John Casey, of St. James Westminster, was indicted for Assaulting Francis Godelard, in an open place near the Highway, putting him in fear and taking from him one Shilling, on the 5th of November last.
Francis Godelard depos'd, that in the dusk of the Evening, as he was sitting on the Bench at that end of the Mall next Buckingham House in St. James's Park; the prisoner came, sat by him and ask'd him what it was a Clock? About six, said the Evidence. Are you sure of it? (says the prisoner), can you be positive that it is just 6? Let me see your Watch.
The Prosecutor thinking he had no good design by being so inquisitive, got up, and walking down the Mall the prisoner follow'd him and askt him for half a Guinea; he told him he had no Money. But says he I know you have.
With that the prisoner took him by the Collar, drag'd him out of the Mall towards the Canal, threw him down, search'd his Pockets, and at last took out a Shilling, and ask'd him where the rest was, for he knew he had more. He answer'd he had no more.
The prisoners than askt him for his Watch, he told him he had none: the prisoner then broke the Wastband of his Breeches to search him: The Prosecutor cry'd Murder, and the Prisoner a Sodomite. They ask't the prisoner why he charged him with Sodomy.
Why (says the Prisoner) don't you see my Hand in his breeches? They were then carried before a Justice, and both committed to the Gate-house, on suspicion of Sodomy.
Richard Allen a Soldier depos'd, that being upon Duty, he heard a disturbance in the Grass: he went towards the place, expecting to have found a Man and a Woman engag'd, but approaching near: the prisoner call'd to him and said, Centry come hither, here's a Sodomite!
When he came close to them, he saw the prisoner have hold of the Prosecutors privities, and asking him the reason of it, the prisoner answer'd: He wants to B----r me; that he did not hear the Prosecutor charge the prisoner with a Robbery. The Jury acquitted him.
[Verdict: Not Guilty]