Patrick Malcolme , was indicted for Committing Sodomy with John Pokins, aged 17. June 15.
The first Witness has depos'd.
The Prisoner was Journeyman in my House, and Pokins his Apprentice. Tokins had committed several Robberies, and his Mother to prevent his being hang'd had provided a Master to send him to Sea.
I understood one Night that the Prisoner was with him in the Room where he lay, and fearing that he would wheedle Pokins to discover who this Captain was, and so prevent his being sent away. I pull'd off my Shoes, and went softly up Stairs, in Expectation of hearing some Discourse about it, but I was surpriz'd to hear something of a very different Nature.
Then the Witness gave an Account of several Expressions, not to be repeated, which strongly implied, that they were committing Sodomy together.
A Constable was call'd, and when we came in the Prisoner trembled, and Jack pretended to be asleep.
John Pokins depos'd that there was nothing at all in it, his Mistress was perjur'd, that the Prisoner never touch'd him, nor was within two Foot of his Bed Side.
The Prisoner call'd several Men and Women to his Reputation who depos'd but he was a kind Husband to his Wife and a careful Father to his Children, and always pretende'd the Company of Women to that of the Men - Many of his male bedfellows depos'd, that he never offer'd any such incivilities to them, and the Jury acquitted him.
[Verdict: Not Guilty]