Peter Vivian , was indicted for an Assault committed on John Brailsford , and an Attempt to commit the detestable Sin of Sodomy with him.
John Brailsford depos'd, That as he was going through Pope's-Head Alley, in Cornhill, as he stopp'd to make Water, the Prisoner came up to him, set his Foot upon his, and caught hold of his Privy Member, and clap'd his (the Prosecutor's) Hand to his, that he immediately seiz'd him, saying to him, he would pull his off; that immediately another came to his Rescue, and he clapp'd hold of him too;
but not being able to hold them both, the Prisoner got away, ran into the Post-Office, but he pursued him, and he (the Prisoner) stumbling at the Step, he was taken again; that a young Man with him assisting him, both the Prisoner and his Comrade was taken, and were carried to an Alehouse; but his Comrade jump'd out at the Window, and got away; he added, that the Prisoner desir'd to be let go, saying, he had suffered enough, in that his Shirt and Ruffles had been torn.
William Prior depos'd, That he was with the Prosecutor, and being a little before, he call'd him to his Assistance, and he, and his Companion were apprehended as has been depos'd; and added, that when they were at the Alehouse, the Prisoner was very sollicitous to be let go, crying, often my Dear, my Dear, first time, first time, and offered several times to kiss the Prosecutor.
The Prisoner made no Defence, being either a Frenchman or Dutchman.
William Day depos'd, That the Prisoner was employ'd by him as a Journeyman, he being a Peruke-maker, that he behav'd himself honestly what time he was in his Service, which was about a Month, and that he came from Holland just before he came to him;
the Fact being plainly prov'd, the Jury found him Guilty.
[Punishments: pillory; imprisonment; fine]