THE CHARGE.

Lord Ellenborough delivered his charge to the jury as follows:

Gentlemen of the Jury—This is an indictment against John Church for an

assault upon the person of Adam Foreman, with intent to commit an

unnatural crime with him. There has been a considerable body of evidence

laid before you, against him as well as for him: and it is for you to say

in the result, after giving that evidence due consideration, whether the

defendant has committed the assault with intent to perpetrate the

atrocious crime imputed to him by the indictment.

Now, assuming the fact to be that Mr. Church was in the room at the time

this offence was supposed to have been committed, that alone imposes upon

him the necessity of giving some explanation for the occasion which

brought him there. If, in addition to the fact of being there, which he

admits, himself, to be true, you should believe the boy further in his

statement that such an overture was made to him, and that the hand of a

man was put upon his private parts in bed, you will have to say with what

other purpose than as an inducement to the commission of an unnatural

crime, it had been placed there. That is, supposing you believe the

facts as stated by the young man. I should apprehend that no reason can

be suggested for such an indecent intercourse (supposing it did take

place) with this man’s person unless it was a prelude or inducement to

the committing of the crime imputed to the defendant. Now the main

question for your consideration will be, whether that which is sworn by

Foreman, and confirmed by Mr. Patrick, is truly sworn. I think too much

stress has been laid upon the circumstance, stated about the searching

for thieves, which it is said, on the part of the defendant, was the

avowed object of Foreman in returning to the house. It was very natural

and highly probable when he apprehended, if he did truly apprehend, that

a male person had come into his room and had accosted him in the manner

he stated, that he should be clearly satisfied before he went farther in

communicating to the potter the indecencies offered to his person, that

there was no other male in the house, and seeing that no other male could

come into the house at that time of night, unless he came for this

purpose and no other. In this point of view, I think it is not at all

unnatural or improbable in his conduct, even if he had said that he had

gone in search for thieves; and, if you recollect, his evidence was,

“that he had searched the house, not for thieves in particular, but to

see if there was any body in any of the rooms.” “I did not think of

thieves,” says he, “because I knew who it was,” and so on. He now says,

that at that time he knew it was Mr. Church, and therefore he did not

think of searching for thieves, his object being, in searching the house,

to ascertain whether there was any other male in the house besides the

one to whom he attaches the crime imputed by this indictment.

Gentleman, I shall now proceed to state to you the evidence as it has

been given on both sides.

Adam Foreman, the first witness, states, that he shall be twenty years of

age the first day of December next. “I am an apprentice to, Mr. Patrick,

the potter, of Vauxhall; I have been with him about five years. I have

known the defendant, John Church, by sight about two or three years. He

is a preacher, and I have attended as one of the congregation in the

chapel where he preaches; I have often seen him. I sleep generally at my

father’s house, but when my master goes out of town I sleep at his house.

The defendant Church lives near his chapel in St. George’s Fields. The

defendant came to sleep at my master’s on the 25th of September last.”

It seems, Gentlemen, he came there by invitation from Mr. Patrick, having

weak health, and it being more convenient for him to sleep in better air.

“He slept there on the night of the 25th September; I slept there also,

that night. I don’t know whether the defendant had been there before; I

cannot say whether I had seen him there before. My master was out of

town that night, but where I cannot say. The persons who slept in the

house that night were Mr. Church, my mistress, the children, and the two

maid-servants; there was no other man in the house except Church and

myself. My bed-room was the front parlour on the first floor, over the

kitchen. It was not usually a bed-room, but I slept there because there

was no other bed-room that I could sleep in. A temporary bed was put up

there for me. I went to bed at near one o’clock. There was a kiln

burning, and I was obliged to sit up to let the man in to the kiln when

he came. It was necessary for me to sit up to attend that kiln, and to

give the man the key. That man’s name is Thomas West. I went to sleep

directly I went to bed. 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. He laid hold of me very tight. I

put my hand out of the bed clothes and caught hold of him, and asked him

who he was. I said, who are you? I laid hold of him, as near as I can

guess, by the upper part of the arm; and I felt lower down, and found by

the sleeve that he had got a man’s shirt on. 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. The wrist was buttoned. I knew very well it was

man, because he had got a man’s shirt on. The person, whoever it was,

said, in a feint voice like a woman, “Adam, don’t you know me? I am your

mistress.” It was not Mrs. Patrick’s voice. I knew the voice directly I

heard it to be Mr. Church’s. He fled from the room directly; he went out

of the room in a hurried step. I got out of bed and put on my small

clothes and shoes, and went out to the door. As the man opened the door,

I saw by the lamp that it was Mr. Church, and he had only his shirt on.

The lamp is outside of the street door, on the Terrace, and throws a

light through the fan-light of the hall door. It is a parish lamp. At

the time I saw Church by the light of the lamp I was sitting up in bed: I

had not then left my bed. I saw that the person who went out through the

door had a man’s shirt on. I did not see his face at all; his back was

to me. I then got up and put my small-clothes on and shoes, and went to

the pottery to get the man to come up to the house. I told Thomas West

what had happened. He was in the pottery, and was there I before went to

bed. The person who went out at the door shut it after him. I saw him

by the light of the lamp when he opened the door. There was no light in

the room; the light came from a lamp on the terrace. That lamp is about

five or six yards from the door of the house on the terrace. The

terrace, on which my master’s house is situated, is a row of houses

raised above the road. The lamp is upon the terrace opposite to the

door. The light from the lamp is given to the passage through the

fan-light over the door. When the man opened the door and went out, I

saw him by the light from the lamp. I could not see the face of the

person, but I saw that he had a shirt on. I was rather alarmed. It all

took place in a minute. It was not long about. I don’t know how long he

had been there before I awoke. From the moment I awoke it took place as

fast as possible. I immediately went to West. We did not know whether

any body had got in or not. West and I directly came and searched the

house for thieves. We went and looked at every chamber door in the home

except Mr. Church’s and my mistress’s. We looked at the door of Mr.

Church, and that of my mistress. They were both shut. We found all the

doors in the house shut except the servant’s, which we found on the jar.”

Now, Gentlemen, great stress is laid by the learned counsel for the

Defendant upon this circumstance. It is suggested that it might be Mrs.

Patrick, or one of the maid servants who entered the room. It appears

that one of the servants was the prosecutor’s own sister, and it was not

likely to be her that went in. It is said the prosecutor’s counsel ought

to have called the maid servant and Mrs. Patrick to negative the supposed

circumstance of their having gone into the room. Now, this observation

is to be made, that it was open to the one side or to the other to have

called the maid servant, and have proposed that question to her. It was

clearly open to the Defendant, if he chose to call the maid, and to have

asked her that question; and it was equally open to the counsel for the

prosecution. It was also open to both sides to have called Mrs. Patrick.

It is probable that the prosecutor’s counsel did not like to expose her

to the pain of an unnecessary examination, because the Defendant might

have called her as a witness for himself.

“I went and told West that Mr. Church came down into my room, and behaved

in a very indecent manner. I told him that Church had been there and

laid hold of my private parts. I did not search the house for thieves in

particular, but to search if any body was in any of the rooms. We

searched the house. We looked all over it to see if there was anybody in

any of the rooms. We searched the house, but not for thieves in

particular. I did not think of thieves, because I knew who it was. We

did not go into the maid servant’s room; we only looked in. We found the

door open and looked in. The maids were in bed. One was my sister. The

door being a-jar, we pushed a little, and we saw that they were a-bed.

We did not speak to them. We did not search the house for thieves,

because I knew who the person was. The reason of my searching the house

was because I wished to be quite right before I made the accusation

against Mr. Church. We found that there was no other man in the house

but Mr. Church. There was no door, no window open, at which any other

man could have come in. The light from the Terrace came through the

fan-light over the door. The lamp gives a pretty fair light to the hall,

and shews a little light up the stairs. The time when the person opened

the door and went out, was the time that I got a view of his person. I

did not hear him when he first came into the room. I was awakened by the

application of his hand to my person. He was standing by the bed-side on

the floor. I did not call to him by name, or give him to understand that

I knew who he was. I did not see any part of his face, but I saw his

back as he went out of the room. He was a person that appeared to be the

height of Mr. Church. I cannot say what height he is. I cannot say

exactly whether he had a night-cap on. I think it was a handkerchief

tied round his head. I could not tell what sort of a handkerchief it

was, whether coloured or not.”

He does not say positively whether it was a light or a coloured

handkerchief, but he says he could not tell. He did not see whether it

was coloured or not.

“We went to Church’s door, but we did not touch it, nor did we go in.

West wanted to go into the room and pull him out.”

That is confirmed by the testimony of West himself.

“I objected to West’s pulling him out, because I was afraid of disturbing

my mistress. She would have been very much alarmed.”

That was the account he gave in his original examination before the

magistrate, as the reason for his not going into the room.

“Church never had any conversation with me, nor did he ever make any

overture of this sort to me before this time. There was nothing

particular in his manner or in his conduct towards me before this time.

I have never spoken to him at all since. I saw him attend before the

magistrate. There I spoke in his presence, but not immediately to him.

I did not hear him speak before the magistrate. I have given the same

account before the magistrate that I have now done here. I know no other

circumstances from which I could collect that it was a man. The hand was

withdrawn when I awoke. By the height of the person I saw, I could

ascertain whether it was or was not the height of my mistress or any of

the female part of the house. Mr. Church was a great deal bigger than

any body there. I don’t think he is quite six foot. He is a tall and

stout man. There was light enough by the lamp to see the outline of the

man, so as to be able to say that he was a tall person. Mrs. Patrick is

quite a little woman, she is quite different person from the person I saw

in the room. I am quite clear of that. The maid who slept in the room

with my sister, is about as tall as I am; not quite so tall. I am quite

sure it was not her. There was no other maid in the house.”

This is the evidence of the first witness; and you observe he says, he is

quite sure it was not any of the females of the house who came into his

room; and he is quite sure that there was no other male person in the

house besides himself and the Defendant Church; and he is certain that it

was not the maid nor his mistress.

The next witness examined is Thomas West. He says, “I am workmen to Mr.

Patrick, the potter. On the morning of the 26th of September last, I

relieved Adam Foreman at the Kiln. I relieved him about half past twelve

o’clock in the morning: he left me shortly afterwards for the purpose of

going to bed. I saw him again in about half an hour. He was only part

dressed. He had his small clothes, his shoes, and one stocking on. He

came to me in a very great fright, and bid me light my candle. He

appeared very much alarmed, and bid me light my candle and come along

with him up to the house. He told me, as we were going along the garden,

that Mr. Church had been to him, and behaved in a very indecent manner.

He did not explain how. He unlocked the door, and we went into the house

together. When we got into the house he put the remainder of his clothes

on. We then went and searched every room in the house, beginning at the

bottom and going upwards to the top, except my mistress’s room and Mr.

Church’s. We went into all the rooms except Mr. Church’s and Mrs.

Patrick’s. We did not go into Mr. Church’s room or that of my mistress.

We did not open the door of either of those two rooms. When we came to

Mr. Church’s door, I said, “I’ll go and pull him out; shall I?” The Lad

said, “No, for fear of disturbing my mistress.” In consequence of that

observation of the lad’s, I forebore going into the room. Foreman then

came along with me into the Pottery. He came down stairs; locked the

back door, and staid with me the whole of the remainder of the night at

the Pottery ’till the morning. We searched in all the rooms of the house

for the purpose of seeing if there was any other person in the place. We

found no window or door open at which any body could have got into the

house. I saw them all secure and fastened. When Foreman came to me, he

did not explain what Church had done to him; he only told me that Church

had behaved in a very indecent manner to him. I did go to search for

thieves in the house. When he told me that Church had behaved in a very

indecent manner to him, I went to see if there was any other person in

the place. Foreman did not tell me he believed that there was thieves in

the house. I am quite sure he did not explain in what way Church behaved

to him. He did not tell me that Church came to his bed side, and laid

his hand upon his private parts; he never from first to the last, either

in the course of the morning when staying with me, or after we had been

to the house, tell me what Church had done, and that he had laid his hand

upon his private parts. I went before the Magistrate some time after

this; I believe it was six or seven weeks.”

Gentlemen, 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 afterwards, if the matter had been kept a secret. But it is

not kept a secret; so far from that, it was quite notorious. And here is

a letter, in the hand-writing of the Defendant himself, dated the 6th of

October, in answer to a letter of Mrs. Hunter; and it appears that the

subject had been ventilated and circulated, for some days before, and had

become the topic of general discussion amongst the Defendant’s

congregation; because it appears that Mrs. Hunter had written a letter

herself to the Defendant upon it. There is nothing, therefore, in the

observation of the Learned Counsel for the Defendant as to the tardiness

of going before the Magistrate.

He says, “The Lad then went with his father. The Lad generally slept at

home at his father’s house. The father lives about a quarter of a mile

from Mr. Patrick’s. The Boy did not sleep at his father’s the next

night; but he did the next night after that. We did not go to the

Justices until about six or seven weeks afterwards. I did not

communicate with Mr. Patrick upon the subject before I went to the

Justice.”

The next witness called is Mr. Patrick. He says, I am a Potter, at

Vauxhall; the boy, Foreman, lived with me all the time I have been in the

pottery business; that is, between five and six years. He slept in my

house only occasionally, and that was whenever I went out of town. As

there was no other male in the house on those occasions, he used to sleep

there for the purpose of giving the key to the Potter in the morning. I

was absent from home on the 25th of September; and on that occasion the

Boy slept in my house; he slept upon a chair bed in the front parlour; it

was a temporary bed for a nurse occasionally. I knew the Defendant, John

Church; I first became acquainted with him when I came to reside at

Vauxhall; he is a Baptist Preacher, and I attended his chapel; and that

was the way I became acquainted with him. His residence is adjoining to

the Chapel. In the month of September, the Defendant came to sleep at my

house. He complained occasionally of ill health; and thinking that he

was ill, I asked him, out of friendship, to take a bed at my house, as I

thought the air would be of service to him. I returned home on the

evening of the 26th of September, and on the morning of the 27th the Boy

made a communication to me respecting this transaction.

So that you see, Gentlemen, the Boy makes this communication to his

master at the earliest moment he has an opportunity of speaking to him.

“Several of the congregation afterwards applied to me, and at their

request I went to Mr. Church on the 9th of October.”

But, Gentlemen, the 9th of October is not the first time that this matter

was mentioned; for it appears to have been in circulation at the time

that Mr. Church wrote the letter which has been given in evidence.

“That was the first communication I had with Mr. Church on the subject.

Church said he took it extremely kind of me in calling upon him. I said

he might take it as he pleased, as I did not come willingly, but that

some of his congregation thought that I ought to see him on the

business.”

You observe, Gentlemen, that it was at the request of some of the

congregation that he went; and, in a subsequent part of the evidence, it

appears that Mr. Thomas, one of the congregation, had expressly desired

him to call upon the Defendant.

“I told him, I waited upon him, having seen a letter, wherein he denied

three particular points in the Boy’s statement. He then denied, in the

fleet place, having taken hold of the Boy, and in the second, his having

said to the Boy that he was his mistress. The third point I didn’t

particularly recollect; but in the course of conversation he admitted

that he had been in the Boy’s room. He denied that he had had hold of

the Boy, and that he had told the Boy that he was his mistress. I told

him that of these two points the Boy was positive, and I had no reason to

doubt any thing that he said. The Defendant said ‘that he was very sorry

for it; the worst of it was, it confirmed ancient reports.’”

Gentlemen, this is the language of Church himself. What those antient

reports were we have not heard; we are only left to guess at what the

expression alluded to.

Upon which Mr. Patrick said, “It did so, and of course,” says he, “I told

him that I should believe all that I had heard heretofore: and I wished

him a good morning. I have never spoken to him since; but I have seen

him.—This is an exact copy of the letter dated the 6th of October,

addressed to Mrs. Hunter.”

Gentlemen, this letter is afterwards read in evidence. Mrs. Hunter being

called as a witness, she stated that she believed, from the knowledge

that she had of the character of the Defendant’s hand-writing, she

believes the original from which this copy is taken, was written by him;

and Mr. Patrick swears that the letter from which he took this copy was,

in his belief, in “the hand-writing of the Defendant.”

Now, Gentlemen, upon reading this letter, one is very much struck, not by

what it contains, absurd as it is in some respects, and containing

something like a profane use of the sacred name of the Saviour, but at

the absence of what one certainly might naturally expect to find in the

letter of a person writing to a friend, and one of his own congregation,

upon this subject. What is so natural as that he should most explicitly

and peremptorily deny the whole accusation and charge, and rest with

confidence upon his own innocence and the character which he bore amongst

his congregation. But instead of that, he envelopes the matter in a

sanctified discussion, such as has been read to you, dwelling upon the

sacred name of our Saviour in a very indecent manner. I shall read this

letter to you again; and if you find any thing in it which can be

construed into an express denial of the circumstances charged against

him, I am sure it will make a proper impression upon your minds. I

confess I can find no such denial. He says, “I am able to contradict

three things”—one of which is laying hold of the boy’s person, and the

other the speaking of his mistress. The third point, Mr. Patrick does

not recollect. But, you will observe, he did not deny being in the room:

that seems to be a fact now undisputed. The letter is in these words:—

_Oct._ 6, 1816.

“Dear Mrs. Hunter—My heart is already too much affected. Your letter

only added affliction to my bonds; but I forbear. I would have

called on you this morning, but I was too low in mind to speak to any

friend but Jesus. There I am truly comfortable. Pardon me. But I

make no remarks on what you have been told. I must bear it. Though

I am able to contradict these things, I would rather not. Mr. and

Mrs. Patrick have always dealt kindly to me. I am only grieved that

dear Mrs. P. whom I really love, that she should try to injure me in

the estimation of those who are real friends to my dear children.

The thought affects me, Why hurt my poor family? But I am too much

depressed to enlarge. I shall never forget their kindness. God will

reward them, as he has many who have dealt well to me. But he will

resent cruelty in those who have and are still trying to degrade me.

Mrs. P. will live to see it. Dear Mrs. Hunter, I am grieved at

heart. I can not relieve your mind. I am truly sorry to lose you as

a hearer, because your soul has been blessed, and you know both the

plague of the heart and the value of Jesus. May he be increasingly

precious to you!—in his person, love, and grave. Farewell, my dear

kind friend. The Lord Jesus will reward you for your love to me and

kindness to mine. God is not unrighteous to forget your work of

faith and labour of love. With many tears I write this. May we meet

in glory, when no enemy shall distress my mind, nor sin, nor death

shall part us more. I need not remind my dear friend that I am a

child of peculiar Providence.”

This is very extraordinary. Whether he considers himself as privileged

above the rest of mankind, I know not: but it should seem that he does.

He says:

“I am a child of peculiar providence: and that Heart of Eternal Love,

and that Arm of Invincible Power, has protected me—has called me to

himself—and for every act of straying, will correct me.”

Therefore, he admits that he is subject to the punishment of the Divine

Being. Whether he is exempt from the temporal jurisdiction for his

crimes or not, seems to be a matter of doubt with him: for he says,—

“In every act of straying, God will correct me with his own hand; but

will resent every other hand sooner or later.”

So that he admits that for his offences, or his “acts of straying,” as he

is pleased to call them, God will punish him with his own hand; but that

no other hand will punish him. The letter concludes—

“This you will live to see. Adieu, dear friend: accept the starting

tear, and the best wishes of an heart sincere.

“Your’s, truly,

“Till we shall meet above.”

Gentlemen, this is his letter. If it had been a full and explicit denial

of the whole charge, it would have been more favourable to him. One is

sorry to see the name of the Divine Being mixed up with so indecent and

abominable a story.

Mr. Patrick goes on to state that he denied having had hold of the boy,

but he admitted that he was in the room; upon his saying to the Defendant

that as to the two points in question, the boy was positive, and that he

had no reason to doubt any thing that the boy said, the defendant replied

that he was sorry for it, because it confirmed ancient reports. The

witness said, “it did so;” and he told him that he should now believe all

that he had heard heretofore, and he wished him a good morning. He says,

“I never saw him afterwards to speak to him. This is an exact copy of

the letter dated 6th October, 1816, addressed to Mrs. Hunter. I took an

exact copy of it myself. I did not read the copy of the letter to the

Defendant, for I had not the copy with me at that time. With respect to

the letter I told him that I wished to know what the three things were

that he could deny. I do not recollect the third point; it is not

material, he admitted being in the room, but denied the laying hold.”

He is asked in what terms the Defendant admitted that he was in the room,

and he said the Defendant said, “I was in the room, but I did not lay

hold of the boy.” He did not say why he was in the room. “I returned

the letter of the 6th of October to Mrs. Hunter, from whom I received

it.”

On his cross-examination he says:—“I mean to say that the Defendant said

distinctly that he was in the room. I never said to any person after I

had seen Mr. Church that I thought he was not implicated at all in the

charge. I gave a person named _Thomas_ an account of the conversation I

had with the Defendant, but I never accompanied that account with the

observation “he is not implicated”—nor to any person. Mr. Thomas went

with me to Mr. Church’s house, but he did not go in. Mr. Thomas is not a

friend of mine. Mr. Thomas walked with me to the door. It was his

wife’s wish and my wife’s that I should make the application to the

Defendant. Mr. Thomas walked with me as far as the door of the

Defendant, but he did not go in. After I came out from Mr. Church’s I

had some conversation with Mr. Thomas, and I told him partly what had

transpired. It was very short what did transpire. I think I told Mr.

Thomas that the Defendant admitted his having been in the boy’s room, but

I am not very positive as to that point. I know I told him that Mr.

Church said he did not lay hold of him. I never made any such answer to

Mr. Thomas as that I thought Mr. Church was not at all implicated”—nor

any thing conveying that meaning. I never told him directly or

indirectly that there was nothing to implicate Mr. Church. I never told

Mr. Thomas or any other person that I would prosecute Mr. Church for this

crime, because he had said disrespectful things of my wife: but I think I

told Mr. I would prosecute the Defendant for the defamation of my wife’s

character. But this was a considerable time after the transaction in

question. I think I did inform Mr. Thomas that I would prosecute the

Defendant for the defamation of my wife’s character.

The next witness called is Mrs. Hunter, and she says—“I am one of the

congregation and a hearer of Mr. Church. I received a letter, dated the

6th of October, but it had no name subscribed to it. I cannot tell from

whom it came. It had no place of abode or signature, except the day of

the month. I put that letter into the hands of Mr. Patrick, at least I

gave it to Mr. Patrick’s daughter, who gave it to her father. That

letter was returned to me, but I took no further notice of it. After the

letter was returned to me, I put it into a drawer, and I do not know what

is become of it. I looked for it on the Thursday morning before I came

here, but I was unable to find it. I searched diligently for it, but I

could find no trace of it.”

Under such circumstances, Gentlemen, the original letter having been

searched for, and not being to be found, that, in point of law, lets in

the copy of it, which could not be admitted as evidence as it existed.

She is then asked whether the letter received was in the hand writing of

Mr. Church? and she says, “I have seen his writing. I have seen him

write in different hands. He does not write always the same. I don’t

mean to say exactly that he wrote in different hands; but there was such

a difference in the same hand-writing that one would hardly think it was

the same. I rather think that letter was in Mr. Church’s hand-writing,

but I could not be positive as there was no name to it. I cannot say

positively whether it was or was not his hand-writing. I believed then

it was his hand-writing, and I still believe the same. I did not

communicate the letter to any body but Mr. Patrick, and I told him that I

had received a letter from Mr. Church. The search I made for the letter

was last Thursday. I know nothing of it, and I have no reason to believe

that it is now in existence. I did not leave a drawer or a place

unsearched.”

Mr. Patrick is again called, and says that he knew the hand writing of

the Defendant in October last. “I copied this letter from the letter I

had from Mrs. Hunter. I believe that the letter from which I made this

copy was in Mr. Church’s hand writing.”

Gentlemen you have had that letter read to you; and this is the Case on

the part of the Prosecution.

On the part of the Defendant, Gentlemen, it is observed as matter of

surprise that the Prosecutor’s Counsel have not called the female servant

as a witness. It is very true she was not called, but it was open to the

Defendant to have called her, and undoubtedly if his Counsel thought that

any examination of hers would have been beneficial to him, we must

presume that she would have been called. The Bed-room door of the

servants, it is observed, was ajar; and it is contended that one of the

servants might have been the person who went down stairs to the young

man’s room: 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 apartment. Now whether there is any

thing in the observation as to the deficiency of the light, it for you to

judge; but this remark fairly arises from the circumstance of the maid’s

Bed-room door being a-jar. It is most likely that if either of them came

out of the room for any improper purpose, she would have shut the door

after her: and it is to be recollected that one of the servants was the

Boy’s own Sister. It is observed likewise as matter of surprise, that

Mrs. Patrick is not called. Gentlemen, it would be very disrespectful to

Mrs. Patrick to put such a question to her, as whether she offered these

indecencies to the Boy; but if the Defendant’s Counsel thought that she

could not have stood that examination, as I have repeatedly told you,

they might have called her.

On the part of the defendant, they called Mr. Thomas, and he says, “I

live in Prospect Place, West Square, St. George’s Fields. I am by

business, an appraiser and undertaker. I know the defendant Mr. Church.

I was one of his hearers. I was acquainted with Mr. Patrick, but not

until the report was made respecting Mr. Church. I can’t say that I have

ever seen him attending Mr. Church, as one of the congregation. I went

with Mr. Patrick the day he went to Mr. Church’s house. It was the 9th

of October, a few days after the report. I did not go into the house

with him. I stood outside the door. I learned from Mr. Patrick, that he

was going to Mr. Church upon the subject of this business. He told me he

had a letter of Mr. Church’s, and was going to him to make inquiries. He

called upon me at my house too with him, and he told me he was going upon

the business of this inquiry. Indeed, it was at my request that he

should.”

So that you see, Gentlemen, it was not the voluntary intrusion of Mr.

Patrick upon Mr. Church, when he went to his house; but it is in

compliance with the request of some of the Congregation. He says “Mrs.

Thomas went to speak to his wife, and it was at my wife’s and his wife’s

request that he went.—The interview with Mr. Church lasted near an hour.

It seemed to be a long while, not much less than an hour, as near as I

can guess the time. When he came out I put some questions to him

respecting what had passed between him and Mr. Church:—I asked him what

Mr. Church had said? and he replied that Mr. Church did not say

anything.”

Now, Gentlemen, it is impossible that Church could have said nothing, for

it is not very likely that Mr. Patrick would be occupied for an hour

hearing himself.

“He said Mr. Church seemed very much confounded on account of the cause,

but said noting.”

Certainly, Mr. Thomas, from the nature of things, must be incorrect, for

it is impossible that Mr. Patrick could be an hour in conversation with

Mr. Church, and that the latter should say nothing. Mr. Patrick could

not be an hour in conversation with himself.

“He said Mr. Church seemed very much confounded on account of the cause.

He (Patrick) seemed to insinuate that it would be injurious to the cause

God. He did not say, “the cause,” but I only suppose he meant the cause

of God. I asked whether Church had said any thing, and Patrick said

“No.” He said he seemed very much confused. I said, what do you mean?

If there is any thing against the man, do you think I would not have been

faithful to him and have charged him with it? Mr. Patrick said, he did

not know any thing about that, and that he was not the proper person. He

said, “I don’t know,—I am not so proper as you.” I said to him, “what

did he say respecting the report?” He said it was false.—Patrick himself

said the report was false. I then said, “what did Mr. Church state

respecting its having been reported that he was in liquor?” Mr. Patrick

replied, “that that was false, and that there had been a great deal of

exaggeration. I never put the question to Mr. Patrick, “whether he

thought that Church was implicated in the transaction or not?” I never

used these words or any to the same effect. I put these words to him,

“Why,” says I, “You did nothing. Did Mr. Church acknowledge nothing to

you?” “No, Sir,” says he, “he did not.” I said, “as you can bring

nothing against him, let us pray for him, if he was under any such

temptation.”

The phrase which the witness uses seems to signify that the Defendant’s

disposition was not very proper. What occasion was there to pray for him

not to be guilty of such an offence? What temptation could there be to a

moral man to excite him to the commission of so unnatural a crime?

“Mr. Patrick never delivered any opinion to me, whether he thought Church

was implicated in the transaction or not. Nothing more passed at the

meeting.”

On his cross-examination he said, “I heard of this business two or three

days after it happened. My wife and I were desirous that Mr. Patrick

should go to Mr. Church’s. Mr. Patrick brought the boy to me, in order

to have him brought face to face with Mr. Church. Mr. Patrick said that

the boy was outside. He did not particularly wish me to see the boy; but

I certainly supposed that he brought the boy for the purpose of going to

Mr. Church’s house. Mr. Patrick and I went together, and the boy

followed. The boy did not go in with Mr. Patrick. He staid outside the

door. He walked on the other side of the way. He waited whilst I

waited. We both waited outside.”

Now, gentlemen, there is something in the manner in which this person

gave his evidence, which leads me to conclude that he has not given a

correct representation of all that had passed between him and Mr.

Patrick; in the first place he says, that Mr. Patrick told him that Mr.

Church now said nothing. Now that is most extraordinary. Can it be

believed that Mr. Church had said nothing, or that Patrick had told the

witness so? Well, then, as to the rest of his conduct, Mr. Patrick had

brought the source of his own information, namely the boy, to the

witness, in order that the person who brought forward the accusation

might by examined by Mr. Thomas himself, if he chose to inquire into the

subject. Mr. Patrick brought him to go to Mr. Church’s, and the boy and

Mr. Thomas were left outside the door; for he says, “He and I waited

outside of the door:” but Mr. Thomas never thinks it worth his while to

ask the boy a single question. He never troubles himself to examine into

the extent of the charge, or inquire into the foundation of it. But he

says, “Mr. Patrick was to go in and learn what Mr. Church said; and then

the boy and I were to go in too. Mr. Patrick took the boy with him, in

order that he might be taken in to see Mr. Church face to face. He

brought the boy with him, and I suppose that was his intention. I

declined introducing the boy to Mr. Church, because I had no particular

acquaintance with Mr. Church. I was only one of his hearers; and I

thought it was too great a liberty for me to speak to him upon the

subject. Mr. Patrick wanted me to go into Mr. Church first.”

Why, Gentlemen, who was more proper to inquire into such a subject, than

a person who attended the defendant in the celebration of divine worship?

But Mr. Thomas says, he thought it would be an obtrusion for him to go

into Mr. Church’s house. What obtrusion could it be in a case of such

momentous consequence, where the character and honour of his spiritual

teacher were at stake? Why send Mr. Patrick if it was an obtrusion, and

if the matter was of so delicate a nature?

Well,—he goes on to say, “I suppose the purpose of bringing the boy was,

that he should be introduced to Mr. Church—I have no doubt about it. I

don’t know any other reason for his being brought—I don’t know that Mr.

Patrick said that was his reason. I don’t know that he said any thing

about inviting me to go to with the boy—I don’t recollect that he did. I

don’t remember declining to go in with Mr. Patrick. I had told him that

I had no particular interest in the business. I had no more intimacy

with Mr. Church except hearing him—I thought that being only a hearer, my

visit would be obtrusive. I had no particular interest in the affair,

and therefore I declined going in, or taking the boy with me. I saw no

necessity, if the defendant did not acknowledge himself guilty of any

thing bad. Though the boy was there, I had not the curiosity to examine

him, it being a delicate subject. I did not see the importance of coming

at the truth of the case, as Mr. Church did not confess any thing; but if

Mr. Church had confessed any thing, I should have thought it my duty to

take the boy in, and have them face to face.”

This, Gentlemen, is a most extraordinary account which Mr. Thomas gives

of himself. If he found Mr. Church guilty, he would have confronted the

boy with him! But if he denied his guilt, he would not think it

necessary to examine the boy! One would have thought that a sense of

justice to the defendant, in such a case, would have prompted him to

enquire whether the charge was not founded in malice. But no; with the

opportunity of questioning the boy on the spot, he leaves the matter

untouched.

He says, “When Mr. Patrick came out and said that Mr. Church did not

acknowledge any thing of it, he did not think it necessary then to have

the boy in.” He says, “I never spoke to the boy; I never asked Mr.

Patrick, nor did he give any opinion about whether Mr. Church was

implicated in the transaction; but in answer to particular parts of the

transaction, he said Mr. Church asserted that it was false. I never saw

the letter sent to Mrs. Hunter about the three points of denial.”

The next witness called is James Reeves; and he says, “I was the Clerk

attending the Magistrate when this charge was made at Union Hall. The

Magistrate was Mr. Serjeant Sellon. The examination took place on the

19th November. This being a charge of misdemeanour, no account was

committed to writing of what the witnesses said. It was merely an entry

of the names of the parties and the result. In the first instance, the

depositions were taken down upon which the warrant was granted, but I had

no instructions to bring the book in which that examination appears.

There was an examination afterwards, when the defendant was ordered to

find bail, but the evidence was not then taken down.”

Mr. Wood is the last witness, and he says, “I was present at the

examination of Church before the magistrate, I am a hatter near the

Elephant and Castle. I did not take down the testimony of the witness in

writing. Freemantle’s boy said that he went into the Pottery and told

the Potter that there were thieves in the house; and the Potter and he

came to search the house. He was asked by Mr. Sellon whether or no he

searched the room where Mr. Church slept, and he said no, he did not

search that room. Mr. Sellon said “why not search the room?” and the

answer he gave was “that the Potter wished to break the door open.” Mr.

Sellon said “did you try the door to see whether it was open before you

talked of breaking it open?” he said “no, he did not wish to disturb his

Mistress.” I cannot charge my memory whether, whilst the Potter was

examined, he said any thing about what the alarm was, that the boy

Foreman gave him.”

Now, gentlemen, this is the whole of the evidence on both sides, if you

don’t find any material inroad in the examination of either the boy or

Mr. Patrick, you will have to say whether the Defendant be or be not

guilty, upon their evidence you will have to say whether you believe the

boy’s statement, which is in substance this,—that when he was asleep he

was awakened by the indecent application to his person and his private

parts, of some person’s hand, who said, in a feigned female voice, “Adam

don’t you know me, I am your Mistress.” The boy swears most positively

that the voice was that of the defendant, and he also swears to his

person,—taking this along with you, that there was no other male in the

house. The point for your consideration is, supposing this attack to be

made upon his person, was it made with the abominable intention charged

in this Indictment? If you are of opinion that the person who made this

attempt made it with an intention to commit the crime alledged, then the

next question for your consideration is,—was it made by the defendant Mr.

Church? The prosecutor says, that he had an opportunity of observing the

person who entered the room: he was a man of the defendant’s size; it was

not the person of Mrs. Patrick nor of the maid, and there was no other

man in the house. The other material evidence is, that of Mr. Patrick,

who states the communication which he had with the defendant—he says, the

defendant contradicted three particulars of the boy’s statement: but, the

contradiction does not go to the fact of his having been in the room. He

admits that he was in the room. Then if he was in the room for what

purpose was he there? What excuse is there to be found for his being in

the room? If he was in that room, for what other object could he be

there than that which this boy states?—Can you suppose that the boy’s

story is the mere invention of his own brain, or the creature of his own

imagination? If you find the fact admitted on all hands, that the

defendant was there, for what earthly purpose could he be there, than

that imputed to him? Gentlemen, the whole is for your consideration. I

have no doubt you have paid great attention to the proofs both on the

part of the prosecution and that of the defence. You will lay your heads

together, and I am persuaded, you will pronounce that verdict, which your

conscience dictates, and the evidence requires.

The Jury immediately found the Defendant GUILTY.

* * * * *

Just published, price Fourpence (entered at Stationers’ Hall),

HAY AND TURNER’S GENUINE EDITION OF

THE INFAMOUS LIFE OF JOHN CHURCH, the St. George’s Fields Preacher, from

his Infancy up to his Trial and Conviction. With HIS CONFESSION, sent in

a letter to the Rev. Mr. L—, two days after his Attack on Adam Foreman,

at Vauxhall; with Remarks on it, by the same Gentleman. To which are

added, HIS LOVE EPISTLES TO E— B—; with various other Letters,

particularly one to Cook, of Vere-street Notoriety!

Printed and published by Hay and Turner, No. 11, Newcastle-street,

Strand; and may be had of all Booksellers.—None are Genuine but those

published by Hay and Turner, they having the Original Letters in their

possession.

* * * * *

~~~~~~~~~~~~~~~~~~

Hay and Turner, Printers, Newcastle-Street Strand.

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 13 / 13 题