George Duffus , was indicted for assaulting and committing in and upon the Body of Nicholas Leader , the unnatural Sin of Sodomy , on the 9th of October last.
Nicholas Leader depos'd, that being at a Meeting house in Old Gravel lane, the prisoner, after Service was ended, came to him, and seeming very religious, began some Discourse in commendation of the Minister, and of what he had then preach'd; by which means (3 or 4 Sundays successively) he insinuated himself into the good Opinion of the Prosecutor, and invited him to drink with him at Mr. Powels, in the Minories; when he askt this Evidence where he might hear of him another time; who told him, at the 3 merry Potters, at the Hermitage.
That then the prisoner promis'd he'd come and see him the first opportunity, which in a few Days he performed. The prisoner staying late with the Prosecutor, and telling him he lived a great way off, desired the Prosecutor to let him lie with him that Night, which he granted.
After they had been in Bed a little while, the Prisoner began to kiss and embrace the Prosecutor, thrust his Tongue in his Mouth, called him his dear Friend, and got on his Back; but the Prosecutor resisting, threw him off 3 or 4 times, telling him if he would not be still, he'd turn him out of Bed.
The prisoner then seizing the Prosecutor by the Throat almost strangled him, turned him on his Face, and forcibly entred his Body about an Inch; but the Prosecutor still strugling, threw off the prisoner once more, and prevented the prisoner from making an Emissio Seminis in his Body; but having thus forced the prisoner to withdraw, he (the prisoner) emitted in his own Hand, clapping it on the tail of the Prosecutor's Shirt. Saying, Now you have it!
That he had then turned the prisoner out of Doors, but for fear of disturbing his ancient Grandmother, who lay Ill in the next Room. That the prisoner told him next Morning, he need not be so concerned at what he had done to him, for he had done the same to several others, naming in particular a Cabbin Boy.
That the Prosecutor got a Warrant from Justice Tiller, and went with it the next Sunday Morning to the Meeting aforesaid, where the Constable whispering to the Prosecutor, and afterwards going to the prisoner, and sitting down by him, the prisoner being conscious of Guilt, and suspecting some Design, immediately took his Hat and went out, and they followed him, which he seeing, began to run; but they pursuing, and crying out stop him. soon overtook him and carried him before the Justice.
The prisoner cry'd, entreated for Mercy, and begg'd they would not expose him to open shame; adding, they were all Sinners, and it was hard for a Man to suffer for the first Fault.
Mr. Powel depos'd, that he first saw the prisoner at a Lecture, which was no sooner over, but the prisoner coming to him, with a very devout Face, began his Discourse with some lavish Encomiums on what the Preacher had just delivered in his Sermon; telling this Evidence he should be glad to drink with him any other time, but it being the Lord's Day, he (having a very tender and scrupulous Conscience) did not care to go into a Publick house.
Upon this they made an Agreement to meet as this Evidence's Father's House (in the Minories) on the 12th of Oct. last, where, after some Religious Discourse, the prisoner laid that his Wife was gone out of Town, and he having a pretty way home, desired to lie with him; which this Deponent (taking the prisoner to be really a sanctified Member) agreed to.
They had not been long in Bed, before the prisoner began to kiss this Evidence, and take hold of his Privities, saying, How lean you be! Do but feel how fat I am? and then convey'd this Deponent's Hand to his (the Prisoner's) Secrets.
Soon after (as the Deponent was lying on his Back) the prisoner got on him, and keeping him down, thrust his Penis betwixt the Deponent's Thighs, and there emitted.
He afterwards told this Deponent he need not be troubled, or wonder at what he had done to him, for it was what was very common, and he had often practised it with many others; at the same time desiring the Deponent to act the same with him, but he refused, replying, he was a stranger to all such Practices and telling him, if he had known before, what sort of a Man he had been, he would not have lain in the same Bed with him.
The Spermatick Injection not being proved, the Court directed the Jury to bring in their Verdict Special.