Lord Ellenborough.—Did you say, pray for him, if he was under any such temptation?—Yes; pray for him, if he was under any such temptation.
Mr. Patrick did not after that deliver any opinion to witness whether he thought Church was implicated in the transaction or not. Did not at any other time see him, and hear him say any thing about this transaction. Nothing more passed at this meeting than what witness has told. Witness afterwards recollected, and asked pardon: he met Patrick in June last, coming over Waterloo-bridge. Did not at first know him; and he spoke to witness, and he said, “My name is Patrick.” Witness said, “Mr. Patrick, why what are you doing with Mr. Church?” “Why,” says witness, “I hear you have brought something else against him: what is that?”
Lord Ellenborough.—There is no contradiction of Mr. Patrick in this. He was not asked to this (continuation of the answer). “Why,” says he, “Sir, I should not have done it, but, that Mr. Church has spoken more disrespectful things respecting Mrs. Patrick.” He said he should not have done it, but that Mr. Church had said many disrespectful things of Mrs. Patrick.
Cross-examined by Mr. Marryatt.—Believes it was the Sabbath after the 27th of September that he first heard of this. It was within two or three days after. Heard of the report two or three days after the thing happened. Witness was desirous that Mr. Patrick should call on Mr. Church. He did so, at witness’s desire. Believes Mr. Patrick brought the boy to him, and offered to have him brought face to face with Mr. Church. Mr. Patrick called at witness’s house in the course of the morning, and he sent him, he said the boy was outside. Mr. Patrick did not particularly wish witness to see the boy; believes he brought the boy to go to Mr. Church’s; witness was to go with him, and, therefore, the boy followed. The boy staid outside the door. He walked on the other side of the way, opposite to where witness was. He waited whilst witness waited, they both waited outside ready to go into Mr. Church’s when they were wanted. Mr. Patrick was to go in and hear what Mr. Church had to say; and then they were to go in too. He took the boy with him, in order that he might be taken in and see Mr. Church face to face. Witness supposes that was his intention. Witness had no particular acquaintance with Mr. Church, was only one of his hearers, and thought it would be too great a liberty for him to go to him. Mr. Patrick wanted witness to go in alone to Mr. Church first. Don’t recollect any thing that he did. Don’t know any other reason he had than that for bringing the boy. Don’t know that he said that that was his reason. He said he had the boy there. Witness told Patrick he had no particular interest in the business; had no intimacy with Mr. Church, except hearing him: thought he had no business to be interested in the knowledge of the fact, being only a hearer. Thought, therefore, what his visit would be obtrusive; certainly had no interest in it. Saw no necessity for going in and taking the boy, as he, Church, did not acknowledge himself guilty of any thing bad. Did not examine the boy, it being a delicate subject. If Mr. Church had confessed any thing, witness should have it thought it his duty to take the boy and have them face to face. Mr. Church not having confessed any thing, he would not examine the boy; that was his reason for not examining the boy. If he had confessed any thing witness would have taken the boy to have them face to face; his object was to take the boy and have them face to face, if Mr. Church acknowledged the crime. When Mr. Patrick came out and said that Mr. Church did not acknowledge any thing of it he did not think it necessary to have them face to face. Never spoke to the boy. Never asked the boy about this transaction. Mr. Patrick never gave any opinion whether Mr. Church was implicated in the transaction; but in answer to a particular part of the transaction, he said that Mr. Church asserted that it was false. Did not see the letter sent to Mrs. Hunter; about the three points of the boy’s statement which Mr. Church said he was able to contradict.
Mr. JAMES REEVES sworn.
Examined by the Common Sergeant. Was the Clerk attending the magistrate when the charge was made before him; must refer to the book—Witness produced a book to tell who was the magistrate; it was the minute book in which the entered the proceedings of the day. Mr. Serjeant Sellon appeared to have been the Magistrate on the 19th November, as it appears by the book. Being a charge misdemeanor no account was committed to writing of what the witnesses said; it was merely a note or entry of the names, as follows; “Warrant for a misdeameanor, parties appeared by the Officer, and ordered to find bail.”
Cross-examined by Mr. Marryatt.—Mr. Serjeant Sellon was the magistrate by whom the warrant was granted. The oath was administered before the warrant was granted; there had been an ex-parte examination to grant the warrant on the oath of the party;—that is in another book left behind; does not know any thing of it. There is a deposition on oath prior to the granting of the warrant.
Re-examined by the Common Serjeant.—Don’t take the depositions in cases of misdemeanor in detail. Is not aware of depositions taken in writing in any book which he had not here; was not told to bring it. There was nothing taken down in writing before the warrant was granted. After the warrant was executed, and at the time of the examination, when the Defendant was there, witness took no minutes further than the names of the parties, and what he now produced.
Mr. WOOD sworn.
Examined by Mr. Gurney.—Was present at the examination of Mr. Church before the magistrate; is a hatter, near the Elephant and Castle, in St. George’s Fields; did not take the testimony of witnesses down in writing. Foreman, the boy, in the account he gave before the magistrate, said he went out to the potter and told the potter that there were thieves in the house, and that the potter and he said the came to search the house. He was asked a question by Mr. Sellon, whether or not he searched the room where Mr. Church slept. He said, no, he did not search that room. Mr. Sellon said, “Why not search the room?” 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.