James Pratt and John Smith
James Pratt (1805–1835) also known as John Pratt, and John Smith (1795-1835) were two London men who, in November 1835, became the last two to be executed for sodomy in England. Pratt and Smith were arrested in August of that year after being observed having sex in the room of another man, William Bonill.
William Bonill, aged 68, had lived for 13 months in a rented room at a house near the Blackfriars Road, Southwark, London. His landlord later stated that Bonill had frequent male visitors, who generally came in pairs, and that his suspicions became aroused on the afternoon of 29 August 1835, when Pratt and Smith came to visit Bonill. The landlord climbed to an outside vantage point in the loft of a nearby stable building, where he could see through the window of Bonill's room, before coming down to look into the room through the keyhole. Through the keyhole, both the landlord and his wife saw sexual intimacy between Pratt and Smith so the landlord broke open the door to confront them. Bonill was absent, but returned a few minutes later with a jug of ale. The landlord went to fetch a policeman and all three men were arrested.
Trial and execution
Pratt, Smith and Bonill were tried on 26 September 1835 at the Central Criminal Court, before Baron Gurney, a judge who had the reputation of being independent and acute, but also harsh. Pratt and Smith were convicted under section 15 of the Offences against the Person Act 1828, which had replaced the 1533 Buggery Act, and were sentenced to death.[Note 1][Note 2] William Bonill was convicted as an accessory and sentenced to 14 years of Penal transportation. James Pratt was a groom, who lived with his wife and children at Deptford, London. A number of witnesses came forward to testify to his good character. John Smith was from Southwark Christchurch and was described in court proceedings and newspaper reports as an unmarried labourer although other sources state he was married and worked as a servant. At the trial, no character witnesses came forward to testify on his behalf.
The magistrate Hensleigh Wedgwood, who had committed the three men to trial, subsequently wrote to the Home Secretary, Lord John Russel, arguing for the commutation of the death sentences, stating:
"It is the only crime where there is no injury done to any individual and in consequence it requires a very small expense to commit it in so private a manner and to take such precautions as shall render conviction impossible. It is also the only capital crime that is committed by rich men but owing to the circumstances I have mentioned they are never convicted."
Wedgwood described the men as "degraded creatures" in another letter. Nevertheless, he argued that the law was unfair in their case in that wealthy men who wished to have sex could afford a private space in which to do it with little chance of discovery. Pratt and Smith were condemned only because they could only afford to use a room in a lodging house, in which they were easily spied upon.
On 5 November 1835, Charles Dickens and the newspaper editor John Black visited Newgate Prison; Dickens wrote an account of this in Sketches by Boz and described seeing Pratt and Smith while they were being held there:
"The other two men were at the upper end of the room. One of them, who was imperfectly seen in the dim light, had his back towards us, and was stooping over the fire, with his right arm on the mantel-piece, and his head sunk upon it. The other was leaning on the sill of the farthest window. The light fell full upon him, and communicated to his pale, haggard face, and disordered hair, an appearance which, at that distance, was ghastly. His cheek rested upon his hand; and, with his face a little raised, and his eyes wildly staring before him, he seemed to be unconsciously intent on counting the chinks in the opposite wall."—A Visit to Newgate
The jailer who was escorting Dickens confidently predicted to him that the two would be executed and was proved correct. Seventeen individuals were sentenced to death at the September and October sessions of the Central Criminal Court for offences that included burglary, robbery and attempted murder. On 21 November, all were granted remission of their death sentences under the Royal Prerogative of Mercy with the exceptions of Pratt and Smith. This was despite an appeal for mercy submitted by the men's wives that was heard by the Privy Council.
Pratt and Smith were hanged in front of Newgate Prison on the morning of 27 November. The crowd of spectators was described in a newspaper report as larger than usual; this was possibly because the hanging was the first to have taken place at Newgate in nearly two years.[Note 3] The event was sufficiently notable for a printed broadside to be published and sold. This described the men's trial and included the purported text of a final letter that was claimed to have been written by John Smith to a friend.
William Bonill was one of 290 prisoners transported to Australia on the ship Asia, which departed England on 5 November 1835 and arrived in Van Diemen's Land (now Tasmania) on 5 July 1836. Bonill died at the New Norfolk Hospital in Van Diemen's Land on 29 April 1841.
- In the period from 1810 to 1835, 46 people convicted of sodomy were hanged and 32 sentenced to death but reprieved. A further 716 were imprisoned or sentenced to the Pillory, before its use was restricted in 1816 (See: Lauterbach and Alber (2009), p.49).
- The sentence of death was mandatory, but under the Judgement of Death Act 1823, Gurney would have had the power to commute it to imprisonment.
- Pratt and Smith were the only people to be executed at Newgate in the three year period 1834–1836; this partial, temporary moratorium may have been for political reasons and because of a change in the law. Prior to 1834, individuals had been executed for any of 20 different offences; after 1836, only convicted murderers were hanged outside Newgate, until the ending of public execution in 1868. See A history of London's Newgate Prison
- Old Bailey Proceedings Online (www.oldbaileyonline.org, version 7.0, 08 March 2013), September 1835 (t18350921)
- "Execution". The Morning Post (20273) (London). November 28, 1835.
- Cook et al (2007), p.109
- Old Bailey Proceedings Online (www.oldbaileyonline.org, version 7.0, 26 December 2012), September 1835, trial of JOHN SMITH JAMES PRATT WILLIAM BONILL (t18350921-1934).
- Hamilton, J.A. (2004). "Oxford DNB article: Gurney, Sir John (subscription needed)". Oxford University Press. Retrieved 7 January 2010.
- "Central Criminal Court, Saturday, Sept. 26.". The Times (15906) (London). September 28, 1835. p. 4.
- Cocks (2010) p.38
- Upchurch (2009), p.112.
- Lauterbach and Alber (2009), p.49
- "Multiple News Items". The Standard (2664) (London). November 23, 1835.
- Cook et al (2007), p.110
- "Execution". The Times (15959) (London). November 28, 1835. p. 3.
- "A history of London’s Newgate prison.". www.capitalpunishmentuk.org. Retrieved March 24, 2013.
- Anonymous, "The Particulars of the Execution of James Pratt & John Smith" (1835), London printed by T. Birt. OCLC 83814830, Harvard Law School Library, Historical and Special Collection
- "Asia voyage to Van Diemen's Land, Australia in 1835 with 290 passengers". Convict Records of Australia. Retrieved 7 March 2014.
- "William Bonill". Convict Records of Australia. Retrieved 14 October 2013.
- Cocks, Dr Harry (2010). Nameless Offences, Homosexual Desire in the 19th Century. I.B.Taurus & Co. ISBN 9781848850903.
- Cook, Matt; Mills, Robert; Trumback, Randolph; Cocks, Harry (2007). A Gay History of Britain: Love and Sex Between Men Since the Middle Ages. Greenwood World Publishing. ISBN 1846450020.
- Lauterbach, Frank; Alber, Jan (2009). Stones of Law, Bricks of Shame: Narrating Imprisonment in the Victorian Age. University of Toronto Press. ISBN 0802098975.
- Upchurch, Charles (2009). Before Wilde: Sex between Men in Britain's Age of Reform. University of California Press. ISBN 0520258533.