James Pratt (groom)
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James Pratt (1805–1835), also known as John Pratt, and John Smith (1795–1835) were two British men who, in November 1835, became the last people to be executed for
sodomy Sodomy (), also called buggery in British English, principally refers to either anal sex (but occasionally also oral sex) between people, or any Human sexual activity, sexual activity between a human and another animal (Zoophilia, bestiality). I ...
in England.Cook ''et al'' (2007), p. 109. Pratt and Smith were arrested in August of that year after being spied on through a keyhole allegedly having "
carnal knowledge Carnal knowledge is an archaic or legal euphemism for sexual intercourse. In modern statutes, the term "sexual penetration" is widely used, though with various definitions. Biblical source The term derives from ''carnal'', meaning "of the flesh ...
" of each other in a room rented by William Bonill, a friend or acquaintance of one of the men, or possibly both. Bonill, although not present when the men were spied on, was nevertheless transported to Australia as an accessory to Pratt and Smith's alleged crime, where he died. Some modern human rights activists have cast doubt on the facts and legality of the conviction. In January 2017, Pratt and Smith were among those who were posthumously pardoned by the
Alan Turing law "Alan Turing law" is an informal term for the portion of the Policing and Crime Act 2017 which serves in UK law to pardon men who were cautioned or convicted under obsolete laws criminalising homosexual acts. The provision is named after Ala ...
which pardoned those who had been convicted of same-sex carnal offences which no longer exist in the UK.


Biographies

James Pratt was born in 1805 and worked as a
groom A bridegroom (often shortened to groom) is a man who is about to be married or who is newlywed. When marrying, the bridegroom's future spouse is usually referred to as the bride. A bridegroom is typically attended by a best man and Groomsman, ...
. He was married and lived with his wife and children at
Deptford Deptford is an area on the south bank of the River Thames in southeast London, in the Royal Borough of Greenwich and London Borough of Lewisham. It is named after a Ford (crossing), ford of the River Ravensbourne. From the mid 16th century ...
, Kent.Sources give varying ages for the two men. The account of their trial in ''The Proceedings of the Old Bailey'' states they were 30 and 40 years old. A contemporary newspaper report of their execution (''The Morning Post'', issue 20273, page 4) states they were 32 and 34 years old. John Smith was born in 1795 and was from
Southwark Christchurch Christchurch was a civil parish in the metropolitan area of London, England. It was located south of the River Thames straddling either side of Blackfriars Road. It originated as the manor of Paris Garden in the parish of St Margaret, Southwa ...
. He was described in court proceedings and contemporary newspaper reports as an unmarried labourer, although other sources state he was married and worked as a servant.


Arrest

William Bonill, aged 68, had lived for 13 months in a rented room at a house near the
Blackfriars Road Blackfriars Road is a road in Southwark, SE postcode area, SE1. It runs between St George's Circus at the southern end and Blackfriars Bridge over the River Thames at the northern end, leading to the City of London. Halfway up on the west side ...
,
Southwark Southwark ( ) is a district of Central London situated on the south bank of the River Thames, forming the north-western part of the wider modern London Borough of Southwark. The district, which is the oldest part of South London, developed ...
, London. His landlord 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. Both the landlord and his wife later claimed they both looked through the keyhole and saw Pratt and Smith engaging in carnal relations with each other. The landlord then broke open the door to confront them. Bonill was absent but returned a few minutes later with a jug of
ale Ale is a style of beer, brewed using a warm fermentation method. In medieval England, the term referred to a drink brewed without hops. As with most beers, ale typically has a bittering agent to balance the malt and act as a preservative. Ale ...
. The landlord went to fetch a police constable and all three men were arrested. Appendix; se
t18350921-1934
for trial account


Trial and execution

Pratt, Smith and Bonill were tried on 21 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 The Offences Against the Person Act 1828 ( 9 Geo. 4. c. 31), also known as Lord Lansdowne's Act, was an act of the Parliament of the United Kingdom that consolidated for England and Wales provisions in the law related to offences against the ...
, which had replaced the 1533 Buggery Act, and were sentenced to death.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 The Judgment of Death Act 1823 ( 4 Geo. 4 c. 48) was an act of the Parliament of the United Kingdom (although it did not apply to Scotland). Passed at a time when there were over 200 offences in English law which carried a mandatory sentenc ...
, the judge would have had the power to commute it to imprisonment.
William Bonill was convicted as an accessory and sentenced to 14 years of
penal transportation Penal transportation (or simply transportation) was the relocation of convicted criminals, or other persons regarded as undesirable, to a distant place, often a colony, for a specified term; later, specifically established penal colonies bec ...
. A number of witnesses came forward to testify to the good character of Pratt. No character witnesses came forward to testify on behalf of Smith. The conviction of the three men rested entirely on what the landlord and his wife claimed to have witnessed, and the evidence of the police constable who had examined the clothing of both men after his arrival at Bonhill's lodging house. Modern commentators have cast doubts on their testimony, based on the narrow field of vision afforded by a keyhole and the acts (some anatomically impossible) the couple claimed to have witnessed during the brief length of time they were looking. The magistrate,
Hensleigh Wedgwood Hensleigh Wedgwood (21 January 1803 – 2 June 1891) was a British etymologist, philologist and barrister, author of '' A Dictionary of English Etymology''. He was a cousin of Charles Darwin, whom his sister Emma married in 1839. Early life Wed ...
, who had committed the three men to trial, subsequently wrote to the
Home Secretary The secretary of state for the Home Department, more commonly known as the home secretary, is a senior minister of the Crown in the Government of the United Kingdom and the head of the Home Office. The position is a Great Office of State, maki ...
,
Lord John Russell John Russell, 1st Earl Russell (18 August 1792 – 28 May 1878), known as Lord John Russell before 1861, was a British Whig and Liberal statesman who served as Prime Minister of the United Kingdom from 1846 to 1852 and again from 1865 to 186 ...
, arguing for the commutation of the death sentences, stating: Although Wedgwood was a deeply religious manWedgwood later resigned from the a magistracy because he felt the duties were incompatible with the commandments of the Bible. he did not concur with the then prevailing view of society that sodomy committed between humans should be a capital offence. He also judged it unjust that it was a sentence more likely to befall poorer men than richer men as richer men could afford a private space that would make their arrest less likely. And even if arrested, Wedgwood might have observed, a richer man would have had the resources to post
bail Bail is a set of pre-trial restrictions that are imposed on a suspect to ensure that they will not hamper the judicial process. Court bail may be offered to secure the conditional release of a defendant with the promise to appear in court when ...
money, and then flee abroad.This had happened 13 years earlier in 1822, when
Percy Jocelyn The Rt Rev. and Hon. Percy Jocelyn (29 November 1764 – 3 September 1843) was Anglican Bishop of Clogher in the Church of Ireland from 1820 to 1822. He was forced from his position due to being caught in homosexual practices, which had been ...
,
Bishop of Clogher The Bishop of Clogher (, ) is an episcopal title which takes its name after the village of Clogher in County Tyrone, Northern Ireland. Following the Reformation, there are now parallel apostolic successions: one of the Church of Ireland and ...
, had been arrested with a soldier for having sex in a private room in a London pub. Despite the enormous public scandal, he was able to flee to Scotland and live there in anonymity.
However, despite this degree of sympathy, Wedgwood described the men as "degraded creatures" in another letter. On 5 November 1835,
Charles Dickens Charles John Huffam Dickens (; 7 February 1812 – 9 June 1870) was an English novelist, journalist, short story writer and Social criticism, social critic. He created some of literature's best-known fictional characters, and is regarded by ...
and the newspaper editor John Black visited
Newgate Prison Newgate Prison was a prison at the corner of Newgate Street and Old Bailey, just inside the City of London, England, originally at the site of Newgate, a gate in the Roman London Wall. Built in the 12th century and demolished in 1904, the pr ...
; Dickens wrote an account of this in ''
Sketches by Boz Sketch or Sketches may refer to: * Sketch (drawing), a rapidly executed freehand drawing that is not usually intended as a finished work Arts, entertainment and media * Sketch comedy, a series of short scenes or vignettes called sketches Fil ...
'' and described seeing Pratt and Smith while they were being held there: The gaoler who was escorting Dickens confidently predicted to him that the two would be executed and was proved right. 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 In the English and British tradition, the royal prerogative of mercy is one of the historic royal prerogatives of the British monarch, by which they can grant pardons (informally known as a royal pardon) to convicted persons. The royal prer ...
with the exceptions of Pratt and Smith. There had been previous reprieves of men sentenced to death for sodomy, such as Martin Mellet and James Farthing who had been condemned in 1828 but were instead transported to Australia. But this was not granted to Pratt and Smith despite an appeal for mercy submitted by the men's wives that was heard by the Privy Council. A petition for mercy was even made by the landlord and his wife who had been witnesses against them. Pratt and Smith were hanged in front of
Newgate Prison Newgate Prison was a prison at the corner of Newgate Street and Old Bailey, just inside the City of London, England, originally at the site of Newgate, a gate in the Roman London Wall. Built in the 12th century and demolished in 1904, the pr ...
on the morning of 27 November. The crowd of spectators was described in '' The Times''' 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.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'' The report of the execution in ''
The Morning Post ''The Morning Post'' was a conservative daily newspaper published in London from 1772 to 1937, when it was acquired by ''The Daily Telegraph''. History The paper was founded by John Bell. According to historian Robert Darnton, ''The Morning ...
'' states that when the men were led onto the scaffold the crowd began to hiss, and this continued until the moment of their execution. Possibly this indicated the crowd's disagreement with the execution, or it may have indicated disapproval of the men's alleged acts. Pratt was reportedly too weak to stand, and had to be held upright by the executioner's assistants while preparations were made to hang him. 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 Smith to a friend. Bonill was one of 290 prisoners transported to Australia on the ship ''
Asia Asia ( , ) is the largest continent in the world by both land area and population. It covers an area of more than 44 million square kilometres, about 30% of Earth's total land area and 8% of Earth's total surface area. The continent, which ...
'', which departed England on 5 November 1835 and arrived in
Van Diemen's Land Van Diemen's Land was the colonial name of the island of Tasmania during the European exploration of Australia, European exploration and colonisation of Australia in the 19th century. The Aboriginal Tasmanians, Aboriginal-inhabited island wa ...
(now
Tasmania Tasmania (; palawa kani: ''Lutruwita'') is an island States and territories of Australia, state of Australia. It is located to the south of the Mainland Australia, Australian mainland, and is separated from it by the Bass Strait. The sta ...
) on 21 February 1836. Bonill died at the age of 74 at New Norfolk Hospital in Van Diemen's Land on 29 April 1841.


Legacy

A collection of contemporary documents, including petitions made on behalf of the men, and letters about their case are held by the United Kingdom National Archives. Both Pratt and Smith are central characters in the stage play ''Particular Disposition'', written by Benjamin Fulk. The song "45 George Street" by
Bird in the Belly Bird in the Belly are an English folk music collective based in Brighton, consisting of alt-folk musician Jinnwoo (Ben Webb), folk duo Hickory Signals (Laura Ward and Adam Ronchetti), and producer and multi-instrumentalist Tom Pryor. Histor ...
tells their story. The case of Pratt and Smith is the subject of the non-fiction book ''James and John: A True Story of Prejudice and Murder'' by
Chris Bryant Sir Christopher John Bryant (born 11 January 1962) is a British politician and former Anglican priest who has served as Member of Parliament (United Kingdom), Member of Parliament (MP) for Rhondda and Ogmore (UK Parliament constituency), Rhondda ...
MP published in February 2024. In April 2024,
Southwark Southwark ( ) is a district of Central London situated on the south bank of the River Thames, forming the north-western part of the wider modern London Borough of Southwark. The district, which is the oldest part of South London, developed ...
Liberal Democrat Several political parties from around the world have been called the Liberal Democratic Party, Democratic Liberal Party or Liberal Democrats. These parties have usually followed liberalism as ideology, although they can vary widely from very progr ...
councillor Victor Chamberlain proposed a
rainbow plaque The rainbow plaque programme is a UK scheme to create commemorative plaques to highlight significant people, places and moments in LGBTQIA+ history. Emulating established UK blue plaque programmes run by English Heritage, local authorities and o ...
be unveiled on
Blackfriars Road Blackfriars Road is a road in Southwark, SE postcode area, SE1. It runs between St George's Circus at the southern end and Blackfriars Bridge over the River Thames at the northern end, leading to the City of London. Halfway up on the west side ...
to commemorate Pratt and Smith.


Notes


References


Citations


Bibliography

* * * * * * * {{DEFAULTSORT:Pratt, James 1835 deaths English gay men 19th-century executions by England and Wales Duos Executed people from London 19th-century English LGBTQ people People executed for sodomy People convicted for homosexuality in the United Kingdom 1835 crimes in the United Kingdom 1830s crimes in London LGBTQ in London