51. Thomas Sylvester was indicted for a Misdemeanour, in attempting to commit the unnatural Sin of Sodomy.
P. Kirk. The Prisoner had been my Chum in the Fleet-Prison for 6 or 7 Weeks. On Tuesday the 4th of April last, he went to Bed before me, and as soon as I came to Bed to him, he caught me in his Arms and kiss'd me.
I desired him to desist, for I did not like such Behaviour. I turn'd about, and went to sleep, and by-and-by he thrust his Y--d so hard against my Fun----nt, that it waked me.
I told him I would bear such Usage no longer, his Inclinations were not for my liking, nor never would; and if he made any farther Offers that Way, I would immediately complain, and expose him to the whole House.
He swore, if I spoke of it, he would do me a private Mischief. He had made some such Offers before, and talk'd to me in the most vile Way; and therefore I had desired the Chamberlain to let me be removed, but the House was then so full that I could not be chum'd elsewhere.
At last I resolved to discover his Behaviour, notwithstanding his threatning to do me a Mischief, and so I sent to ask an Attorney's Advice how I should proceed, and then on the Sunday following I disclosed it.
Prisoner's Council. Did you never borrow Money of Sylvester.
Krik. No: He may have laid out 6 d. for me, or so.
Council. Did not you owe him 18 s. before you charged him with this?
Krik. No.
David Boyse. As I was drinking in the Coffee-Room 2 or 3 Months ago, the Prosecutor seem'd uneasy with his Chum, and said, he wanted another. I asked him why? Because, says he, this would have B------d me. I told Sylvester of it. He said, that the other was a lying Rascal, and would have served him so. A Day or two after they both met in the Publick Room, and charged one another, and gave one another the Lye, so that the House had a Suspicion of them both, and the Prosecutor, as well as the other, got the Name of a lying, Sodomytical Fellow, and it was thought scandalous to keep Company with either of 'em.
Acquitted.
