Isaac Broderick, of St. Dunstan's Stepney, was indicted for an Assault committed on the Body of Edward Caley, a Boy of 10 Years of Age, with an Intent to commit the detestable Sin of Sodomy on him , the 16th of April last.
He was likewise indicted a second time, for an Assault committed on the Body of William Ham, jun. a Boy of 11 Years of Age, with an Intent to commit the detestable Sin of Sodomy on him.
The Council for the Prosecutor open'd the Cause, setting forth, that the Company of Coopers of London, having in Charge the Disposal and Management of a School, the former Master being deceas'd, and the Prisoner having been educated in Learning, and having commenc'd Batchelor of Arts in the University, was elected to be the Teacher, or Master, of the said School in February last;
and that within a very short time after, in about a Fortnight, or thereabouts, he began his Attempts upon the Boys under his Care, by sending them up Stairs, sometimes one, and sometimes another, making them take down their Breeches, feeling about their Bodies, and other such Actions set forth in the Indictment, which are therein laid to be against the Peace of our Sovereign Lord the King, his Crown and Dignity, and no support the Charge, call'd the following Evidences.
William Ham, jun. being call'd, was ask'd by the Court how old he was? He reply'd, he was almost 11 Years old. His Father depos'd, he was 10 Years of Age the 7th of September last.
Being ask'd if knew what an Oath was? And what he was to do? He answering that he was to lay his Hand upon the Book, to kiss it, and to tell what he did to him. And being likewise ask'd if he should swear what was not true? He said, that it was a great Sin, and he should go in danger of Hell fire, if he should tell a lie upon Oath.
Then being bid to give an Account; he depos'd, That he thinks about two Months ago, the Prisoner bid him go up Stairs to move some Chairs out of a Room into a Closet, that he did so, and as he was coming down, he met him, and bid him go up into his Room, and ask'd for a Cane, and bid him down with his Breeches, and felt all over his naked Body; and also took him up Stairs, and bid him take down his Breeches, and he strok'd all over his naked Body, and he went down into the Kitchen, and he bid him go up into the Garret, and look for a Marble cover'd Pocket-Book, telling him he would give him a half penny if he found it, and came up to him, and ask'd him (this Evidence) what he ow'd him?
That he answer'd, he did not know what he meant, and then he (the Prisoner) went and sate down in a Chair, pull'd down his Breeches, put a Handkerchief before my Face, and said, he wonder'd whether I could see any thing when the Doors, &c. were shut, bid me pull down my Breeches, and then put his Privy member between my Thighs, - [the Evidence went on and fully prov'd the Fact.] He (this Evidence) added, that he had heard other Boys (his School fellows) say, that he had done the like to them, and being ask'd who they were? He said, Rue Lewis, John Wright, John Meer , Eward Lewis.
William Ham Senior depos'd, That he using frequently to examin his Son at Night, what he had done in the Day, the Boy said he did not like his Master; but he told him that he supposed he had not minded his Business, and so his Master had beaten him, and that was the occasion of it; but he deny'd that to be the Reason; and his Wife examin'd him, and he told her, and she gave him (this Evidence) an Account of it, upon this he went to one who had the the Direction of the School, and acquainted him with it, and he said he was sorry, that it was a shameful thing if it was so, and that he was concern'd such a dark dismal Scene should come upon the Company's School.
Edward Caley dep'd, That he was 10 Years of Age the 6th of August last, and being examin'd if he knew the Nature of an Oath? And what he was to expect if he did not speak Truth when he took an Oath? Answered, that he should be in danger of Hell-Fire; and answering to several Enquiries of the like Nature to the Satisfaction of the Court, was admitted to be sworn, and depos'd as follows:
He sent me up to look for his Buttons, (he thinks) about a Month ago, about 2 o'Clock in the Afternoon, and immediately follow'd me up and lock'd me into the Room, and took a bit of a Rod, and bid me down with my Breeches, and felt all about my Body, and gave me a gentle Stroke or two, and bid me not cry out, he would not hurt me; [This Evidence proceeded and very fully proved the Fact upon the Prisoner as the former had done;] and being ask'd if he told any Body how his Master had us'd him? He reply'd, he told his Bedfellow.
William Allen depos'd; That he lay with Edward Caley , and (he thinks) about a Month ago, he being in Bed with him, took notice that he was very uneasy, turn'd first upon one side and then upon the other, and that thereupon he asked him what was the matter with him? That at length he said he would tell him, if he would not tell his Grandfather, for then he would tell his Master, and he would beat him; that he told him what the Prisoner had done to him, and he examining, found a Blister between his Thighs.
William Toy, the Boy's Grandfather, depos'd, That he perceiving the Boy very uneasie, he ask'd what was the matter with him? But he did not tell him: That the Boy not being willing to stir, he being at other times a very active Boy, he said, he believ'd he had been naught, and his Master had whipp'd him, and if it were so, it was well enough, for he was very unlucky, but bid his Aunt enquire into the Matter, and being inform'd, he examin'd him himself, what his Master had done to him? That the Boy reply'd, his Master had serv'd him as the two Men had serv'd one another that stood in the Pillory, and said also, that he has serv'd other Boys so, as well as him, and thereupon going to enquire, he found it as he had told him.
Mr. Justice Jones depos'd, That when the Prisoner was brought before him, and charg'd with these Facts, he interrogated him, for what Reason he had us'd the Boys thus? That he answer'd, he did it to improve him in his Studies, and did not deny, or make any other Excuse.
The Prisoners Council upon this Evidence remark'd, That indeed the Offence the Prisoner was charg'd with, was a very heinous one, and therefore ought to have the strongest Proof to make it out.
That it was very extraordinary, that he should make such an Attempt without so much as a Caution (which he had not heard mentioned by any of the Evidence) given, not to mention it.
That nothing had been produc'd to prove, that the Prisoner had before any such Inclination, as what he was now charg'd with.
That the Desendant being chosen Master of the Free-School of the Coopers Company, against the Vote and Will of one of the Principal Electors, his Resentment of his coming in contrary to his Interest, had been the occasion of setting on foot this Prosecution.
That the Prisoner was a Person of a fair and honest Character; and to this, call'd the following Evidence.
The Reverend Mr. Isaac Sharp depos'd, That he had known the Prisoner more than 20 Years, and he always had a fair Character for a Pious and Religious young Man; that he had known him intimately well, and had never heard any thing of this kind of him before, nor had ever heard any ill of him till this time, and he did believe that all Trinity College would give him a good Character.
Josiah Ridgwell depos'd, That he had lain with the Prisoner, and he never had offer'd any thing immodest to him, nor had ever heard of any immodesty acted by him.
John Johnson depos'd, That he had known the Prisoner 2 or 3 Years, and his Character was very good for Piety and Regularity of Life; that he had had Conversation with him, and lain with him, and he had never made any Attempt upon him, nor had he ever heard an immodest Word from him.
Mr. Martin depos'd, That he had known him 12 Years, and had never heard any Body speak ill of him.
Here his Council remark'd, That the tender Age of the Witnesses and his Character being justly weigh'd, the latter might be thought to counterpoise the former.
Upon this, the Council for the Prosecutors call'd the following additional Evidences.
Henry Hennoker depos'd, That he was in the 11th Year of his Age, and being examin'd as to what Sense he had of the Nature of an Oath, gave so Satisfactory an Account to the Court, that he was permitted to be sworn, and depos'd,
That about a Month since, the Prisoner sent him up to look after a Carpenter who was at work in the House, to ask him if he had done work, that he came down and told him that he had not done, and after that he bid him go up again, and he came up after him, and pull'd down his Breeches, and stroaked all about his Body.
Edward Allen depos'd, That the Prisoner bid him go up and see for a String, that he went down and told him that there was no String, that he said there was, and came up himself and bid him go into the Chamber, and being there, he ask'd him (this Evidence) what he ow'd him? He reply'd he could not tell what he meant, that then he took a Sprig of a Rod, and laid him over his Knee and whipp'd him a little: That another time he bid him down with his Breeches, but he ran away and the Prisoner caught him, that he got away again, and his Coat gave way, and he ran down into the School.
The Prisoner deny'd the Facts, inveigh'd against the Parents of the Boys, who had been Evidences against him; said, they were Persons of so vile a Character, that their good Word was a Scandal, and that the Prosecution was malicious, being carried on by his Enemies who had voted for Mr. Veer, the present Master of the School, now in his Place, and called the following Evidences.
The Prisoner's Sister depos'd, That upon hearing the Charge laid upon her Brother, she went without any Knowledge of the Prisoner to Mrs Ham, the Mother of the first Evidence, and ask'd her what was the Ground of the Clamour rais'd against him? And she answer'd her she could not tell; that she ask'd for the Child, and when he came, she ask'd him what his Master had done to him? That he answered nothing.
That she said to Mrs. Ham, is it fit a Man should loose his Reputation for nothing? That she made answer, that Mrs. Allen would tear the House down about our Ears if we don't be Evidences; that she desir'd a Surgeon might be sent for, to examine the Child, and did name Mr. Martin; that she reply'd, God forbid, for her Child had got no harm.
Mr. Day depos'd, That he had known the Prisoner for some Years, and he used to come to his Master's House, and lie with him, and he never saw any thing but what was handsome by him.
Thomas Veer being ask'd by the Prisoner's Council, Whether he did not know that Mr. - or any other Person, had not threatned to send any of the Persons to Newgate that should not appear against the Defendant? He reply'd, he did not.
After a full hearing of the Evidences on both Sides, the Jury found the Prisoner guilty of both Indictments.
[Punishments: pillory; imprisonment; fine]
