Then, after the warrant was executed, and at the time of the examination when the Defendant was there, you took no minutes?—No farther than the names of the parties; and what I have here.
Mr. Wood sworn.
Examined by Mr. Gurney.
Were you present at the examination of Mr. Church before the Magistrate?—I was.
What are you?—A hatter, near the Elephant and Castle, in St. George’s Fields.
Lord Ellenborough.—Did you take the testimony of the witnesses down in writing?—No.
Mr. Gurney.—Did Foreman, the boy, in the account he gave before the Magistrate, say for what purpose he searched the house?—He said that he went out to the Potter and told the Potter that there were thieves in the house, and that the Potter and he came to search the house. He was asked a question by Mr. Sellon, whether or no he searched the room where Mr. Church slept. He said, No, he did not search that room. Mr. Sellon said, “Why not search that room?”
What answer did he give to that?—The answer he gave was that the Potter wished to break the door open. Mr. Sellon said, “Did you try the door to see whether it was open, before the Potter talked of breaking it open?” He said, No: he did not wish to disturb his mistress.
Whilst the Potter was examined, did he say what was the alarm that Foreman gave to him; did he say what was the alarm?—I cannot charge my memory as to that.
Mr. Gurney.—My Lord, this is the case of the Defendant.