“Church never had any conversation with me, nor did he ever make any overture of this sort to me before this time. There was nothing particular in his manner or in his conduct towards me before this time. I have never spoken to him at all since. I saw him attend before the magistrate. There I spoke in his presence, but not immediately to him. I did not hear him speak before the magistrate. I have given the same account before the magistrate that I have now done here. I know no other circumstances from which I could collect that it was a man. The hand was withdrawn when I awoke. By the height of the person I saw, I could ascertain whether it was or was not the height of my mistress or any of the female part of the house. Mr. Church was a great deal bigger than any body there. I don’t think he is quite six foot. He is a tall and stout man. There was light enough by the lamp to see the outline of the man, so as to be able to say that he was a tall person. Mrs. Patrick is quite a little woman, she is quite different person from the person I saw in the room. I am quite clear of that. The maid who slept in the room with my sister, is about as tall as I am; not quite so tall. I am quite sure it was not her. There was no other maid in the house.” This is the evidence of the first witness; and you observe he says, he is quite sure it was not any of the females of the house who came into his room; and he is quite sure that there was no other male person in the house besides himself and the Defendant Church; and he is certain that it was not the maid nor his mistress.