Now, assuming the fact to be that Mr. Church was in the room at the time this offence was supposed to have been committed, that alone imposes upon him the necessity of giving some explanation for the occasion which brought him there. If, in addition to the fact of being there, which he admits, himself, to be true, you should believe the boy further in his statement that such an overture was made to him, and that the hand of a man was put upon his private parts in bed, you will have to say with what other purpose than as an inducement to the commission of an unnatural crime, it had been placed there. That is, supposing you believe the facts as stated by the young man. I should apprehend that no reason can be suggested for such an indecent intercourse (supposing it did take place) with this man’s person unless it was a prelude or inducement to the committing of the crime imputed to the defendant. Now the main question for your consideration will be, whether that which is sworn by Foreman, and confirmed by Mr. Patrick, is truly sworn. I think too much stress has been laid upon the circumstance, stated about the searching for thieves, which it is said, on the part of the defendant, was the avowed object of Foreman in returning to the house. It was very natural and highly probable when he apprehended, if he did truly apprehend, that a male person had come into his room and had accosted him in the manner he stated, that he should be clearly satisfied before he went farther in communicating to the potter the indecencies offered to his person, that there was no other male in the house, and seeing that no other male could come into the house at that time of night, unless he came for this purpose and no other. In this point of view, I think it is not at all unnatural or improbable in his conduct, even if he had said that he had gone in search for thieves; and, if you recollect, his evidence was, “that he had searched the house, not for thieves in particular, but to see if there was any body in any of the rooms.” “I did not think of thieves,” says he, “because I knew who it was,” and so on. He now says, that at that time he knew it was Mr. Church, and therefore he did not think of searching for thieves, his object being, in searching the house, to ascertain whether there was any other male in the house besides the one to whom he attaches the crime imputed by this indictment. Gentleman, I shall now proceed to state to you the evidence as it has been given on both sides.