THE KING v. JOHN CHURCH.
The Indictment charged, “That the Defendant, late of the parish of St. Mary, Lambeth, in the county of Surrey, on the 26th day of September, in the fifty-seventh year of the reign of George the Third, with force and arms, at the parish aforesaid, in the county aforesaid, in and upon one Adam Foreman, in the peace of God and our said Lord the King, then and there being, did make an assault, and him, the said Adam Foreman, then and there did beat, wound, and ill treat, so that his life was greatly despaired of, with intent, that most horrid and detestable crime, (among Christians not to be named,) with the said Adam Foreman, against the order of nature, then and there feloniously, wickedly, and devilishly, to commit and do, to the great displeasure of Almighty God, to the great damage of the said Adam Foreman, and against the peace,” &c.
The second count charged a common assault.
The Defendant pleaded Not Guilty.
Counsel for the Prosecution—Mr. Marryatt and Mr. Bolland; Solicitor, Mr. Harmer.
Counsel for the Defendant—Mr. Gurney and the Common Serjeant.
The Jury being sworn:—Mr. Borland opened the indictment, as follows—
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
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