Mr. Marryatt.—My Lord, that is the case on the part of the prosecution.
DEFENCE.
Mr. Gurney then addressed the Jury on the part of the defendant, as follows:—
May it please your Lordship—
Gentlemen of the Jury—Gentlemen, I must agree with my Learned Friend, in entreating you to bestow your most serious attention upon this case, and in requesting you to consider (which, indeed, my Learned Friend fairly confessed you ought to bear in mind), that as the charge is heavy the proof ought to be clear; and that you will take care that your indignation against the crime shall have no influence upon your judgment respecting the person accused. That is a duty, Gentlemen, which is one of the most important, for a Juryman to attend to in this species of case, but it in one of most difficult performance; for such is, and such I trust ever will be, the feeling of abhorrence which Englishmen entertain against this detestable crime, that it is extremely difficult indeed, when a person is accused of it, to consider the case which in laid before us, in that dispassionate and unprejudiced manner, which is essential to the administration of justice. We all wish that no such occurrences could exist; and if a wish could blot them out of existence, we should be almost tempted to form that wish: but, Gentlemen, when these cases do come before us, they claim our very serious attention; and more particularly on this account, that it is a charge which, whenever made upon an individual, depends almost always upon the testimony of one witness, and where there is but one witness to make the accusation,—I mean one witness to the fact charged, so that the person accused can have no witness in his defence;—that, however innocent a man may be who is accused of this crime, provided the party is in a situation in which he cannot shew that he was fifty miles off at the time, it is quite impossible for him to have a witness to negative the fact. It must stand or fall upon the testimony of the principal witness, whose testimony, however, I need not tell you, is to be watched most scrupulously, and to be compared with the evidence of other witnesses; and if found inconsistent with the testimony of other witnesses, it is hardly then to be carried to the extent of full credence and of conviction.
Now, Gentlemen, the story which this young man has told you, is, upon his statement, a very extraordinary one, of the attack made upon him. Were any attack made upon him by Mr. Church, it would indeed be most extraordinary under the circumstances which he has stated. He represents himself to have been previously acquainted with him—that he had been one of his hearers—and yet from the hour of that acquaintance commencing, to the moment of this supposed abominable attack, that Mr. Church had never, either by word or gesture, made any indecent overture to him of any kind, signifying his intention, or had done any thing whatever to ascertain if he, the prosecutor, was ready to gratify any brutal of unnatural passion he might form. Now, it is a very extraordinary thing, that it should be supposed, that a person should get out of his own bed, and go to the bed of another, and commence the attack with the indecencies described by the witness, without any preparation of any kind whatever, without having any reason to believe, that the object of his attack would accede to his base, and unnatural purposes, with the full knowledge, (one should think,) that he was encountering certain detection and punishment, by the resistance that every man would be likely to make, to such an abominable attack; and it is, to be sure, most extraordinary to observe in what manner this is done. The young man states that he did not see the face of the person—that he felt the arm, and found that it was a shirt sleeve; but he did not feel any part of the flesh, so as to make any distinction between male und female; but he concludes that it was the shirt of a man, because the arm was covered down to the wrist. And when my Learned Friend, Mr. Marryatt, supposed that females are not covered down below the elbow, I have only to say, that I certainly always thought that females in their night clothes were covered down to their wrists. I ever understood that was the case; and therefore a person awakened out of sleep, in the fright that such a circumstance was likely to produce, and finding the arm of the person making the attack covered down to the wrist, would not, I think, be very well able to say whether it was the sleeve of a shirt or that of a woman’s bed-gown; and that is all the means of knowledge which the witness has, as far as regards feeling the person.
Now I go on to the next evidence of identity. The next is the voice of the person who, he tells us, said in a feigned female voice, “Don’t you know me, Adam? I am your mistress.” Now, recollect, Gentlemen, the voice, it is thought, is a female voice; and whether it be feigned or not, depends upon his judgment and capacity of forming an opinion at a moment when he was in the greatest alarm and agitation; because if it was a female voice, then the voice was not feigned, and it could not be Mr. Church who was in the room. Now, I don’t mean to suggest (far be it from me) that it was Mrs. Patrick; but it is rather extraordinary and somewhat remarkable, considering the industry and the acrimony with which this case has been got up against Mr. Church, that they should not have produced Mrs. Patrick as a witness, and that they should think it right to withhold from your observation the other maid servant, who slept with Adam Foreman’s sister. I think it is rather remarkable, that considering the industry with which I know this case was got up, they have not thought fit to produce that other female before you as a witness in order to say, “I was not out of my bed room that night, and I did not go into the apprentices bed room.” Now, I think, that considering that the Prosecutors must have been aware of the powerful effect of such evidence, it is most surprising that they did not call forward the other persons in the house that night as witnesses, for the purpose of shewing, by their testimony, that they remained in their beds during the whole of that night, and for the purpose of giving some colour of probability to this very extraordinary and incredible story. But, no, Gentlemen, they choose to leave the case to the testimony of a frightened young man, wakened out of his sound sleep, and who, without seeing the face of Mr. Church, ventures to swear that the feigned female voice which he heard was that of the Defendant. I think, Gentlemen, in a case in which every thing depends, not so much upon his veracity, but upon the accuracy of his judgment in the course of his observation upon circumstances, with respect to which he was very little likely to draw any very accurate conclusions, that that servant ought to have been produced here, the more especially when the young man from the Pottery, going afterwards through the house for the purpose of seeing who was there, did find the female servant’s door ajar; a circumstance not observable with respect to any other room in the house.
Now, I come to the next observation of identity; and I do think it is a most extraordinary one. There is a lamp, it seems, in the footpath of the terrace, five or six yards from the door. My Learned Friend, Mr. Bolland, inquired what sort of a lamp it was—whether it was a parish lamp, or a gas light? And he found by the answer, that it was the worst kind of lamp in the Metropolis—a parish lamp. Well, then, there is a dull parish lamp, five or six yards from the door, which gives a light through a large window—No, through a fan-light! and the person, whoever it is, opens the door to go out, and, as the door is opened the Lad sees that the person has a shirt on. Now, I beg to ask you, as men of sense and of experience in the world, whether it was possible for him to see whether that garment was a shirt, a shift, or a bed-gown—was it possible? Recollect, the light is not in the room—there is some light in the passage. The back of the person is towards him; and he is to tell you that it is Mr. Church, although he only saw his back! But then the next observation after the shirt, is as to the height of the person. Why, Gentlemen, nothing magnifies more than fright: nothing! We, all of us, have often heard the descriptions of persons in great fright. They always magnify the objects they see. If a person is robbed, the thief is a monstrous tall man! Why, Gentlemen, fright does magnify every object; and, therefore, we must make allowances for the situation in which this young man was placed at the time. He is disturbed in his sleep—the thing happens in a moment—and he sits up in his bed in a great fright—and he tells you it is Mr. Church, because of the height of the person he saw. Now if you can say that a person in that station is capable of distinguishing between a tall and a short person, I think it is a great deal too much in a case of this sort. But what has the person on his head? My Lord Ellenborough asked the question, whether it was a man’s or woman’s night-cap? and he says, “I cannot tell whether it was a night-cap or a handkerchief.” And upon being asked the colour, he says, “I cannot tell.” And there does not seem to be light enough to distinguish whether it was white or coloured. From this circumstance, therefore, Gentlemen, you will judge what sort of light there was to distinguish objects.
Now, Gentlemen, we come to the confirmation of this extraordinary story, particularly by Mr. Patrick. It is quite clear that Mr. Patrick has conceived some great anger against Mr. Church, on account of supposed slander of the character of his wife. Mr. Patrick himself is quite satisfied that his wife is not guilty, any more than the maid servant. But Mr. Patrick is angry, because he says, that Mr. Church has slandered the character of his wife. Why then, Mr. Patrick goes to Mr. Church, and he has some conversation with him. He tells him that he has seen some letter, but he does not mention what letter—he has seen some letter in which he, Mr. Church, has said that he could deny three points in the boy’s story: and he puts questions to him, and he states to you, that Mr. Church having distinctly denied the indecent attack upon the boy, yet that he nevertheless admitted that he was in the room. Now, Gentlemen, upon that subject I must necessarily give you some evidence, as well as upon another part of this case; for I understand that Mr. Patrick distinctly stated to Mr. Thomas, who accompanied him as far as the house of Mr. Church, and whom he joined directly after he came out, that Mr. Church was not at all implicated; for on that occasion Mr. Thomas said to him, “Well, is there any thing against Mr. Church?” Upon which Mr. Patrick answered “No: Mr. Church is not all implicated.” Mr. Patrick has denied it. I am told that Mr. Thomas will positively state that to have occurred. I am told so. Then, Gentlemen, if Mr. Patrick be contradicted in that most material circumstance—if you discredit him upon that part of the case, how can you give him credit in that part upon which my leaded friend fastened, as the confirmation of the story of the boy—“that he admitted to Mr. Patrick, that he had been in the boy’s room.” But the contradiction will not end there, Gentlemen. You have already one very important contradiction in the case; for the boy went directly to the Pottery, and he made a communication to West; and I asked him distinctly, and more than once, whether he stated to Mr. West that the person who attacked him in the manner he had described, had his hand upon his private parts? and he said that he had distinctly told Mr. West, that Mr. Church had laid his hand on his private parts: but, when West came to be examined, he told us that the boy did tell him that Mr. Church had behaved in a very indecent manner to him: but that he never, before the search was made, nor in the course of the night, nor from first to last, said a word to him about that circumstance.
Now, Gentlemen, that is a very strong contradiction of the story told you to-day by this man; and if that induces you to disbelieve him, or to doubt respecting his evidence, it will be impossible for you to find the Defendant guilty of this charge.