The Common Serjeant.—And even if he was present I apprehend it cannot be received, unless it is evidence of a fact.
Lord Ellenborough.—It is no evidence of a fact; but in consequence of something said by the Congregation respecting this subject, the witness did something. The question may be put in that shape.
Mr. Gurney.—If my learned Friend goes to that, I have no objection to that question.
Mr. Bolland.—I was going on to put that question, if I had not been stopt by my learned Friend.
By Mr. Bolland.—In consequence of applications made to you from the Congregation, did you go to the Defendant, Church?—I did.
What did you state to Church; and when did you go to him upon this subject?—I think it was on the 9th of October.
Had there not before that been a meeting of the Congregation, at which you were present?—No.
By Lord Ellenborough.—Did you take any steps between the 27th of September, to see Church, and the 9th of October, upon this subject?—No, my Lord.
That was the first communication you had with Church upon this subject?—Yes.
By Mr. Bolland.—What did you say to him, or he to you, upon your going to him?—He took it extremely kind of me in calling upon him. I told him he might take it as he pleased; that I did not come willingly, but that some of his Congregation thought that I ought to see him on the business.