1805: Not Bartlett Ambler, possible buggerer

Add comment May 8th, 2017 Headsman

From “Buggery and the British Navy”, in History of Homosexuality in Europe and America

Unlike modern military law, which tends to distinguish in some way between homosexual acts between consenting adults and what is often the equivalent of rape of a shipmate, the navy during this period made no such distinctions. A boy who had been seduced or forced to commit buggery, therefore, was under great pressure to turn in his partner or attacker, for if they were caught and it appeared he had consented, the “victim” might well be as severely punished as the aggressor. Needless to say, there were serious problems in determining whether or not the boys called to testify were telling the truth, or simply using the buggery charge as a means of destroying a shipmate or officer they particularly disliked.

The courts were often acutely conscious of that possibility and there was even some objection to allowing young boys to testify in buggery trials. In 1772, the defense protested the testimony of John Ellis, a twelve year old boy who had accused one John Palmer of buggery. Despite the protest, however, it was decided that he could legally testify and Palmer was convicted of attempted buggery.

The problem of boys testifying against men in buggery cases are clearly revealed in the Bartlett Ambler case. Ambler was accused by four boys of sodomitic practices. Each testified that Ambler threatened to have them flogged if they told what had occurred. One of the boys, John Davy, said, “…and I had scarce buttoned up my breeches when he said be sure don’t tell no person of it. I’ll be very good to you, but if you tell any person of it I’ll get you flogged.” Ambler based his defense on the alleged wickedness of his accusers. Joseph Dorman, the ship’s corporal, was called upon to discuss the character of three of the witnesses.

Q. Do you know if the boys who have been examined in support of the charge against me are notorious liars?

A. Two of them Hopkins and Willcott have been several times punished for lying.

Court. What is the character of the boy Davy?

A. He bears a very bad character by the whole ship’s company.

Ambler also called upon Midshipman Robert Baker who told the court:

Davy is a very wicked boy indeed as ever lived everyone in the ship will say that if it was in his power he would hang his own father — I hear Hooper’s mother say that her son had denied to her all that had been said against the prisoner.

The court had to weigh the testimony of the four boys who accused Ambler of buggery against the evidence of Ambler’s witnesses, who denigrated the character of the boys and testified to his good reputation. The judges sentenced Ambler to be hanged, but as a sign of their unease, sent the following letter to the Admiralty Secretary, along with the minutes of the trial:

By desire of the members of a Court Martial assembled by me this day to try Mr. Bartlett Ambler, I have to request you will call their lordship’s consideration to the hardship the Court have labored under in being obliged to condemn a man to death, upon the evidence of four boys, the eldest not more than thirteen years of age, and therefore recommend him to mercy.

The recommendation was endorsed by His Majesty on May 8, 1805, and Ambler was pardoned.

It is clear that boys could be intimidated into testifying against innocent men. In one disturbing case, a boy was caught under the blanket of Edward Martin. Evidently, the boy did not have a bed or blanket of his own, and Martin took him in as an act of kindness. The captain of the ship had the boy flogged and threatened him with another whipping if he refused to testify. Under the threat of further punishment, the boy confessed that Martin had buggered him. The trial record reads:

Prosecutor. Did you inform me that the Prisoner had committed that unnatural crime on you twice?

James. Yes, but I was afraid that the Captain would flog me.

In this case, the prisoner was acquitted, but the case does suggest the many possible abuses in buggery trials: that the testimony of boys was suspect, that fear of punishment or promise of reward might be used to intimidate them into giving false evidence against a shipmate, that the boy could be motivated by dislike or a desire for vengeance.

Trial transcripts of the testimony offered against Bartlett Ambler — and summoned by Ambler in his defense, who averred the “wicked” and “very bad” character of the childish witnesses — are available in Gay Warriors: A Documentary History from the Ancient World to the Present.

On this day..

Entry Filed under: 19th Century,Capital Punishment,Crime,Death Penalty,Disfavored Minorities,England,Hanged,History,Homosexuals,Not Executed,Pardons and Clemencies,Rape,Sex,Soldiers

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1805: Mary Morgan, anomalously

1 comment April 13th, 2015 Headsman

On this date in 1805, servant Mary Morgan, age 17, was hanged at Presteigne for murdering her bastard child.

An undercook in M.P. Walter Wilkins‘s Maesllwch Castle, Morgan had that achingly typical infanticide story: an unwed youth down the servants’ quarters desperately concealing the pregnancy until her coworkers sniffed her out, barged into the room where she had locked herself up to surreptitiously give birth, and discovered the newborn, “cutt open, deep sunk in the Feathers with the Child’s head nearly divided from the Body” by the efficient hand of a young under-cook who had often used that same pen-knife to slaughter chickens.

“I determined, therefore, to kill it, poor thing!” she would later confess of the (unnamed) father’s refusing her any aid. “Out of the way, being perfectly sure that I could not provide for it myself.”

That was in September of 1804. She would remain imprisoned until she could be tried at the Radnorshire assizes the following April.

Morgan expected lenient treatment — more on that in a moment — and must have been shocked to have the death sentence pronounced on April 11, with no more than two days to prepare herself for the ordeal. She was reportedly in a state of near-collapse when hanged at Gallows Lane.


Mary Morgan’s grave marker in St. Andrew’s parish church. A much longer and more sanctimonious stone, erected by a friend of the judge, also stands in the same cemetery.

We have seen elsewhere in these pages that executing women for infanticide was becoming distinctly uncomfortable for Europeans at this period, and Great Britain was no exception.

The most recent executions for infanticide at this point in London appears to be those of Jane Cornforth in 1774 and Sarah Reynolds in 1775. According to Anne-Marie Kilday’s A History of Infanticide in Britain, c. 1600 to the Present, hanging Welsh infanticides was practically ancient history at this point: the last such execution ordered by the Court of Great Sessions in Wales had been way back in 1739 — and the court would not order another one before its 1830 abolition.

During those many decades, close to 200 infanticide cases came to its bar. Hardly any of the accused women were even convicted, never mind condemned.* All the more surprising, then, that the one and only prisoner to merit a death sentence was a 17-year-old. Why did Mary Morgan hang when other Welsh infanticides walked?

The (presumably unobtainable) answer has occasioned a good deal of modern-day speculation.

One possible reason was a cruel judgment on Mary’s unbecoming nonchalance in the court. The presiding judge, George Hardinge,** wrote in private correspondence to the Bishop of St. Asaph that young Miss Morgan “took it for granted that she would be acquitted; had ordered gay apparel to attest the event of her deliverance; and supposed the young gentleman (who I well knew) would save her by a letter to me.” Judges like to see a little cowering.

The young gentleman Hardinge alludes to is another person of interest with respect to Mary Morgan’s surprising fate: Walter Wilkins, Jr. — the heir in the household where Mary served. This man seduced Mary but was not — so said both Mary and Walter — the father of the unfortunate child. In an egregious conflict of interest, Wilkins served on the grand jury that found his lover guilty. Was he playing a double game, posing as a potential intercessor even while keen to eliminate the evidence of his misdeeds?

Kilday suspects that in the end it was nothing but the calculated caprice of Judge Hardinge — who, although he often acquitted accused infanticides, was also alarmed by the prevalence of the practice and wanted to stake out at least one deterrent instance of truly exemplary punishment. As he said in his sentencing address to Mary Morgan, “many other girls (thoughtless and light as you have been) would have been encouraged by your escape to commit your crime, with hopes of impunity; the merciful turn of your example will save them.”

Hardinge himself might not have been fully at home with this rationale. He’s reported to have visited the grave of his “thoughtless and light” defendant several times, even composing a verse “On Seeing the Tomb of Mary Morgan”:

Flow the tear that Pity loves,
Upon Mary’s hapless fate:
It’s a tear that God approves;
He can strike, but cannot hate.
Read in time, oh beauteous Maid!
Shun the Lover’s poisoning art!
Mary was by Love betray’d,
And a viper stung the heart.
Love the constant and the good!
Wed the Husband of your choice,
Blest is then your Children’s food,
Sweet the little Cherub’s voice.
Had Religion glanc’d its beam
On the Mourner’s frantic bed,
Mute had been the tablet’s theme,
Nor would Mary’s child have bled.
She for an example fell,
But is Man from censure free?
Thine Seducer, is the knell,
It’s a Messenger to thee.

* Kilday makes it 149 indictments from 1730 to 1804, with seven convictions and two executions — Jane Humphries in 1734 and Elinor Hadley in 1739; and, after Mary Morgan, another 46 indictments up until 1830 without a single conviction.

** Look for Judge Hardinge in Lord Byron’s Don Juan:

There was the waggish Welsh Judge, Jefferies Hardsman,
In his grave office so completely skill’d,
That when a culprit came for condemnation,
He had his judge’s joke for consolation.

On this day..

Entry Filed under: 19th Century,Abortion and Infanticide,Capital Punishment,Children,Crime,Death Penalty,Execution,Hanged,History,Murder,Public Executions,Wales,Women

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