Mr. MARRYATT then replied to the Defendant’s case, as follows:—

May it please your Lordship, Gentlemen of the Jury—My learned Friend has

almost admitted the case on the part of the Prosecution, in the nature of

his address to you, by saying, in effect, that if you believed Mr. Church

to have gone into the boy’s chamber at that unseasonable hour of the

morning, he could hardly come there for any purpose but that ascribed to

him by this Indictment. At least, if my Learned Friend did not make that

confession in terms so explicitly as I have given them, certainly he has

not offered in his address to you the smallest explanation of so very

suspicious a purpose. And although I invited him, when I first had the

opportunity of stating this case, to assign any possible reason, except

that which is imputed to the Defendant as matter of crime, why he should

be in the Boy’s room under such circumstances, we have had no motive

assigned, nor any suggestion of apology or excuse offered for such

conduct.

There is an improbability in this case it is contended; because there had

been no overture of the same description made to the lad before this

period, nor any circumstance, by which an indication of the Defendant’s

unnatural propensities, prior to this transaction, could be inferred.

Gentlemen, we have lived some time in the world, and we have seen that

men, with these diabolical passions, make those overtures, not

unfrequently, to persons they never saw in the whole course of their

lives, until some occasional meeting—sometimes in the Parks—nay,

sometimes, even at public assemblies; and yet so extraordinary is the

phrenzy with which men of these propensities are hurried, there is no

accounting for their conduct on these occasions: certainly there is no

amounting for the conduct of this Defendant in going into the boy’s

chamber, except that which his abominable and unnatural lusts can

suggest, and which are imputed to him by this indictment. Gentlemen, in

the first place, was he there? Why it is suggested that the boy’s fright

had magnified the powers of his vision, and that he must have mistaken

the Defendant for his mistress, or for the maid servant, who slept with

his sister. Now, Gentlemen, we have it in evidence that Mr. Church is a

man near six feet high: a man of considerable size, and distinguishable

from the boy’s mistress, who is a little feminate figure; and also very

distinguishable from the maid servant, whom my learned friend, Mr.

Gurney, wishes you to infer was the person who entered the prosecutor’s

room, because the maid’s chamber door was not shut; although there was no

question asked by the Defendant’s Counsel, as to the intimacy of this

young man with that servant maid. I admit that the servant’s door was

not fast; but my Learned Friend did not inquire whether the servant’s

door had been left open or fastened, when the servants went to bed; nor

was any inquiry made whether the lock of that door was defective, as

sometimes happens to be the case with the servant’s rooms in a

gentleman’s house; for deficiencies of that description are not so

immediately remedied as in the more preferable rooms of the house.

Gentlemen, could the young man by any possibility mistake the female

figure of the maid servants or of his mistress, for the man he

described—a man that is of considerable size—near six feet high, and a

very striking object in point of height? Most unquestionably there is no

pretence for supposing, that there could be any body else but Mr. Church

in the room at that time. Now what is the conduct of the young lad on

that occasion? He goes down to West, the potter, immediately, and states

to him, that Mr. Church had behaved indecently. I admit that, in the

course of conversation, he mentioned some of the particulars of what

occurred, which the potter says he does not recollect. The boy goes on

further, and states particulars that he had related to the man, which the

latter says had not been mentioned to him; and what is more probable,

than that in giving an account of a conversation which took place so long

ago as the month of September last, that the one may add half a sentence

which the other does not remember? But was not the statement that the

lad made at the time to the second witness, West, (though the latter does

not recollect the whole of what passed) that Church came into his

chamber, and conducted himself with indecency towards him? They then

return to the house; the lad and he examine the house for the purpose of

ascertaining whether any body else is there; no other male person

sleeping in the house; and they find all secure and safe; and yet it is

to supposed, that they went in search for thieves! 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 opened, nor was there any aperture at which a thief could gain

admittance. It is clear, therefore, that there was no other male in the

house except Church, the party indicted; nor is there now any colour for

supposing that there was any body else there of his sex but himself.

But, it is said their object was to search for thieves, and that the

alarm was for thieves, and that the Boy, when he went before the

Magistrate, gave some account about searching for thieves. Why, in his

examination here to-day, when he was asked whether he and West did not go

back together to the house and search for thieves, he very naturally

said, “Yes, Sir:” but why did he give that answer?—Because there was

another proposition put to him, which appeared as material as that with

respect to the search for thieves, and accordingly he answered in the

affirmative. It is true that he did admit at first, that he went to

search for thieves; but when he came to give the explanation to the

answer, he states that he did not particularly search for thieves; and

after a little cross-examination by the same Learned Counsel, it appeared

that the object was not to search for thieves, but merely to ascertain

that there was no other man in the house that could possibly commit this

indecency, this outrage against religion, morality, and nature. But the

man who was called last, named Wood, is called to state something that

passed before the Magistrate; and, according to his representation, there

was something said about going to search for thieves. It is observable,

however, that he did not take up the whole story told in the testimony of

the lad, nor did my Learned Friend examine him as to the anterior part of

his statement: and from this it must fairly be inferred, that the most

material part of the boy’s testimony given to-day, and that given before

the Magistrate, was consistent, and not to be shaken. For you may be

quite certain, Gentlemen, 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 statement; it is a decided

proof that the most important part of the case is not to be shaken, and

is incapable of contradiction. The material part of the evidence remains

untouched by any shadow of doubt as to its credibility. My Learned

Friend rests satisfied with the contradiction upon the subject of what

passed between the Potter and the Boy, but which, I say, is wholly

immaterial as it affects his credit; and the only further objection he

makes to his testimony is, that his evidence of to-day does not

correspond, in some minute particular, with his examination before the

Magistrate. For the reasons, however, which I have given you, Gentlemen,

you will dismiss these trifling matters from your serious consideration.

But it seems that Mr. Patrick has been guilty of some mis-statement as to

what occurred in the early stage of this proceeding; and we have Mr.

Thomas called, as it is said, for the purpose of contradicting him, as to

the result of some conversation which passed between them after the

interview at Mr. Church’s house. Gentlemen, it is some what singular

that Mr. Thomas, who was one of the Defendant’s hearers, and interested

himself so much in this case, that when the boy is brought to give him

information as to the complaint which he had to make against Mr. Church,

he does not make the least inquiry into the lad’s account of the

transaction, nor does he express any desire that the lad should be

introduced to Mr. Church. We have it in evidence from himself, that on

the day when Mr. Patrick called upon Mr. Church, he waited with the lad

on the outside of the house; and although Mr. Patrick brought the boy for

the express purpose of having him confronted face to face with the

Defendant, still Mr. Thomas does not ask a single question of the lad,

nor does he go into any examination upon the subject.

Gentlemen, that this case was immediately blazoned about very early is

clear, though it was not carried before the magistrate so soon; because

we find that when Mr. Patrick came home on the Thursday night, though he

did not speak to the boy until the next day, the Friday, yet the subject

was generally mentioned to his wife before he returned, and therefore the

matter might have got wind before it was fully explained by the boy to

his master on the Friday morning. It is quite clear that it was known to

the congregation on the following sabbath, and according to that letter

which has been read to you, (upon which I make no comments, except so far

as it bears on Mr. Patrick’s testimony), the Defendant, Mr. Church, had

written on the 6th of October to Mrs. Hunter, Mrs. Hunter having

previously written to him on the subject, for he begins by referring to

the letter which Mrs. Hunter had addressed to and expresses regret that

he shall lose her as a hearer in future: so that Mrs. Hunter therefore,

amongst other persons, was acquainted with the rumours, because from him

this letter comes, from which it appears that she had written to him

before; for it begins by stating—“My heart is already too much affected:

your letter only added affliction to my bonds.”—Gentlemen, I only dwell

upon this circumstance in confirmation of Mr. Patrick’s statement, that

Mr. Church could contradict, not the whole of the report, but three

points of the boy’s statement. This letter having come to the knowledge

of Mr. Patrick, in which these three points are alluded to, and being

desired by some of the congregation to pay the Defendant a visit, he

accordingly resolves to call upon him. On that occasion he introduces

himself by stating, as the apology for his calling, that he had seen a

letter from the Defendant, in which he stated that he could contradict

certain points of the boy’s story. The Defendant you will observe does

not contradict the fact of his having written such a letter, but he goes

into an explanation with the witness as to what are the points of

contradiction; and then he states that so far as his having laid hold of

the boy, and his having told the lad that the person who addressed him

was his mistress, the whole was a mis-statement; and these, Gentlemen,

are the only points of denial upon which the Defendant rested in his

interview with Mr. Patrick, to whom, however, he admitted distinctly that

he was in the boy’s chamber, though he denies the subsequent part of the

transaction, which the boy to-day has solemnly sworn to have taken place.

Now, gentlemen, I ask again, if he was in the boy’s chamber, for what

reason or proper purpose could he by possibility go there? And if he was

in that room, can you have any doubt of the truth of all the

circumstances which the boy has positively sworn?—If it was a person of

the male sex who entered that apartment, it must clearly have been the

defendant; for there was no other man in the house. It appearing

distinctly that Mr. Patrick was absent from home on that night. Then I

ask you, whether there is any ground for disbelieving the boy’s story,

who, immediately after the disgusting scene he has described, goes to the

pottery, tells his story to the workman, and stays there the remainder of

the night, chusing rather to lose his rest than stay in the house with

Mr. Church, under the liability of a further encounter for the same

detestable purpose. The reason which the boy has given for not alarming

the house, is not an unnatural one. We have it in evidence that Mr.

West, feeling a manly indignation at what had happened, manifested a

disposition to pull the unnatural offender out of his bed, and turn him

into the street. But the boy, apprehensive that such an occurrence might

give an alarm to his mistress, persuaded the potter to abstain from his

purpose, and they accordingly did not enter the defendant’s door.

Thus, gentlemen, the testimony of the prosecutor is consistent in all its

parts; for although Church denied some circumstances of the transaction

as stated in his letter read to-day, yet every main and important feature

of the transaction is confirmed by collateral circumstances. Mr.

Patrick’s evidence is a direct corroboration of the boy’s story, from the

moment that the transaction first took place down to his examination of

to-day. But if, gentlemen, as I said before, you feel any reasonable

doubt of the purpose for which the defendant came into the boy’s room, it

is your duty to acquit him; but, on the other hand, if all the

circumstances of the case conspire to imprint upon your mind that the

defendant had clearly no other purpose, but a guilty and unnatural one

when he entered that apartment, it is your bounden duty, disgusting as it

may be, to pronounce a sentence of condemnation, whatever consequences

may result to the defendant in the judgment which he shall hereafter

receive.

The Trial and Conviction of John Church The Preacher of the Surrey Tabernacle, Borough Road, at the Surrey Assizes, at Croydon, on Saturday, the 16th of August, 1817, for an Assault With Intent to Commit an Unnatural Crime. · 第 12 / 13 题