May it please your Lordship, Gentlemen of the Jury—The Defendant, John Church, stands indicted for a misdemeanour. He has pleaded Not Guilty, and your charge is to inquire whether he be Guilty or Not Guilty. Hearken to the evidence.
Mr. Marryatt then stated the case on the part of the Prosecution; after which the court proceeded to call witnesses: the first witness called was
ADAM FOREMAN sworn.
Examined by Mr. Bolland.—Will be twenty the first day of December next. Is an apprentice to Patrick, the potter, of Vauxhall. Has been with him about five years. Knows the Defendant, John Church, by sight. Has known him about two or three years. Church is a preacher. He, Witness, attended the congregation in the Chapel where Church preaches and has often seen him. Witness sleeps generally at his father’s. There are occasions upon which witness sleeps at his master’s house when he goes out of town. Church lived by his chapel, in St. George’s Fields, the Borough-Road. Came to take up his abode at Mr. Patrick’s the 25th of September, he came to sleep there that night. Witness slept there that night. Does not know whether he (Church) had been there before. Cannot say whether he had seen him there before. Knows that he slept there on the 25th September, and that he, witness, was there. Witness’s master that night was out of town; but where he cannot say. Mr. Church, witness’s mistress, the children, and the two maid servants, slept in the house that night. There was no other man in the house except himself and Church. Witnesses bed-room was the front parlour on the first floor over the kitchen. It is not a bed-room in common in the house. Witness slept there, because there was no other bed-room that he could sleep in. There was a temporary bed, therefore, put up for him there. Witness retired to rest about one o’clock. The reason for his being up so late was because there was a kiln burning, and he (witness) was obliged to sit up to let the man into the kiln when he came. It was necessary for him to sit up to attend that kiln, and to give the key to the man, Thomas West. Witness went to bed about one o’clock,—went to sleep directly he went to bed. Had not been asleep more than half an hour before he was awoke by some one putting his hands under the bed clothes, and laying hold of his private parts very tight. Witness put his hand out of the bed-clothes, and caught hold of him and asked him who he was? and laid hold of him, as near as he could guess, by the upper part of his arm; felt lower down, and found by the sleeve that he had got a man’s shirt on; found the wrist was buttoned; knows very well it was a man; could not tell that from the feel of the flesh. Witness was here asked by Lord Ellenborough by what circumstance? and answered because he had got a man’s shirt on. The person, in answer to what he said, answered—“Adam, don’t you know me? I am your mistress,” in a faint voice, like a woman; it was not the voice of his mistress, Mrs. Patrick; witness knew the voice directly he heard it; it was Mr. Church’s voice; Church fled the room directly, that is he went out in a hurried step. Witness then got out of bed, and put on his small clothes and shoes, and went to the man up at the kiln. As he opened the door witness saw by the lamp that it was Mr. Church, and he had only his shirt on. The lamp that enabled witness to see the person of Church is outside of the front street door, on the terrace. The lamp throws a light through the fan-light of the hall door. Witness was here asked by Lord Ellenborough whether the lamp was at the street door? and he answered, yes. It is a parish lamp; not one of the new lights; nor a gas light. Question by Lord Ellenborough—Where were you standing at the time?—I was getting up, my lord. Witness went out of his room. In answer to a question by Lord Ellenborough, witness answered, he saw it was Church by the lamp at the street door. Witness was then in bed, sitting up; had not then left his bed; did not open the door; Church did that. Witness saw him go out through that door; and then observed that he had a shirt on. The shirt or dress of a man is much shorter than that of a woman, and, therefore, he must have seen whether it was a shirt or a shift. It was the shirt of a man witness is sure. Did not see his face at all; his (Church’s) back was towards witness. When he was gone, witness got up and put on his small clothes and shoes, and went into the pottery to get the man to come up to the house; told Thomas West of it. Witness was here asked by Lord Ellenborough whether West was in the pottery?—and answered, he was; it was the Thomas West that was in the pottery before witness went to bed.
Cross-examined by Mr. Gurney.—The person, whoever it was, opened the door and went out, afterwards shut the door after him. Saw him when he opened the door. There was no light in the room. The light came from a lamp on the Terrace. The lamp is between five and six yards from the door on the Terrace. The Terrace on which witness’s master’s house is situated, is a row of houses raised above the road. The lamp is upon the Terrace opposite the door. About five or six yards from the door. The light which it gives to the passage is through the fan-light over the door. Did not see the face of the person. Saw that the person had a shirt on. Was rather alarmed, waked out of his sleep in this way. It was not long about. Witness don’t know how long he (Church) had been there before witness awoke. Witness went directly to West, who directly came with him and searched the house for thieves. Did not know whether any body had got in or not. Looked at every chamber-door in the house except Mr. Church’s and witness’s mistress’s. Looked at the door of Mr. Church and that of his mistress, but did not open them. They were both of them shut. Did not find any door open. Looked at all the doors in the house, and found them all shut. The maid servant’s door was on the jar. All the other doors were shut. After that witness and West searched the house all over. West stopped while the witness put on the remainder of his clothes, witness then went back with West to the pottery, after having locked the door. Told West this story directly, told him that Mr. Church came down into his (witness’s) room and behaved in a very indecent manner, that he had laid hold of his private parts, &c. Did not search the house for thieves in particular; but searched if any body was in any of the rooms. Mr. Bolland here said, I asked you before whether you did not search the house for thieves; and you answered “Yes,” are you right or wrong in that?—I asked you before whether you and he did not search the house for thieves, and you told me that you did?—Witness answered, we searched the house: we looked all over it, to see if there was any body in any of the rooms, but not for thieves in particular. Witness did not think of thieves, because he knew who it was. Did not go into the maid servants’ room; only looked in; having found the door open, looked in. The two maids slept in that room; one is witness’s sister. The door being ajar, witness pushed it in a little, and saw they were abed. Did not speak to them.
Re-examined by Mr. Bolland.—Witness did not search the house for thieves because he knew who the persons was. The reason of his searching the house was because he wished to be quite right before he made the accusation against Mr. Church. Witness and West found there was no other man in the house but Mr. Church. There was not any door or window open at which any other man could have come in. The light from the Terrace struck through the fan-light or window over the door. It gives a pretty fair light to the hall, it shews a little light up the stairs. It was at the time the person opened the door and went out that witness got this view of his person.
Examined by Lord Ellenborough.—Did not hear Church when he first came into the room. Was awakened by the application of his hand to witness’s person. He was standing upon the floor. Witness has not any difficulty in hearing. Witness did not call to him by name, or give him to understand that he knew who he was. Witness saw his (Church’s) back as he went out of the room. It appeared to be the height of Mr. Church. Cannot say what height he is. He had a night-cap. Cannot exactly say whether it was a man’s night-cap or no. Thinks it was a handkerchief tied round his head. Cannot tell what sort of handkerchief it was. When witness and West searched the house and examined the different doors they went to Mr. Church’s door, but did not touch it, nor did they go in. West wanted to go into the room and pull him out. When West wanted to putt him out, witness did not call to him because he was afraid of disturbing his mistress; she would have been very much alarmed. Church never had any conversation with witness, nor did he ever make any overture of this sort to him before this time. There was nothing particular in his manner or conduct towards witness before this time. Witness has not spoken to him at all since. Has attended before a Magistrate with him; spoke in his presence there, but not to him; did not hear him speak before the Magistrate. He did not speak at all before the Magistrate. Witness gave the same account before the Magistrate that he has now done here. Did not know whether it was a handkerchief or a night-cap that was upon his head. There are not any other circumstances from which he, witness, collected that it was a man. The hand did not continue upon witness’s person after he awaked at all. The hand was withdrawn then. He said that he was witness’s mistress. By the height of the person he saw, witness could ascertain whether it was or was not the height of his mistress, or any of the female part of the house; Mr. Church was a great deal bigger than any body there; witness does not think he is quite six foot; he is a tallish stout man. There was light enough by the lamp that witness has spoken of to see the outline of the man so as to be able to say that he was a tall person. Mrs. Patrick is a very little woman, quite a different person from the person witness saw in the room. The maid, who slept in the room with witness’s sister, was about as tall as witness—(The Witness was about five feet seven)—not quite so tall. Witness was sure it was not her.—The Witness withdrew.
THOMAS WEST, sworn.
Examined by Mr. Marryatt. Is workman to Mr. Patrick, the Potter. On the morning of the 26th September last relieved Adam Foreman at the kiln. It was about half past twelve o’clock. Went to the pottery to relieve him. Foreman left witness shortly afterwards, for the purpose of going to bed. It was about an hour before witness saw him again, when witness did see him again he was only part dressed. He had on his small-clothes, his shoes, and one-stocking. He came to witness in a very great fright, and bid him light his candle; he appeared very much alarmed, and bid him light his candle, and come along with him up to the house. He told witness, as they were going along the garden, that Mr. Church has been to him and behaved in a very indecent manner. Did not explain how. He unlocked the door and witness went into the house with him; it was the back door of the house; the outer door; the garden door. When they got to the house he went and put the remainder of his cloths on and they went and searched every room in the house, beginning at the bottom and going to the top, except witness’s mistress’s room and Mr. Church’s; they went into all the rooms except Mr. Church’s and Mrs. Patrick’s. Did not open the door of either of those two rooms. When they came to Mr. Church’s door witness said, “I’ll go and pull him out; shall I?” The lad said, “No,” for fear of disturbing his mistress. Upon that observation of the lad’s, about disturbing his mistress, witness forbore going into the room. Foreman came along with witness into the pottery; became down stairs, locked the back door, and staid with witness the whole of the remainder of the night; he returned with witness to the pottery, and staid till the morning; searched all the rooms of the house, to see if there was any other person in the place; did not find any window or door open, at which any body could have got into the house; they were all close and fastened.
Cross-examined by the Common-Serjeant.—When Foreman came to witness, he told him that Mr. Church had been there; but did not explain what he had done; is quite sure of that.