Catalogue description Prisoner name: James Pratt, aged 30, and John Smith, aged 40. Court and date of trial:...

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Details of HO 17/120/60
Reference: HO 17/120/60
Description:

Prisoner name: James Pratt, aged 30, and John Smith, aged 40.

Court and date of trial: Old Bailey September 1835.

Crime: Unnatural crime [Sodomy].

Initial sentence: Death.

Annotated (Outcome): Considered at report in council 20 November 1835. Law to take its course.

Petitioner(s): John Berkshire and Jane Berkshire with 56 supporting signatures in favour of James Pratt; Elizabeth Pratt, the prisoner's wife; and John Smith, prisoner, two petitions.

Grounds for clemency (Petition Details): Pratt's petitioners plead his former good character and his wife that she believes in his innocence. Smith begs that the sentence of death is not carried out.

Other papers: A letter from Hensleigh Wedgwood, magistrate at the Police Office Union Hall, says that he believes death is too severe a punishment for the crime of sodomy and that he has dismissed similar cases rather than commit the prisoners for trial. He also argues that there is an inequality in the operation of the law since the rich are able to secure privacy in which to commit the act and so are never convicted.

Seven separate character references for James Pratt.

A letter from James Pratt says he is innocent of the charge and the witness has sworn falsely.

Letter from William Scott Preston on behalf of James Pratt. He employed Pratt as a groom for many years and asks a respite so that he can make enquiries.

Letter from T Philips in favour of John Smith. Phillips employed Smith for two years and found him diligent and honest and has since found him to be a good son and the only support of his elderly mother.

Date: 1835
Held by: The National Archives, Kew
Former reference in its original department: Xv 13
Legal status: Public Record(s)
Closure status: Open Document, Open Description

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