Gentlemen, I asked the boy at first, whether, instead of going to search in request of Mr. Church, he and the potter, West, had not gone to search for thieves? and he answered me, “Yes.” But afterwards, he gave us some explanation, and said, “that he did not search the house particularly for thieves, but made a search to find if any body was about.” Now, Gentlemen, upon this subject I am also enabled to give you some evidence, because I understand that both the boy and West distinctly stated, when they were before the Magistrate, that they did go and search the house for thieves, and that they made no other search but for thieves. Now, if there was any search made for thieves—if there was any notion in the mind of this boy that thieves were in the house, it would be quite impossible that he could be correct in the story he has told you to-day. And whether he has not magnified the thing—whether something which he has supposed to have happened between sleeping and awake that never happened—whether he has not been giving you a connected account now of what he had a confused notion then—is for your consideration.
But there is another circumstance respecting the case which is very important. The transaction, if it ever did take place, took place in the night of the 25th of September. On the 9th of October, and not until the ninth of October, does Mr. Patrick go to Mr. Church. There is a lapse of a fortnight. The witness whom I shall call to you will state, that after coming out from Mr. Church’s, Mr. Patrick expressed himself satisfied that Mr. Church was not implicated. Now let us try that by the conduct of Mr. Patrick and of this boy. This is the 9th of October, and until the 12th of November no charge before a Magistrate is made. I beg to ask you whether the conduct of Mr. Patrick, in forbearing to make any charge before a Magistrate until the 12th of November, is not the strongest evidence that what my witness will state to you is true? That he was then satisfied that Mr. Church was not implicated in this abominable, odious, and unnatural transaction. Gentlemen, such charges ought never to be slept upon. No, not for an hour. If there be such a charge as that, and if it be really true that such things have taken place, no man ought to rest on it for a single hour.—The charge ought to be made directly. But, what excuse is urged for this delay? “Oh,” says my learned friend, “At last the transaction reached the ears of the apprentice’s father.” Why, you wont suppose that the apprentice’s father had just returned from an East-India Voyage, and that the transaction coming to his ears on the 11th of November, he brought forward the charge. Gentlemen, there is no pretence for such an excuse. The boy slept at his father’s. He did not sleep at his master’s. Did he return to his father’s house? His father lived within a quarter of a mile of Mr. Patrick, and he was in daily intercourse with his father, and had abundant opportunities of conferring with him upon the subject; and yet, for six weeks, no steps whatever are taken to bring Mr. Church before a Magistrate. My learned friend then told you that the father was the person who made the charge: but he has not called the father. The only person who appears here as the prosecutor is Mr. Patrick, and not the father; and they have not ventured to call the father as a witness; and there is no pretence made for the delay of this charge, unless it was that at this interview with Mr. Church, the prosecutor, Mr. Patrick, was satisfied, as I am told he expressed himself to be to the person who accompanied him, and waited at the door till he came out, that there was no ground for implicating the Defendant in this charge: and, Gentlemen, I say that his sleeping on the charge for upwards of a month after that interview with Mr. Church, is the strongest evidence that at that time he was satisfied of his innocence, and that this charge is brought forward on account of some anger, or some supposed declaration respecting Mr. Patrick’s wife, which would make him extremely angry. If you find, Gentlemen, that there were no other motives than this to induce a charge of this kind, I have no doubt you will immediately acquit the Defendant.
Gentlemen, I have no further observations to make. The charge is most odious. The crime is most odious; and if it can be more attrocious in one person than another, it is in a person who is a public teacher of religion. If such a person, in defiance of every law human and divine. In contravention of those Sacred Scriptures, which it is his duty to read and expound, and having read and expounded them he can be found so far to forget every law of human nature and every principle of virtue, by the commission of this crime, he must be the most monstrous and attrocious of the human race, and no punishment can be adequate to his offences. But the punishment which must await him, would be infinitely worse than standing in the Court below to receive sentence for the completion of this attrocious crime; because I think that compared with instant death for the consummation of the crime, the being doomed to live the object of scorn, of hatred, and abhorrence by every human being, must be a punishment infinitely worse. Gentlemen, that is not too great for such monsters: but before you find the Defendant to be such, be satisfied by the whole of the evidence of his guilt. Compare the evidence on one side and on the other; and if it raises a doubt in your mind, the Defendant is entitled to the benefit of that doubt, and you will find him not guilty.
Mr. John Thomas was the first witness called for the Defendant, and being sworn, was examined by the Common Serjeant.
Is your name John Thomas?—Yes.
Where do you live?—In Prospect-place, West’s-square, St. George’s-fields.
In what way of business are you?—An appraiser and undertaker.
Have you known Mr. Church long?—Yes.
Were you one of his hearers?—Yes.
Were you acquainted with Mr. Patrick?—Not till the report was made respecting Mr. Church.