Mr. GURNEY.—You must not tell us, Sir, unless you know it of your own
knowledge.
However, he came to sleep there?—Yes.
Did you sleep there that night?—Yes.
Was that the first night he came?—I don’t know whether he had been there
before. I cannot say whether I had seen him there before.
You know that he slept there on the 25th of September, and that you were
there?—Yes.
Where was your master that night?—He was out of town; but where, I cannot
say.
Who slept in the house that night?—Mr. Church, my mistress, the children,
and the two maid servants.
Was there any other man in the house, except yourself and Church?—No.
Where was your bed room?—The front parlour on the first floor.
That is the ground floor?—It is over the kitchen.
Is that a bed-room in common in the house?—No, it is not.
Then how came you to sleep there?—Because there was not any other
bed-room that I could sleep in.
Was a temporary bed therefore put up for you there?—Yes.
Now, at what time did you retire to rest?—Near one o’clock.
What had kept you up so late?—There was a kiln burning, and I was obliged
to sit up to let the man into the kiln when he came.
Was it necessary for you to sit up to attend that kiln?—Yes; and to give
the key to the man.
Who was that man?—Thomas West.
And you went to bed about one o’clock?—Yes.
Did you go to sleep?—Yes; directly I went to bed.
After you had been asleep, did any thing happen to you?—Yes.
State what it was?—I had not been asleep more than half an hour, before I
was awoke by some one putting his hands under the bed clothes, and laying
hold of my private parts.
In what way?—Laid hold of me very tight.
Did you say any thing, or did the person, whoever it was, say any thing
to you?—Yes. I put my hand out of the bed clothes, and caught hold of
him, and asked him who he was?
What did you say?—I asked him who he was—I said who are you?
And you say you laid hold of him?—Yes.
By what part did you lay hold of him?—As near as I can guess it was the
upper part of his arm.
Upon laying hold of him, what observation did you make? What did you
ascertain from laying hold of the person? Could you tell whether it was
a man or a woman?—I laid hold of his arm, and felt lower down, and found
by the sleeve that he had got a man’s shirt on.
How far did you feel lower down?—I had a hold of him by the upper part of
the arm, and running my hand down to the wrist, I found he had a man’s
shirt on.
Could you tell whether the wrist was buttoned?—Yes.
Was it buttoned?—It was.
Could you tell at all by the feel of the arm itself, whether it was the
arm of a man or a woman?—I knew very well it was a man.
Could you tell that from the feel of the flesh?—I could not tell that.
By Lord ELLENBOROUGH.—You knew it was a man—By what circumstance?—Because
he had got a man’s shirt on.
You knew it was a man by the shirt?—Yes.
By Mr. BOLLAND.—Did the person say any thing to you in answer to what you
said?—He answered—“Adam, don’t you know me? I am your mistress,” in a
faint voice, like a woman.
And was it the voice of your mistress, Mrs. Patrick?—Oh! no, sir!
Could you tell whose voice it was?—Yes; I knew the voice directly I heard
it.
Whose voice was it?—Mr. Church’s.
What did you do afterwards, and what did he do?—He fled from the room
directly.
When you use the word _fled_, what do you mean by that?—He went out of
the room.
The word _fled_ indicates more than merely going out of the room; did he
go out in a hurried manner?—He went out in a hurried step.
Upon his going out what did you do?—I got out of bed, and put on my small
clothes and shoes, and went to the man up at the kiln.
What did you do first—when he went out of the room—what did you first
do?—I got out of bed, and put on my small clothes and shoes.
Did you see him go out of the room?—Yes. As he opened the door I saw by
the lamp that it was Mr. Church, and he had only his shirt on.
Where is that lamp that enabled you to see the person of Church?—Outside
of the door.
What door do you mean?—Outside of the front street door.
In the street?—Yes; on the Terrace.
And that lamp throws a light through the fan-light of the hall door?—Yes.
By Lord ELLENBOROUGH.—The lamp is at the street door?—Yes, my Lord.
By Mr. BOLLAND.—Is it a gas light or a parish light?—It is a parish lamp.
It is not one of the new lights?—No.
It is not a gas light?—No.
By Lord ELLENBOROUGH.—Where were you standing at the time?—I was getting
up, my Lord.
By Mr. BOLLAND.—Did you go out of your room?—Yes, I did.
By Lord ELLENBOROUGH.—You say that when he went out of the room, you saw
it was Church, by the lamp: what lamp do you mean?—The lamp at the door.
What door?—The street door.
Where were you when you saw Church at that time by the light of the
lamp?—In bed, sitting up. I had not then left my bed.
You must have opened your door?—No, my Lord; Church did that.
By Mr. BOLLAND.—Whoever the person was, he left the door open, and you
saw him go out through that door; and then you observed that he had a
shirt on?—Yes.
The shirt or dress of a man is much shorter than that of a woman, and
therefore you must have seen whether it was a shirt or a shift?—It was
the shirt of a man, I am sure.
Did you see his face at all?—No, I did not. His back was to me.
When he was gone, what did you do?—I then got up and put my small clothes
on, and shoes, and went into the pottery.
What for?—To get the man to come up to the house.
Did you inform any body of what had happened?—Yes; I told Thomas West of
it.
By LORD ELLENBOROUGH.—He was in the pottery?—Yes.
By Mr. BOLLAND.—Was that the Thomas West that was in the pottery before
you went to bed?—Yes.
_Cross-examined by_ Mr. GURNEY.
The person, whoever it was, you say left the door open behind him?—No; he
opened the door and went out.
Did he shut the door after him?—Yes.
Is that so?—Yes.
Then, if he shut the door after him, how did that enable you to see any
thing by the light?—When he opened the door I saw him.
There was no light in the room?—No.
The light, as you say, came from a lamp on the Terrace?—Yes.
How far is that lamp from the door?—Between five and six yards from the
door on the Terrace.
The Terrace on which your master’s house is situated, is a row of houses
raised above the road?—Yes.
And the lamp is upon the Terrace opposite the door.—Yes.
And about five or six yards from the door?—Yes.
The light which it given to your passage is, I suppose, through the
fan-light over the door?—Yes.
Then you mean to say that the light which came through that fan-light
into your passage enabled you to see who it was, before the person had
left the room?—When he opened the door and went out I saw him.
You say that the person, whoever he was, shut the door immediately
afterwards?—Yes; but I could see him when he opened the door.
Did you see the face of the person?—No.
How then can you pretend to say that you knew who that person was?—I saw
that the person had a shirt on.
Do you mean to say that you can distinguish a shirt from a shift or a
bed-gown?—I saw that it was a shirt.
I should imagine that on an occasion of this sort you were a little
frightened?—Yes, I was rather alarmed.
Waked out of your sleep in this way, you were of course rather
alarmed.—Did it not take place all in a minute?—Yes, it was not long
about.
Did it not take place almost instantaneously?—I don’t know how long he
had been there before I awoke.
From the moment you awoke, did it not take place as fast as
possible?—Yes.
Now, you say you went directly to West?—Yes.
West and you directly came and searched the house for thieves?—Yes. We
did not know whether any body had got in or not.
And went and looked at every chamber door in the house?—Yes; except Mr.
Church’s and my mistress’s.
Did you not look at the door of Mr. Church and that of your
mistress?—Yes; but we did not open them.