THROWBACTHISDAY; James Pratt and John Smith are hanged in London.

                      

 

On thisday November 27 1835 James Pratt and John Smith are hanged in London; they are the last two to be executed for sodomy in England. Pratt, Smith and Bonill were tried on 26 September 1835 at the Central Criminal Court, before Baron Gurney,^[4] a judge who had the reputation of being independent and acute, but also harsh.^[5] 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. William Bonill was convicted as an accessory^[6] and sentenced to 14 years of Penal transportation.^[4] James Pratt was a groom,^[3] who lived with his wife and children at Deptford, London. A number of witnesses came forward to testify to his good character.^[1] John Smith was from Southwark Christchurch^[1] and was described in court proceedings and newspaper reports as an unmarried labourer^[2] 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:^[9]

"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.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.^[14]

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.

THROWBACKTHISDAY; makes it 180 years and TBT Blog remembers.