Much inquiry has since taken place; and the Defendant has endeavoured to explain; the transaction as well as he could; and he has written various letters upon the subject. Those letters are here, and they are much at Mr. Church’s service if he thinks there is any thing contained in them which will afford him any defence; because I do not think it right to withhold any thing which can throw light upon such a transaction.
Amongst other things which Mr. Church urged by way of explanation, in these letters, was a contradiction of some of the particulars stated the prosecutor. He said, that there were some matters in the statement of the boy which he was able to contradict. This declaration of Mr. Church having come to the knowledge of Mr. Patrick, he was induced by the application which was made to him, on the part of some of Mr. Church’s congregation, to make some inquiry of Mr. Church upon the subject. He accordingly took occasion to have an interview with the defendant, for the purpose of enabling himself, if he could, to explain his conduct to the satisfaction of the persons who are in the habit of attending his chapel. At that interview, he contradicted some of the particularities stated by the boy, but which are some of the most disgusting parts of the narrative. He, however, admitted, most distinctly, that he had gone into the lad’s room.
Now, when you shall have had it proved in evidence, that part of the conduct ascribed to him was admitted by the defendant, I should like to know if he really did go into that bed-room, for what possible purpose could he go there in the middle of the night? It will appear, still further, that Church was the only male person who slept in the house; for there was no other individual of the male sex to take up his abode there that night.
The question, then, will be, whether, upon the evidence I shall produce, you can have any reasonable doubt of the defendant’s intention to commit the offence imputed to him by this indictment? If you have no doubt of the truth of the boy’s story—if you have no doubt that it was the defendant’s intention to commit the atrocious crime charged upon him by this prosecution, then, however painful your duty may be, you must not be deterred by the enormity and apparent impossibility of such a crime existing in society, from the fair and honest discharge of it. There are two questions for you to determine:—First, whether the defendant was the person who entered the prosecutor’s room?—and, Secondly, if he did, whether the atrocious intention, alleged in the indictment can clearly be inferred from his conduct on that occasion? But, gentlemen, if you have any reasonable doubt upon either of these questions, I should not, as Counsel for the prosecution, desire you to pronounce a verdict of guilty. But, whatever conclusion you may draw from his statement, submitted to your consideration, I trust you will take care that your indignation against the offence itself shall not carry you to the conclusion of guilt, unless the evidence I shall lay before you warrants the conviction of the defendant.
Adam Foreman, the first witness was then called and examined by Mr. Bolland.
How old are you?—I shall be twenty the first day of December next.
I believe you are an apprentice to Mr. Patrick, the potter, of Vauxhall?—Yes.
How long have you been with him?—About five years.
Do you know the defendant, John Church?—Yes, by sight.
How long have you known him?—About two or three years.