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