Part 1

Transcribed from the [1817] John Fairburn edition by David Price, email [email protected]

[Picture: Public domain book cover]

FIFTH EDITION, _Church burnt in Effigy_! _Rev. J. L. Garrett’s Vindi-_ _cation_, _the Whole of the Evidence_, _&c. &c._

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HAY & TURNER have had the affrontery to call their Scribble the only Genuine Edition! whereas, it is not so correct as FAIRBURN’S.—_John Church_.

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THE TRIAL AND CONVICTION OF THAT _INFAMOUS HYPOCRITE_ JOHN CHURCH,

The SURREY TABERNACLE PREACHER, BOROUGH-ROAD, ST. GEORGE’S FIELDS, FOR AN Abominable Offence; INCLUDING THE WHOLE OF THE EVIDENCE; Tried before LORD ELLENBOROUGH, at the Surrey Assizes, Croydon, Saturday, August 16, 1817.

~~~~~~~~~~~~~~~~~~~~ TAKEN IN SHORT HAND. ~~~~~~~~~~~~~~~~~~~~

TO WHICH IS ADDED, HIS LIFE, CONFESSIONS, NOTES OF ONE OF HIS SERMONS, THE WHOLE OF THE LOVE-LETTERS, &c. &c.

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“_Woe unto you_, Scribes and Pharisees, _Hypocrites_! for ye compass sea and land to make _one Proselyte_; and, when he is made, ye make him _two-fold more the child of Hell_ than yourselves.”

“Ye Serpents! ye generation of Vipers! _how can ye escape the damnation of Hell_?”

ST. MATTHEW, CHAP. xxiii. v. 15 & 33.

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LONDON: Published by JOHN FAIRBURN, 2, Broadway, Ludgate-Hill. (_Price Sixpence_.)

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Marchant, Printer, Ingram-court, London.

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SURREY ASSIZES, CROYDON, _Saturday_, _August_ 16, 1817.

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

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.

_Lord Ellenborough_.—What words did he use?—He only told me that Mr. Church had behaved in a very indecent manner to him.

Witness had never any intimation that there were thieves in the house; did not go to search for thieves in the house. When Foreman told him that Mr. Church had behaved in a very indecent manner to him, witness went to see if there was any other person in the place. Foreman did not tell witness he believed there were thieves in the house. Witness is quite sure Foreman did not explain in what way Church behaved to him. He did not say any thing like—That he came to his bed-side and laid his hand on his private parts. This was on the night of the 25th of September; witness afterwards went before the magistrate, at the same time with Foreman, the apprentice. To Union Hall. Foreman did not, in the course of the morning, when staying with witness, and after he had been to the house, tell witness what Church had done to him, and that he had laid has hand upon his private parts; never told him so, from first to last. Witness cannot say at what time it was that he went before the Magistrate with Foreman; cannot say the day of the month; it was some time afterwards; believes it was six or seven weeks after; the lad then went with his father; the lad generally slept at home at his father’s; his father’s is about a quarter of a mile from his master’s; he slept at his father’s the next night but one; it was not till about six or seven weeks after that, they went to the justice; witness did not communicate with Mr. Patrick upon the subject before he went to the justice.

MR. PATRICK _sworn_.

_Examined by Mr. Bolland_.—Is a potter at Vauxhall. The boy, Foreman, has been with him ever since he has been in the pottery business, between five and six years. He only slept in witness’s house occasionally; that is, whenever he (witness) leaves town; and then he has the key of the pottery, there being no other male in the house. Witness was absent from home on the 25th of September last. The boy on that occasion was to steep in his (witness’s) house. The bed that had been put up for him was a chair-bed in the front parlour; a temporary bed for a nurse occasionally. Witness knows the Defendant, John Church. He is a Baptist preacher. Witness first became acquainted with him when he came to Vauxhall. Witness attends his chapel, and so became acquainted with him. His residence is adjoining the chapel. In the month of September he came to sleep at witness’s house. Witness put a bed up for him. He had complained of ill health occasionally; and thinking that he was ill, witness asked him out of friendship to take a bed at his (witness’s) house, supposing that the air would be of service to him. Does not live very close the river. Witness was out from home on the 25th of September. Did not return till the evening of the 26th. The boy, Foreman, made a communication to him the next morning when he saw him. Witness returned on the evening of the 26th.

_By Lord Ellenborough_.—Then it was the day but one after, namely, the morning of the 27th that the boy made the communication to you?—Yes; my Lord.

Did not see Foreman on the night of witness’s return—not to speak with him. On the morning of the 27th he made the communication to witness respecting this transaction. Witness told Foreman he was extremely sorry for what had happened. Witness had had many applications from the congregation, to whom he made it known. It was in consequence of the information they had received from general report, that they applied to witness for authentic information. Several of the congregation made those applications. There was a meeting upon the subject. In consequence of applications made to witness from the congregation, he went to the Defendant, Church. Thinks it was on the 9th of October. There had not before that been a meeting of the congregation, at which witness was present. Did not take any steps between the 27th of September to see Church, and the 9th of October, upon the subject. That was the first communication witness had with Church upon the subject. Church said to him, he took it extremely kind of witness in calling upon him. Witness told him he might take it as he pleased; that he did not come willingly, but that some of his congregation thought that witness ought to see him on the business. Patrick cannot say Church, appeared to be apprized of the subject before witness began; but believes he was apprized from what afterwards occurred. Witness told him he (witness) waited upon him, having seen a letter wherein he denied three particular points of the boy’s statement; and witness wished to know what those points were. He said that he denied having hold of the boy, or the boy having told of him; or he, Church, saying that he was the boy’s mistress. He admitted he was in the room, but denied laying hold of the boy’s private parts; did not state any reason for being in the room at all. He said that he denied three particular points, two of which witness had already named. The other was something that did not occur to witness to be important, and which he did not take any notice of, consequently does not remember it. Witness told him that, of these two points mentioned, the boy was positive, and witness had no reason to doubt any thing that the boy had said, as he had never known him to tell a lie. He said that he was sorry for it, because that confirmed _antient reports_; witness told him it did so; and, of course, that now he should believe all that he had heard heretofore. Witness then wished him a good morning. Did not see him at any time afterwards to speak to him; has seen him, but not spoken to him since. The letter that witness had seen, which he spoke to Church about, was a letter dated the 6th of October, addressed to a Mrs. Hunter. Witness took an exact copy of it. Mr. Harmer has it. Is that the copy? (_A paper put into the witness’ hand_.) Yes; it is an exact copy. Witness did not read that copy of the letter to Church; he had. not the copy at that time; only told him he wished to know what the three things were which he could deny, as asserted by the boy; does not recollect the third point; it is not material. He admitted being in the room, but denied the laying hold,—he said, “I was in the room; but I did not lay hold of the boy.” Did not say why he was in the room. Witness returned the letter of the 6th of October to Mrs. Hunter. He got it from Mrs. Hunter, and to Mrs. Hunter he returned it.