Part 1

Transcribed from the 1817 Hay and Turner edition by David Price, email [email protected]

[Picture: Public domain book cover]

THE TRIAL AND CONVICTION OF JOHN CHURCH,

THE Preacher OF THE SURREY TABERNACLE, BOROUGH ROAD, AT THE _Surrey Assizes_, _at Croydon_, _on Saturday_, _the_ 16_th_ _of August_, 1817,

FOR AN ASSAULT WITH INTENT TO COMMIT AN

Unnatural Crime.

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TAKEN IN SHORT-HAND, BY A BARRISTER.

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The profits arising from this Publication will be given to the Prosecutor to assist in defraying the expenses of the Prosecution.

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London: _PRINTED AND PUBLISHED BY HAY AND TURNER_.

11, NEWCASTLE STREET, STRAND;

AND MAY BE HAD OF W. WRIGHT, MARSH-GATE, LAMBETH, AND ALL BOOKSELLERS IN TOWN AND COUNTRY.

1817.

_Price Two Shillings_.

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TO THE PUBLIC.

IN presenting to you the following account of the Trial of JOHN CHURCH, for an attempt to commit one of the foulest crimes recognized by the law of nature, the Publishers have no wish to echo the triumphs of a party—they are actuated only with a desire to hold up the abominable wretch to general observation, that innocent youths may not unguardedly become the victims of his brutal passion—the occasion calls for sorrow rather than joy; and the Christian Philanthropist will feel more inclined to shed the silent tear, than indulge in exultation, while he peruses this record of human degradation.

In some cases, it appears desirable not to suffer trials of a criminal nature to appear in print, particularly when the facts are too indecent, lest the tender feelings of any should be injured, or that information given which had better be withheld; but when the subject of conviction is a creature, who pretends to be the guide of hundreds in the paths of our Holy Religion, and under its sacred name, is not only ruining the bodies, but the souls of many of his hearers, than silence becomes a crime, and a full exposure an imperative duty.

We regret, that among the followers of this wretch are to be found many young men, who not only countenance his cause by their presence, but advocate it with their talents;—that charity, which covereth a multitude of sins, leads us to indulge the hope, that hitherto they have acted conscientiously and from principle—that they have believed their leader was the object of cruel persecution—that he suffered for righteousness sake—and under this impression, we pity rather than condemn them; but can they be of the same opinion now? We request their attentive perusal of the following pages; we beg of them to notice the evidence produced for the prosecution, particularly the copy of a letter to Mrs. Hunter, the original of which was artfully suppressed, and the admission of Church himself, and then say, whether this _conviction_ does not “_confirm ancient reports_?” Let them read the contradictory evidence of Thomas, and the observations made thereon by the learned Judge who tried the prisoner; let those who were present remember his agitated appearance in Court, and the manner in which he unwillingly confirmed the evidence of the prosecutor’s master, and then say on which side the _truth_ appears to preponderate. If the hearers of Church do not wilfully close their eyes, and pervert their judgments, they can have but one opinion, viz. that the verdict of the jury is the verdict of every one who values the cause of religion, morality, and virtue.

If however, the hearers of this creature still continue to frequent this “Tabernacle of Iniquity,” every person will naturally believe, that other motives, and not a desire to be edified by the ministrations of their _convicted_ pastor, actuate them—they will ever be looked upon with a suspicious eye, and their character, and every thing that is dear to them in this life, will be sacrificed for ever, in the opinion of every good man.

It may be expected that something should be said of the conduct of those females who have so long patronized this deceiver of their souls. How can they longer listen to a wretch who must _detest_ them in his heart, and nothing but his love of gain makes him court their friendship? Can they now, in the presence of a disgusted public, enter the doors of his “den of thieves?”—If they can, friends must blush for the inconsistency of their conduct: most sincerely do we hope that all who respect their reputation will never approach “the Surrey Tabernacle” until the present occupier and all his associates have left the place.

Much praise is due to those who have at last brought JOHN CHURCH to justice: every thing that could be done by bribery and persuasion were resorted to by his friends; but they found the Prosecutor, in this respect, invulnerable. The youth has acted nobly; and the praises of the Public are due to him for his resistance to the wishes of that wretch, who would have gloried in being the murderer of his peace for ever!

One fact however, as it reflects considerable _credit_ on the _respectability_ of the Defendant and his legal friend, must not be omitted—the person employed to _defend_ the Prisoner was a Jew Attorney, very well known to many. He applied to the Prosecutor’s father several times, and tendered his services to conduct the prosecution, assuring him he should not expect any pecuniary remuneration for his exertions in bringing such a character to justice. He advised the Father, as he was a poor man, to accept a sum of money, if it were offered, and compromise the business: this proposal was indignantly rejected, and the man treated as he deserved to be—with merited contempt. We regret also that a man, whose duty is the apprehension of transgressors against our laws, should have interfered most unjustly to hush up the matter.

Some, perhaps, may think that too much severity appears in our observations against the Prisoner—but, can this be the case? Can any man feel too indignant at the conduct of such miscreants?—We cordially agree with the learned Counsel for the Prisoner, that if a wish would sweep such characters from the creation, that wish would be immediately expressed by every true British heart.—Are we too severe? _Remember the conduct of the Almighty_, _who sent fire and brimstone from Heaven_, _and consumed the GUILTY Inhabitants of Sodom and Gomorrah_, _lest their filthy bodies should pollute the grave_.

The friends of the Prisoner have publicly supported him in his defence by their Subscriptions. The Prosecutor has stood almost alone; but, confident that the liberality of the Public was never appealed to in vain—that they will always assist the injured poor in bringing their oppressors to punishment, this Publication is submitted to them; and they may rest assured that the profits will be devoted towards defraying the expenses which have been necessarily incurred in bringing this “Monster of Iniquity” to Justice.

21_st_ _August_, 1817.

THE TRIAL, &c. &c.

THE KING _versus_ 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, detestable, and sodomitical crime (among Christians not to be named) called Buggery, 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. BORLAND; 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 enquire whether he be Guilty or Not Guilty. Hearken to the evidence.

Mr. MARRYATT then stated the case on the part of the Prosecution, to the effect following:—

May it please your Lordship, Gentlemen of the Jury—I am extremely sorry to have occasion to state to you that the offence imputed to the Defendant (which my Learned Friend, Mr. Bolland; simply opened as a misdemeanour) is an assault, with the intent to commit an unnatural crime; and I am sure, on an occasion of this nature, it would be unnecessary for me to bespeak your serious attention to a charge so serious in its consequences to the Defendant. The Prosecutor in this case is a youth, about eighteen or nineteen years of age, the apprentice of a Potter at Vauxhall, whose name is Patrick. He had been apprenticed to him some time, and resided in his family. The Defendant is a preacher—not of the Established Church, but of a Dissenting Chapel, not far distant from Vauxhall, and Mr. Patrick and his family had been in the habit of attending that Chapel and hearing Mr. Church’s discourses. Their apprentice used frequently to accompany them to the Chapel, and by that means he became perfectly acquainted with the person and voice of the Defendant, Church. He knew him extremely well by name and description. In the month of September last, Mr. Church complained to Mr. Patrick that he was in ill health, and attributed that circumstance to the confined situation of his apartments near to the Chapel. Being ill, Mr. Patrick, as a matter of civility and attention to the Preacher of the Chapel which he frequented, invited him to come to Vauxhall, where he had a spare bed, much at Mr. Church’s service. Upon this invitation, Mr. Church came, and he slept there on Monday, the 23d of September, for the first time. I am not quite certain as to the precise night he came; but on the night of the 26th day of September, the transaction occurred which gave rise to the present proceeding. Mr. Patrick had left town on business, but not before Mr. Church came in the first instance; but during Church’s stay he departed for the country. During the master’s absence, it became necessary for Foreman, the apprentice, to sleep in the house. The only spare bed was occupied by Church, the Defendant, and therefore a temporary bed was made up for the apprentice. He had a resting place made up for him in one of the parlours of the house. It happened that on the evening when this transaction took place, the Prosecutor had been staying up to attend a kiln which was at work on Mr. Patrick’s premises.

Mr. GURNEY.—I am told one of your witnesses is now in Court.

Mr. MARRYATT.—I am not aware of that circumstance. If he is, he must certainly go out of Court.

Mr. GURNEY.—I am told Mr. Patrick is in Court.

Mr. MARRYATT.—Then I beg he will go out; and that all the witnesses will remain outside until they are severally called.

Gentlemen, I was stating to you, that on the night in question, Mr. Patrick went out of town on some business. An occasional bed was made up for the apprentice. Mr. Church occupied the only spare bed-room in the house. The apprentice, I believe, was not in the habit of sleeping in Mr. Patrick’s family, except when his master went out of town; for otherwise there would be no occasion to make up a temporary bed for him, if he was in the practice of sleeping there. Between twelve and one o’clock in the morning, the apprentice retired from the burning of the kiln, to take his rest in the bed thus assigned him. He got into bed, and went to sleep almost immediately; and at no very great distance of time, he was awakened by the approach of Mr. Church in his bed-room. Mr. Church was not ignorant where the young man slept and the manner in which he was accommodated. The apprentice was alarmed, and certainly had no doubt of what Mr. Church’s intention was in coming to his bed-chamber. You must hear the circumstances from the witness; and I have very little doubt that you will be satisfied from his evidence, and that of the other witnesses I shall have to call, that the intention of the defendant was that imputed to him by this indictment. The advances and overtures made to the apprentice in the way that he will describe to you, must leave very little doubt in your mind of the intention of the person who went into that room. Indeed it would be very difficult to assign any good reason for Mr. Church’s coming there. The lad was surprised. He awoke and laid hold of the person by the arm, and called out, “Who is there?” The Defendant said, in a feigned feminine voice, “Don’t you know me, Adam? I’m your mistress.”—The lad was extremely surprised at this; he knew that it was not his mistresses voice; and he knew by having caught hold of the shirt sleeve of the person who addressed him, that it was not a woman, but a man. In consequence of this, he endeavoured to lay hold of him; the Defendant however retired from the room and went up stairs. I told you that the lad had a temporary bed made up for him in the parlour; and upon the defendant’s retiring from the room, the prosecutor had a distinct opportunity of seeing his person; for it seems that the door of the parlour was opposite the fan-light over the street door, through which a light was given by the lamp in the street; and upon the Defendant’s retiring, the prosecutor had a distinct view of him, and knew him extremely well to be Mr. Church. He hardly knew how to act. He was unwilling to alarm his mistress at that hour of the night; not indeed that it was a story fit to be mentioned, or stated to her at any time by him. He, however, went out of the house to the person whom he had left at the kiln in the pottery when he retired to rest. That person’s name is West; and he gave him an account of what had passed. West was for going into the house and turning the Defendant Church immediately out; but the prosecutor said it would occasion an alarm to his mistress, and he thought it better to postpone the business until the morning. Accordingly, Mr. Church was not disturbed for that night; but in the morning some inquiry was made by Mrs. Patrick, who asked whether the prosecutor and the servants had not been disturbed in the course of the night, by some persons coming up or down stairs? Some explanation was given her of the cause of the disturbance, but not to the full extent, it being thought adviseable not to explain the whole to her, as Mr. Patrick was returning home that night, when the prosecutor determined to detail the whole transaction to his master. The prosecutor had given his mistress some account of what had occurred, but withholding from her that part which he thought improper for female ears to hear. Mr. Patrick however came home the next day, and the prosecutor told his story to him; and on the following day several of Mr. Church’s friends having heard that the boy had told his master what had occurred, came to Mr. Patrick to inquire what was the extent of the information he had received. Mr. Patrick communicated to them the whole of the information which the boy had given, and said he thought it necessary that Mr. Church should explain his conduct. By this time the thing was generally known and buzzed about. Some of the congregation were desirous that no proceeding should be instituted against the Defendant, as the public investigation of such a transaction would be a disgrace to the individuals of the congregation and to the cause of religion itself. Whilst Mr. Patrick and some of his friends, who were of the same religious persuasion, were some days hesitating about what course to pursue, the boy’s father came to the knowledge of the transaction; and he without any sort of ceremony took him before a Magistrate and laid the complaint which has given rise to this prosecution against the Defendant, Mr. Church.

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.

What is he?—A preacher.

Have you attended the congregation in the Chapel where he preaches?—Yes.

And have you often seen him?—Oh, yes.

Do you sleep generally at your masters house, or at your fathers?—At my father’s generally.

Are there any occasions upon which you do sleep at your master’s house?—Yes.

When is that?—When he goes out of town.

When your master goes out of town, then you sleep at his house?—Yes.

Where did Church reside? Where did he live?—He lived by his chapel.

Where is that?—In St. George’s Fields. It comes out of the Borough-road.

There he lived?—Yes.

Now, did he at any time come to take up his abode at Mr. Patrick’s?—Yes.

When was that?—The 25th of September, he came to sleep there that night.

Do you know what was the occasion of his coming?

Mr. GURNEY.—That must be of his own knowledge.

Mr. BOLLAND.—Mr. Patrick will tell us.—I believe he came—

Mr. GURNEY.—You must not tell us, Sir, unless you know it of your own knowledge.

However, he came to sleep there?—Yes.

Did you sleep there that night?—Yes.

Was that the first night he came?—I don’t know whether he had been there before. I cannot say whether I had seen him there before.

You know that he slept there on the 25th of September, and that you were there?—Yes.

Where was your master that night?—He was out of town; but where, I cannot say.

Who slept in the house that night?—Mr. Church, my mistress, the children, and the two maid servants.

Was there any other man in the house, except yourself and Church?—No.

Where was your bed room?—The front parlour on the first floor.

That is the ground floor?—It is over the kitchen.

Is that a bed-room in common in the house?—No, it is not.

Then how came you to sleep there?—Because there was not any other bed-room that I could sleep in.

Was a temporary bed therefore put up for you there?—Yes.

Now, at what time did you retire to rest?—Near one o’clock.

What had kept you up so late?—There was a kiln burning, and I was obliged to sit up to let the man into the kiln when he came.

Was it necessary for you to sit up to attend that kiln?—Yes; and to give the key to the man.

Who was that man?—Thomas West.

And you went to bed about one o’clock?—Yes.

Did you go to sleep?—Yes; directly I went to bed.

After you had been asleep, did any thing happen to you?—Yes.

State what it was?—I had not been asleep more than half an hour, before I was awoke by some one putting his hands under the bed clothes, and laying hold of my private parts.

In what way?—Laid hold of me very tight.

Did you say any thing, or did the person, whoever it was, say any thing to you?—Yes. I put my hand out of the bed clothes, and caught hold of him, and asked him who he was?

What did you say?—I asked him who he was—I said who are you?

And you say you laid hold of him?—Yes.

By what part did you lay hold of him?—As near as I can guess it was the upper part of his arm.

Upon laying hold of him, what observation did you make? What did you ascertain from laying hold of the person? Could you tell whether it was a man or a woman?—I laid hold of his arm, and felt lower down, and found by the sleeve that he had got a man’s shirt on.

How far did you feel lower down?—I had a hold of him by the upper part of the arm, and running my hand down to the wrist, I found he had a man’s shirt on.

Could you tell whether the wrist was buttoned?—Yes.

Was it buttoned?—It was.

Could you tell at all by the feel of the arm itself, whether it was the arm of a man or a woman?—I knew very well it was a man.

Could you tell that from the feel of the flesh?—I could not tell that.

By Lord ELLENBOROUGH.—You knew it was a man—By what circumstance?—Because he had got a man’s shirt on.

You knew it was a man by the shirt?—Yes.

By Mr. BOLLAND.—Did the person say any thing to you in answer to what you said?—He answered—“Adam, don’t you know me? I am your mistress,” in a faint voice, like a woman.