1835: John Smith and James Pratt, the last hanged for sodomy in Great Britain

11 comments November 27th, 2012 Headsman

On this date in 1835, John Smith and James Pratt (sometimes reported as John Pratt) were hanged outside Newgate Prison for (in the exhausting fulminations of the Old Bailey trial records) “feloniously, wickedly, diabolically, and against the order of nature, carnally … commit[ted] and perpetrate[d] the detestable, horrid, and abominable crime (among Christians not to be named) called buggery.”


Generic gallows image from this Smith and Pratt hanging-day broadside.

These men were the last put to death anywhere in the realm under the ghastly Tudor-era Buggery Act,* and indeed among the last to die at Newgate for any crime other than murder or attempted murder.

“The grave will soon close over me,” Smith allegedly wrote to a friend before his hanging, “and my name [be] entirely forgotten.”

But that’s not altogether true.

Unbeknownst to the sufferers, they were destined for literary preservation by a young writer on the make, one Charles Dickens: Smith and Pratt make an appearance in Dickens’ Sketches by Boz, an 1836 compilation of London scenes of which “A Visit to Newgate” is perhaps the best-known.

This piece narrates a visit Dickens paid, according to William Carlton’s “The Third Man at Newgate” (The Review of English Studies, Nov., 1957), on November 5, 1835. Dickens would write in subsequent correspondence that the experience left him “intensely interested in everything I saw.”

Prisons and the threat or reality of execution would loom large in that redoubtable author’s canon. “You cannot throw the interest over a year’s imprisonment, however severe, that you can cast around the punishment of death,” the perspicacious 23-year-old told his publisher.

So too did the still-living apparitions of the condemned Smith and Pratt occupy Dickens’s reflections in “A Visit to Newgate”; they comprise a good third of the essay.

In the press-room below, were three men, the nature of whose offence rendered it necessary to separate them, even from their companions in guilt. It is a long, sombre room, with two windows sunk into the stone wall, and here the wretched men are pinioned on the morning of their execution, before moving towards the scaffold. The fate of one of these prisoners was uncertain; some mitigatory circumstances having come to light since his trial, which had been humanely represented in the proper quarter. The other two had nothing to expect from the mercy of the crown; their doom was sealed; no plea could be urged in extenuation of their crime, and they well knew that for them there was no hope in this world. ‘The two short ones,’ the turnkey whispered, ‘were dead men.’

Smith and Pratt, of course, were the “dead men.”

Their third companion, otherwise unconnected with them, was a soldier named Robert Swan, convicted of robbery. Swan was indeed reprieved, a few days before the execution. “Boz” sketched the aspect of these men as he observed them:

The man to whom we have alluded as entertaining some hopes of escape, was lounging, at the greatest distance he could place between himself and his companions, in the window nearest to the door. He was probably aware of our approach, and had assumed an air of courageous indifference; his face was purposely averted towards the window, and he stirred not an inch while we were present. 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. We passed this room again afterwards. The first man was pacing up and down the court with a firm military step – he had been a soldier in the foot-guards – and a cloth cap jauntily thrown on one side of his head. He bowed respectfully to our conductor, and the salute was returned. The other two still remained in the positions we have described, and were as motionless as statues.

If we have Dickens to thank in part for this unexpected glimpse of these poor fellows in the shadow of death, we also can hardly help but notice that — and this is in keeping with Smith’s forecast of posthumous anonymity — he does not name them, nor breathe a word about their scandalous crime. Only the man destined for the reprieve has animation; Smith and Pratt, immobile and affectless, are … but are little else besides. “Dead men,” like that turnkey said. This is not necessarily implausible, but it is also very pat for the literary construction of “A Visit to Newgate,” and we might be entitled to wonder how close to journalistic accuracy the writer has really come here, or regret the details Dickens has discarded that might have salvaged their humanity for a later readership.

Dickens’ party proceeded from these characters to a tour of the physical cells in which these doomed “statues” passed their last sleepless nights.

A few paces up the yard, and forming a continuation of the building, in which are the two rooms we have just quitted, lie the condemned cells. The entrance is by a narrow and obscure stair-case leading to a dark passage, in which a charcoal stove casts a lurid tint over the objects in its immediate vicinity, and diffuses something like warmth around. From the left-hand side of this passage, the massive door of every cell on the story opens; and from it alone can they be approached. There are three of these passages, and three of these ranges of cells, one above the other; but in size, furniture and appearance, they are all precisely alike. Prior to the recorder’s report being made, all the prisoners under sentence of death are removed from the day-room at five o’clock in the afternoon, and locked up in these cells, where they are allowed a candle until ten o’clock; and here they remain until seven next morning. When the warrant for a prisoner’s execution arrives, he is removed to the cells and confined in one of them until he leaves it for the scaffold. He is at liberty to walk in the yard; but, both in his walks and in his cell, he is constantly attended by a turnkey who never leaves him on any pretence.

We entered the first cell. It was a stone dungeon, eight feet long by six wide, with a bench at the upper end, under which were a common rug, a bible, and prayer-book. An iron candlestick was fixed into the wall at the side; and a small high window in the back admitted as much air and light as could struggle in between a double row of heavy, crossed iron bars. It contained no other furniture of any description.

(Later in the 19th century, this dank vault was improved by conjoining two adjacent chambers to comprise the condemned cell.)

A year after Sketches‘ February 1836 publication, Dickens’ serialized novel of the London underclass Oliver Twist began its run. That story’s heart-wrenching denouement of the thief Fagin awaiting execution in Newgate seems to owe a debt to Dickens’ meditation in Sketches on the dolorous condition of Smith, Pratt, or any doomed prisoner facing death in these awful cells.

“A Visit to Newgate” concludes:

Conceive the situation of a man, spending his last night on earth in this cell. Buoyed up with some vague and undefined hope of reprieve, he knew not why – indulging in some wild and visionary idea of escaping, he knew not how – hour after hour of the three preceding days allowed him for preparation, has fled with a speed which no man living would deem possible, for none but this dying man can know. He has wearied his friends with entreaties, exhausted the attendants with importunities, neglected in his feverish restlessness the timely warnings of his spiritual Fagin in Newgate – Cruikshank consoler; and, now that the illusion is at last dispelled, now that eternity is before him and guilt behind, now that his fears of death amount almost to madness, and an overwhelming sense of his helpless, hopeless state rushes upon him, he is lost and stupefied, and has neither thoughts to turn to, nor power to call upon, the Almighty Being, from whom alone he can seek mercy and forgiveness, and before whom his repentance can alone avail.

Hours have glided by, and still he sits upon the same stone bench with folded arms, heedless alike of the fast decreasing time before him, and the urgent entreaties of the good man at his side. The feeble light is wasting gradually, and the deathlike stillness of the street without, broken only by the rumbling of some passing vehicle which echoes mournfully through the empty yards, warns him that the night is waning fast away. The deep bell of St. Paul’s strikes – one! He heard it; it has roused him. Seven hours left! He paces the narrow limits of his cell with rapid strides, cold drops of terror starting on his forehead, and every muscle of his frame quivering with agony. Seven hours! He suffers himself to be led to his seat, mechanically takes the bible which is placed in his hand, and tries to read and listen. No: his thoughts will wander. The book is torn and soiled by use – and like the book he read his lessons in, at school, just forty years ago! He has never bestowed a thought upon it, perhaps, since he left it as a child: and yet the place, the time, the room – nay, the very boys he played with, crowd as vividly before him as if they were scenes of yesterday; and some forgotten phrase, some childish word, rings in his ears like the echo of one uttered but a minute since. The voice of the clergyman recalls him to himself. He is reading from the sacred book its solemn promises of pardon for repentance, and its awful denunciation of obdurate men. He falls upon his knees and clasps his hands to pray. Hush! what sound was that? He starts upon his feet. It cannot be two yet. Hark! Two quarters have struck; – the third – the fourth. It is! Six hours left. Tell him not of repentance! Six hours’ repentance for eight times six years of guilt and sin! He buries his face in his hands, and throws himself on the bench.

Worn with watching and excitement, he sleeps, and the same unsettled state of mind pursues him in his dreams. An insupportable load is taken from his breast; he is walking with his wife in a pleasant field, with the bright sky above them, and a fresh and boundless prospect on every side – how different from the stone walls of Newgate! She is looking – not as she did when he saw her for the last time in that dreadful place, but as she used when he loved her – long, long ago, before misery and ill-treatment had altered her looks, and vice had changed his nature, and she is leaning upon his arm, and looking up into his face with tenderness and affection – and he does NOT strike her now, nor rudely shake her from him. And oh! how glad he is to tell her all he had forgotten in that last hurried interview, and to fall on his knees before her and fervently beseech her pardon for all the unkindness and cruelty that wasted her form and broke her heart! The scene suddenly changes. He is on his trial again: there are the judge and jury, and prosecutors, and witnesses, just as they were before. How full the court is – what a sea of heads – with a gallows, too, and a scaffold – and how all those people stare at HIM! Verdict, ‘Guilty.’ No matter; he will escape.

The night is dark and cold, the gates have been left open, and in an instant he is in the street, flying from the scene of his imprisonment like the wind. The streets are cleared, the open fields are gained and the broad, wide country lies before him. Onward he dashes in the midst of darkness, over hedge and ditch, through mud and pool, bounding from spot to spot with a speed and lightness, astonishing even to himself. At length he pauses; he must be safe from pursuit now; he will stretch himself on that bank and sleep till sunrise.

A period of unconsciousness succeeds. He wakes, cold and wretched. The dull, gray light of morning is stealing into the cell, and falls upon the form of the attendant turnkey. Confused by his dreams, he starts from his uneasy bed in momentary uncertainty. It is but momentary. Every object in the narrow cell is too frightfully real to admit of doubt or mistake. He is the condemned felon again, guilty and despairing; and in two hours more will be dead.

Lotta books about Dickens

A magistrate with the Dickensian name of Hesney Wedg(e)wood appealed vigorously for clemency for Smith and Pratt — pointing out that the only reason these two had been doomed among the rather many enthusiasts** for this victimless offense was that they were penurious enough to have to pursue their desires in a lodging-house rented by a friend where they were easily spied-upon.

(The testimony lodged against them in court came from the nosy landlord who got suspicious, and with his wife peeped through the keyhole on “Pratt laying on his back with his trowsers below his knees, and with his body curled up—his knees were up—Smith was upon him—Pratt’s knees were nearly up to Smith’s shoulders—Smith’s clothes were below his knees … and a great deal of fondness and kissing.” The landlord burst in on the sodomites and put a stop to the fondness right away.)

“There is a shocking inequality in this law in its operation upon the rich and the poor,” wrote Wedgwood.

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. The detection of these degraded creatures was owing entirely to their poverty, they were unable to pay for privacy, and the room was so poor that what was going on inside was easily visible from without. (Quoted here)

* The first executed under the Buggery Act shared his scaffold with Thomas Cromwell almost 300 years before. Although there were no further executions for sodomy after Smith and Pratt in 1835, that penalty remained theoretically available for the “crime” until 1861.

** See this book-length pdf.

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1540: Thomas Cromwell

14 comments July 28th, 2009 Headsman

“Who cannot be sorrowful and amazed that he should be a traitor against your majesty? He that was so advanced by your majesty, he whose surety was only by your majesty, he who loved your majesty, as I ever thought, no less than God; he who studied always to set forward whatsoever was your majesty’s will and pleasure; he that cared for no man’s displeasure to serve your majesty; he that was such a servant, in my judgment, in wisdom, diligence, faithfulness, and experience, as no prince in this realm ever had …

If he be a Traitor, I am sorry that ever I loved him, or trusted him, and I am very glad that his treason is discovered in time; but yet again I am very sorrowful; for who shall your grace trust hereafter, if you might not trust him? Alas!”

Archbishop Thomas Cranmer, writing to King Henry VIII upon news of the arrest of Thomas Cromwell

It was on this date in 1540 that the Machiavellian minister of Henry VIII fell by the instrument he had wielded so ably against so many others.

While Henry strove to get his end away, Thomas Cromwell made the Reformation, setting his energetic hand to the needfully violent reordering of England.

In almost a decade as the king’s chief minister, he had dissolved so many monasteries, annulled so many noble prerogatives, backstabbed so many courtiers, and sent so many of every class to the scaffold that most at court had some reason to hate him. (Cranmer was the only one to (cautiously) object to his old partner’s arrest.)

Every matter of importance in 1530’s England concerned Cromwell. He raised and then destroyed Anne Boleyn; he managed the realm’s religious turmoil so fearsomely that his ouster was one of the demands of the Pilgrimage of Grace; he did what he had to do in the matter of Sir Thomas More.

Hilary Mantel’s acclaimed Man-Booker Prize-winning 2009 novel Wolf Hall humanizes Cromwell’s side of his clash with Thomas More. (Review)

Though it may be, as Edward Hall recorded, that “many lamented but more rejoiced” at Cromwell’s fall from the very height of his power — “and specially such as either had been religious men, or favoured religious persons; for they banqueted and triumphed together that night [of his execution], many wishing that that day had been seven year before” — the reasons for it are murky enough to invite recourse to the royal person’s irrationality.

The bedroom politics get all the press: Cromwell’s bit of marital statecraft arranging Henry’s marriage to Anne of Cleves was a famous dud, but negotiations to end it were well on their way by the time of Cromwell’s arrest.

Why, too, should the minister have been ennobled Duke of Essex in April 1540, months after the disastrous union? That Cromwell, whose own security rested upon the stability of the realm, was a radical Protestant promulgating inflammatory religious ideas — and he was condemned for both treason and heresy, incidentally giving the king wide latitude for just how painfully to kill his former servant — seems to beggar belief.

Once fallen, Cromwell was kept alive long enough to add testimony to the Cleves divorce; that much is clear. But then why keep him alive still three weeks more?

In the end, maybe it was inevitable that one in his position, at his time and place, had to follow to the scaffold the many he had sent thither, just the Tudor version of that familiar “bad advisors” trope: it were not treason to murmur against the aide whose ill counsel did wrong by His Majesty, and so Cromwell stood to accumulate the share of hostility that properly belonged to his sovereign. As an expert practitioner of the game of power politics, Thomas Cromwell could hardly be in a position to complain.

Oh, and by the by: with the German princess on the outs, the king’s wandering eye had fallen upon a niece of Cromwell’s enemy. On the day that Cromwell lost his head, Henry married Catherine Howard. No matter your brilliance, in Henrican England you only had to lose at court politics once, even if the king would be lamenting this injudicious trade within months.

Henry gave his loyal servant the easiest death, beheading on Tower Hill (although it turned out to be a botched job) — alongside a distinctly undercard attraction, Walter Hungerford, the first person executed under the Buggery Act.

Hall records Cromwell playing ball with a fine entry in the scaffold-speech genre that kept his son in the peerage.

I am come hether to dye, and not to purge my self, as maie happen, some thynke that I will, for if I should do so, I wer a very wretche and miser: I am by the Lawe comdempned to die, and thanke my lorde God that hath appoynted me this deathe, for myne offence: For sithence the tyme that I have had yeres of discrecion, I have lived a synner, and offended my Lorde God, for the whiche I aske hym hartely forgevenes. And it is not unknowne to many of you, that I have been a great traveler in this worlde, and beyng but of a base degree, was called to high estate, and sithes the tyme I came thereunto, I have offended my prince, for the whiche I aske hym hartely forgevenes, and beseche you all to praie to God with me, that he will forgeve me. O father forgeve me. O sonne forgeve me, O holy Ghost forgeve me: O thre persons in one God forgeve me. And now I praie you that be here, to beare me record, I die in the Catholicke faithe, not doubtyng in any article of my faith, no nor doubtyng in any Sacrament of the Churche.* Many hath sclaundered me, and reported that I have been a bearer, of suche as hath mainteigned evill opinions, whiche is untrue, but I confesse that like as God by his holy spirite, doth instruct us in the truthe, so the devill is redy to seduce us, and I have been seduced: but beare me witnes that I dye in the Catholicke faithe of the holy Churche. And I hartely desire you to praie for the Kynges grace, that he maie long live with you, maie long reigne over you. And once again I desire you to pray for me, that so long as life remaigneth in this fleshe, I waver nothyng in my faithe.

And then made he his praier, whiche was long, but not so long, as bothe Godly and learned, and after committed his soule, into the handes of God, and so paciently suffered the stroke of the axe, by a ragged and Boocherly miser, whiche very ungoodly perfourmed the Office.

If Cromwell’s dying sentiment concealed any lasting bitterness for the crown, maybe his spirit would take some satisfaction a century later when another of his name and family rose high enough to behead a king.

* Cromwell’s bit about the “Catholic faith” in his dying confession is to be carefully handled; it’s sometimes rendered “the traditional faith,” and occasionally treated by later Protestant polemicists as a phony addition made by Roman apologists. It’s not, appearances aside, walking back the Reformation; according to Charles Carlton’s “Thomas Cromwell: A Study in Interrogation” (Albion: A Quarterly Journal Concerned with British Studies, Vol. 5, No. 2 (Summer, 1973)) our day’s victim “did not see himself as a Catholic separate from the Church, but as a Christian, who, with his King, had escaped the Pope’s usurped authority.” Cromwell is also explicit in this passage about rejecting sacramentarianism, which was part of the heresy accusation against him.

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