My Lords,—The less I call jour attention to the nature of the offence
imputed to the defendant, I think it will be the better. I shall merely
direct your attention to the character and situation of the defendant;
for when a man in his situation of assumed piety, makes it the mask for
extraordinary delinquency, I submit to your Lordships that he becomes an
object for extraordinary punishment.
Your Lordships have found by the report, and also by the affidavit of the
defendant himself, that reports of a similar description against his
character had gone abroad. I do not know what those reports precisely
were, and I do not mean anything further by alluding to them, than to
state what Mr. Patrick said to him on this occasion, namely, that he
should think himself at liberty to believe all that had been previously
said against him.
The defendant complains in his affidavit of the popular opprobrium
excited against him, by various publications of his trial, and other
matters relative to him. It is really almost impossible to check the
public feeling in cases of this nature, and nothing is imputed in this
affidavit either to the prosecutor or any person connected with the
prosecution. They are not responsible for the marrow-bones and cleavers,
for the effigy, or for any of the publications.
I should observe, that although the prosecutor did not go before the
Magistrate at the very period when this occurred, yet he did not make the
least concealment of the story in any way; for it appears, by the
testimony of Mr. Thomas, that it had reached his ears in two or three
days after it had happened, and that he went and called on Church on the
9th of October. It appears that the matter became perfectly notorious;
because, in a very few days afterwards, this letter was written to him by
Mrs. Hunter, which notified to him that she would no longer be one of his
hearers.
There is only one circumstance in that letter to which I will advert. He
states, that he is a child of peculiar Providence, corrected by the hand
of the Almighty, who will resent every attempt to correct his offences
from any other quarter. I do not think that your Lordship will
intimidated from administering to him a due portion of punishment for his
offence, by any such intimation as that letter holds out.
Mr. Justice BAYLEY then addressed the defendant as follows:—The painful
part of my duty is, to pass on you the sentence of this Court, for the
enormous crime of which you stand convicted. It is not only painful when
I think that you are so far advanced in years, and that you were in a
situation which it became your bounden duty to reflect on what would
become of you, as well as others, hereafter, but also when I reflect,
that when it was your duty to guide the course of others through life,
you took advantage of the confidence reposed in you, to put young people
materially off their guard, who would expect, from your sanctity of
manners, that nothing was to be feared.
Your attempt, in this instance, was upon a lad, very young, and if he had
been once drawn into the commission of that offence, which you attempted
to commit on him, though young, what must have been the consequence?
What course of life would he not be afterwards induced to follow by you?
The nature of that crime raises in all those who hear me the greatest
detestation and abhorrence—abhorrence indeed, when it is committed by a
married man, and one in that sacred situation in which you have been
(unfortunately for mankind) placed.
Your affidavit states, that, since the time of your conviction, there
have been publications reflecting on your character. The Court does not
approve of any misconduct in any one, and, however the natural
indignation of the public may be called forth by the enormities which you
have committed, the Court would of course apportion such punishment to
any parties justly complained of, as the nature of the case, under all
the circumstances, might demand. But that does not diminish your
GUILT—your GUILT stands in a very high and prominent point of view, and
it is necessary for the Court to pass on you a severe punishment.
If you have the feelings you ought to have, and if your life has not been
a life of hypocrisy throughout, you will try to obtain forgiveness for
this high offence, and reflect that it is fortunate you did not carry
your offence to its completion.
The sentence of the Court upon you is, that you be imprisoned in his
Majesty’s gaol at Newington for TWO YEARS; and at the expiration of that
term, that you find surety for your good behaviour, yourself in the sum
of 500_l._ and two sureties respectively in the sum of 100_l._ for the
term of five years, and that you be further imprisoned until such
securities are found.
During the passing of this sentence, as well as through the whole
proceeding, the defendant was completely unmoved, though his lordship
seemed deeply affected by the enormity of his crime. He was conducted
out of Court in custody of the Marshal of the Marshalsea, for the
present, amidst the groans and hisses of indignation that burst forth
from the immense crowd.
* * * * *
The following is a perfect copy of Church’s letter to Mrs. Hunter,
adverted to by Mr. MARRYATT in his address to the Bench:
_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 hare
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 three 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 cannot relieve your mind. I am truly sorry to lose you as
an 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 grace. 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: 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 with his own
hand; but will resent every other hand sooner or later.
“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.”
* * * * *