4 ,patrick never delivered
 any opinion to me1 whether he thought  
,church  was implicated in the          
transaction or not4  ,nothing more      
passed at the  meeting40    ,on his     
cross-examination he said1 8,i heard of 
this business two or three  days after  
it happened4  ,my wife and ,i were      
desirous that ,mr4 ,patrick  should go  
to ,mr4 ,church's4  ,mr4 ,patrick       
brought the boy to me1 in order  to have
 him brought face to face with ,mr4     
,church4  ,mr4 ,patrick said that  the  
boy was outside4  ,he did not           
particularly wish me to see the boy2 but
  ,i certainly supposed that he brought 
the boy for the purpose of going to     
,mr4 ,church's house4  ,mr4 ,patrick and
 ,i went together1 and the boy          
followed4  ,the boy did not go in with  
,mr4 ,patrick4  ,he staid outside the   
door4  ,he walked on the other side of  
the way4  ,he waited whilst ,i  waited4 

,we both waited outside40    ,now1      
gentlemen1 there is something in the    
manner in which this person  gave his   
evidence1 which leads me to conclude    
that he has not given a  correct        
representation of all that had passed   
between him and ,mr4  ,patrick2 in the  
first place he says1 that ,mr4 ,patrick 
told him that ,mr4  ,church now said    
nothing4  ,now that is most             
extraordinary4  ,can it be  believed    
that ,mr4 ,church had said nothing1 or  
that ,patrick had told the  witness so8 
,well1 then1 as to the rest of his      
conduct1 ,mr4 ,patrick had  brought the 
source of his own information1 namely   
the boy1 to the  witness1 in order that 
the person who brought forward the      
accusation  might by examined by ,mr4   
,thomas himself1 if he chose to inquire 
into the  subject4  ,mr4 ,patrick       
brought him to go to ,mr4 ,church's1 and
 the boy and  ,mr4 ,thomas were left    
outside the door2 for he says1 8,he and 
,i waited  outside of the door30 but    

,mr4 ,thomas never thinks it worth his  
while to  ask the boy a single question4
  ,he never troubles himself to examine 
into  the extent of the charge1 or      
inquire into the foundation of it4  ,but
 he  says1 8,mr4 ,patrick was to go in  
and learn what ,mr4 ,church said2 and   
then  the boy and ,i were to go in too4 
,mr4 ,patrick took the boy with him1 in 
order that he might be taken in to see  
,mr4 ,church face to face4  ,he  brought
 the boy with him1 and ,i suppose that  
was his intention4  ,i  declined        
introducing the boy to ,mr4 ,church1    
because ,i had no particular            
acquaintance with ,mr4 ,church4  ,i was 
only one of his hearers2 and ,i  thought
 it was too great a liberty for me to   
speak to him upon the  subject4  ,mr4   
,patrick wanted me to go into ,mr4      
,church first40    ,why1 ,gentlemen1 who
 was more proper to inquire into such a 
subject1 than  a person who attended the
 defendant in the celebration of divine 
worship8  ,but ,mr4 ,thomas says1 he    

thought it would be an obtrusion for him
 to go  into ,mr4 ,church's house4      
,what obtrusion could it be in a case of
 such  momentous consequence1 where the 
character and honour of his spiritual   
teacher were at stake8  ,why send ,mr4  
,patrick if it was an obtrusion1 and  if
 the matter was of so delicate a nature8
    ,well1--he goes on to say1 8,i      
suppose the purpose of bringing the boy 
was1  that he should be introduced to   
,mr4 ,church--,i have no doubt about it4
  ,i  don't know any other reason for   
his being brought--,i don't know that   
,mr4  ,patrick said that was his reason4
  ,i don't know that he said any thing  
about inviting me to go to with the     
boy--,i don't recollect that he did4  ,i
  don't remember declining to go in with
 ,mr4 ,patrick4  ,i had told him that   
,i had no particular interest in the    
business4  ,i had no more intimacy  with
 ,mr4 ,church except hearing him--,i    
thought that being only a hearer1 my    
visit would be obtrusive4  ,i had no    

particular interest in the affair1  and 
therefore ,i declined going in1 or      
taking the boy with me4  ,i saw no      
necessity1 if the defendant did not     
acknowledge himself guilty of any  thing
 bad4  ,though the boy was there1 ,i had
 not the curiosity to examine  him1 it  
being a delicate subject4  ,i did not   
see the importance of coming  at the    
truth of the case1 as ,mr4 ,church did  
not confess any thing2 but if  ,mr4     
,church had confessed any thing1 ,i     
should have thought it my duty to  take 
the boy in1 and have them face to face40
    ,this1 ,gentlemen1 is a most        
extraordinary account which ,mr4 ,thomas
 gives  of himself4  ,if he found ,mr4  
,church guilty1 he would have confronted
 the  boy with him6  ,but if he denied  
his guilt1 he would not think it        
necessary to examine the boy6  ,one     
would have thought that a sense of      
justice to the defendant1 in such a     
case1 would have prompted him to        
enquire whether the charge was not      

founded in malice4  ,but no2 with the   
opportunity of questioning the boy on   
the spot1 he leaves the matter          
untouched4    ,he says1 8,when ,mr4     
,patrick came out and said that ,mr4    
,church did not  acknowledge any thing  
of it1 he did not think it necessary    
then to have  the boy in40  ,he says1   
8,i never spoke to the boy2 ,i never    
asked ,mr4  ,patrick1 nor did he give   
any opinion about whether ,mr4 ,church  
was  implicated in the transaction2 but 
in answer to particular parts of the    
transaction1 he said ,mr4 ,church       
asserted that it was false4  ,i never   
saw  the letter sent to ,mrs4 ,hunter   
about the three points of denial40      
,the next witness called is ,james      
,reeves2 and he says1 8,i was the ,clerk
  attending the ,magistrate when this   
charge was made at ,union ,hall4  ,the  
,magistrate was ,mr4 ,serjeant ,sellon4 
,the examination took place on the      
#aith ,november4  ,this being a charge  
of misdemeanour1 no account was         

committed to writing of what the        
witnesses said4  ,it was merely an entry
  of the names of the parties and the   
result4  ,in the first instance1 the    
depositions were taken down upon which  
the warrant was granted1 but ,i had  no 
instructions to bring the book in which 
that examination appears4  ,there was an
 examination afterwards1 when the       
defendant was ordered to  find bail1 but
 the evidence was not then taken down40 
,mr4 ,wood is the last witness1 and he  
says1 8,i was present at the            
examination of ,church before the       
magistrate1 ,i am a hatter near the     
,elephant and ,castle4  ,i did not take 
down the testimony of the witness in    
writing4  ,freemantle's boy said that he
 went into the ,pottery and told  the   
,potter that there were thieves in the  
house2 and the ,potter and he  came to  
search the house4  ,he was asked by ,mr4
 ,sellon whether or no he  searched the 
room where ,mr4 ,church slept1 and he   
said no1 he did not  search that room4  

,mr4 ,sellon said 8why not search the   
room80 and the  answer he gave was 8that
 the ,potter wished to break the door   
open40  ,mr4  ,sellon said 8did you try 
the door to see whether it was open     
before you  talked of breaking it open80
 he said 8no1 he did not wish to disturb
 his  ,mistress40  ,i cannot charge my  
memory whether1 whilst the ,potter was  
examined1 he said any thing about what  
the alarm was1 that the boy  ,foreman   
gave him40    ,now1 gentlemen1 this is  
the whole of the evidence on both sides1
 if you  don't find any material inroad 
in the examination of either the boy or 
,mr4 ,patrick1 you will have to say     
whether the ,defendant be or be not     
guilty1 upon their evidence you will    
have to say whether you believe the     
boy's statement1 which is in substance  
this1--that when he was asleep he  was  
awakened by the indecent application to 
his person and his private  parts1 of   
some person's hand1 who said1 in a      
feigned female voice1 8,adam  don't you 

know me1 ,i am your ,mistress40  ,the   
boy swears most positively  that the    
voice was that of the defendant1 and he 
also swears to his  person1--taking this
 along with you1 that there was no other
 male in the  house4  ,the point for    
your consideration is1 supposing this   
attack to be  made upon his person1 was 
it made with the abominable intention   
charged  in this ,indictment8  ,if you  
are of opinion that the person who made 
this  attempt made it with an intention 
to commit the crime alledged1 then the  
next question for your consideration    
is1--was it made by the defendant ,mr4  
,church8  ,the prosecutor says1 that he 
had an opportunity of observing the     
person who entered the room3 he was a   
man of the defendant's size2 it was  not
 the person of ,mrs4 ,patrick nor of the
 maid1 and there was no other  man in   
the house4  ,the other material evidence
 is1 that of ,mr4 ,patrick1  who states 
the communication which he had with the 
defendant--he says1 the  defendant      

contradicted three particulars of the   
boy's statement3 but1 the  contradiction
 does not go to the fact of his having  
been in the room4  ,he  admits that he  
was in the room4  ,then if he was in the
 room for what  purpose was he there8   
,what excuse is there to be found for   
his being in  the room8  ,if he was in  
that room1 for what other object could  
he be  there than that which this boy   
states8--,can you suppose that the boy's
  story is the mere invention of his own
 brain1 or the creature of his own      
imagination8  ,if you find the fact     
admitted on all hands1 that the         
defendant was there1 for what earthly   
purpose could he be there1 than  that   
imputed to him8  ,gentlemen1 the whole  
is for your consideration4  ,i  have no 
doubt you have paid great attention to  
the proofs both on the  part of the     
prosecution and that of the defence4    
,you will lay your heads  together1 and 
,i am persuaded1 you will pronounce that
 verdict1 which your  conscience        

dictates1 and the evidence requires4    
,the ,jury immediately found the        
,defendant ,,guilty4                    
99 99 99 99 99          ,just published1
 price ,fourpence 7entered at           
,stationers' ,hall71                    
,,hay ,,and ,,turner',s ,,genuine       
,,edition ,,of    ,,the ,,infamous      
,,life ,,of ,,john ,,church1 the ,st4   
,george's ,fields ,preacher1 from  his  
,infancy up to his ,trial and           
,conviction4  ,with ,,his ,,confession1 
sent in  a letter to the ,rev4 ,mr4     
,l--1 two days after his ,attack on     
,adam ,foreman1  at ,vauxhall2 with     
,remarks on it1 by the same ,gentleman4 
,to which are  added1 ,,his ,,love      
,,epistles ,,to ,e-- ,b--2 with various 
other ,letters1  particularly one to    
,cook1 of ,vere-street ,notoriety6      
,printed and published by ,hay and      
,turner1 ,no4 #aa1 ,newcastle-street1   
,strand2 and may be had of all          
,booksellers4--,none are ,genuine but   
those  published by ,hay and ,turner1   

they having the ,original ,letters in   
their  possession4                      
99 99 99 99 99                          
,hay and ,turner1 ,printers1            
,newcastle-,street ,strand4