_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 The hand was withdrawn then.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_.