The Daily Agenda for Monday, October 31

Jim Burroway

October 31st, 2011

TODAY IN HISTORY:
That Most Detestable, Horrid, and Abominable Crime Called Buggery: 1848. The following court record was entered:

The indictment against the prisoners was as follows: —

“Central Criminal Court, to wit the jurors for our Lady the Queen upon their oath present that Edwin Gatehouse, late of the parish of Lambeth, in the county of Surrey, and within the jurisdiction of the court, labourer, and William Dowley, late of the same place, labourer, being persons of depraved and unnatural dispositions,in the 12th year of the reign of our Sovereign Lady Victoria, by the grace of God of the united kingdom of England and Ireland, Queen, defender of the faith, with force of arms, at the parish aforesaid, in the county aforesaid, and within the jurisdiction of the said court, in a certain room there unlawfully and wickedly did meet, and were then together for the purpose of committing with each other that most detestable horrid, and abominable crime called buggery; and did then and there unlawfully and wickedly lay their hands upon each other with intent then and there feloniously, wickedly, diabolically, and against the order of nature to commit and perpetrate with each other the detestable, horrid, and abominable crime aforesaid. To the great displeasure of Almighty God, to the evil example of all others in the like case offending, and against the pace of our Lady the Queen, her crown and dignity. And the jurors aforesaid, upon their oath aforesaid, do further present that the said Edwin Gatehouse and William Dowley, being such evil disposed persons as aforesaid, afterwards (to wit) on the day and year aforesaid, with force and arms at the parish aforesaid, in the county aforesaid, and within the jurisdiction of the said court, unlawfully and wickedly did meet, and then and there were together in a certain room for the purpose and with the intent of committing and perpetrating with each other these divers nasty, wicked, filthy, beastly, and unnatural acts and practices; and that the said Edwin Gatehouse and William Dowly, in pursuance of such purpose and intent, unlawfully, wickedly, and indecently did then and there expose their naked private parts to each other, and did also then and there place their hands upon and take hold of and feel the naked private parts of each other, with intent then and there to excite and stir up in the minds of each other divers filthy, beastly, and unnatural lusts and desires, to the great scandal and subversion of religion, morality, decency, and good order, and against hte peace of our Lady the Queen, her crown and dignity.”

At the close of the case for the prosecution, Ballantine, for the prisoner, Gatehouse, objected that neither of these counts disclosed any offense. The second count was clearly bad within the principle of the cases recently decided. It did not allege that the place where the exposure took place was public; and even if it was public, the exposure was only to one person, which was not sufficient. Indecency, to be criminal, must be in a public place, and in the sight of divers of her majesty’s subjects. The first count also was bad. It did not aver an attempt to commit buggery, but a mere intention accompanied by an act indicative of that intention. Such intention was not criminal. To constitute an offence, some act in pursuance of such intention, and as a commencement to the actual crime of buggery, must be shown.

The Common Sergeant. — The judges have not yet expressly decided that the second count is bad, but in accordance with the cases which have been decided, I think they would hold it to be bad. I shall therefore tell the jury that, as to that count, they must against acquit the prisoner. An intent to commit sodomy, must, I think, be charged and proved. But this is, in my opinion, done in the first count; and at present, I see no reason for holding that that count is bad. But before judgment is given, I will consult some of the judges; and if necessary, reserve the point for consideration of all judges.

The Jury found the prisoners Guilty on the first count.

Judgement was respited.

From Chris White’s Nineteenth-Century Writings on Homosexuality: A Sourcebook. In a footnote, the White writes, “I have been unable to determine the fates of Gatehouse and Dowley.”

If you know of something that belongs on the agenda, please send it here. Don’t forget to include the basics: who, what, when, where, and URL (if available).

And feel free to consider this your open thread for the day. What’s happening in your world?

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