Samuel Taylor and John Berry were indicted; Taylor for assaulting John Berry, and committing with him the horrid and detestable Crime of Buggery. And Berry for wickedly consenting with Taylor the said unnatural Crime to commit and do, Jan. 31.
Mr. Windham: For the Conveniency of the People that live in Old Round-Court in the Strand, there is a common necessary House; which, tho' most of the Neighbours have a Key to, yet is often left unlock'd. On the 31st of Jan. my Servant told me, about 7 o'Clock at Night when he was shutting up Shop, that 2 Fellows had been in the Vault about three quarters of an Hour. I thought they might be Thieves, so I took a Candle, and my Servant following me, I bolted (went hastily) into the Place, and found Taylor sitting, not upon the open Seat, but upon the close Part of it, and Berry sitting in his Lap; both their Breeches being down. I call'd them Names, and left them; but a Mob rose upon them, and would have knock'd them on the Head, had not a Constable in the Neighbourhood seiz'd them to carry them before a Magistrate. When they were carried away, some Gentlemen came to me, and told me, it would be a Shame such Rascals should escape, and perswaded me to go to the Justices. When I came there, (to Mr. Justice Hilder's) the 2 Prisoners were each of them endeavouring to make a Confession before the other. Berry made his Confession first, and sign'd it; but Taylor confessed the whole Matter too.
Mr. Hilder prov'd Berry's Confession.
"Who saith, that Samuel Taylor asked him if he would go out with him? Upon which this Informant told him he would. That he went with him to Joy Bridge, but a Light coming, they went from thence to a necessary House in Round-Court, where Taylor asked him to let him lie with him, upon which they pulled down their Breeches, and Taylor committed the Act of Sodomy with him twice, and that Mr. Windham the 2d Time caught them in the Fact."
Mr. John Fridenburgh confirm'd the former Evidence very exactly; and added, that as the two Prisoners were carrying to Goal, Berry own'd they had been from one part of the Town to another, to find a convenient Place, and at last they thought of the Place where they were taken.
The Prisoners in their Defence, pleaded their being in Liquor, but it appeared from the Witnesses that they were perfectly sober. Guilty, D E A T H.
25 February 1738
Yesterday 26 Prisoners were tried at the Old Baily, 3 whereof were capitally Convicted, viz. Nathaniel Hillyard, for the Murder of Robert Milligan, a Marshals Court Officer in St. James's Haymarket, in May 1734; Samuel Taylor and John Berry, for Sodomy. William Clarke was tried for the Murder of Mary Humphreys, by driving a Cart over her, and found Guilty of Manslaughter. Nine were cast for Transportation, and 13 Acquitted. (Daily Gazetteer) 27 February 1738
On Saturday last the Sessions ended at the Old Baily, when three Persons were tried and Acquitted. 3 March 1738
Yesterday was held a General Council at St. James's, when Mr. Serjeant Urling, Deputy Recorder of this City attended, and made his Report of the 16 Malefactors under Sentence of Death in Newgate, viz. ... Saturday 11 March 1738
On Thursday Mr. Serjeant Urling, Deputy-Recorder of this City, made his Report to his Majesty of the sixteen Malefactors now under Sentence of Death in Newgate, viz. . . . Samuel Tauylor and John Berry, for Sodomy; . . . When his Majesty was graciously pleased to grant his most gracious Pardon to John Waterman; and to order Nathaniel Hillyard, Thomas Jenkins, James Cope, Mary Cook, and the two Sodomites, to be transported for 14 Years . . . (Newcastle Courant)
Thursday 25 March 1738
On Monday last died, in Newgate, John Berry, one of the Persons who was capitally convicted for Sodomy last Sessions, but pardon'd. (Newcastle Courant)
Saturday 1 April 1738
Last Week Samuel Taylor, condemn'd (but since repriev'd) last Sessions for committing Sodomy with John Berry, died in Newgate; as did also his Accomplice on the 13th of this Month. – It is happy for the Nation that such Wretches are cut off. (Newcastle Courant)
Mr. Windham: Taylor confessed it full as plain, or plainer than Berry; he said (several Times) he was guilty of the same Crime with Berry, but would not allow that he had enticed him to it. He own'd he had lain with Berry twice, and made use of the Word Sodomy. After Berry had made his Confession, Taylor said he had acted Sodomy with him. Their Breeches were not put up when they were before the Justice.
SOURCE: The Proceedings at the Sessions of Peace ... on Wednesday the 22d, Thursday the 23d, Friday the 24th, and Saturday the 25th of February, Number III, London: Printed for J. Roberts, at the Oxford-Arms in Warwick-Lane, M.DCC.XXXVII [1738 New Style], p. 46.
The 6 mentioned in our former to have been capitally convicted, received Sentence of Death. Two were burnt in the Hand, and 3 ordered to be Whipt. (Daily Gazetteer)
Samuel Taylor and John Berry, for committing the detestable Sin of Sodomy. ...
When his Majesty was most graciously pleased ... to extend his most gracious Pardon to John Waterman, Nathaniel Hillyard, Samuel Taylor, and John Berry. (Daily Gazetteer)
CITATION: If you cite this Web page, please use the following citation:
Rictor Norton (Ed.), "Caught in a Bog-House, 1738", Homosexuality in Eighteenth-Century England: A Sourcebook, 25 July 2004, expanded 12 December 2014 <http://rictornorton.co.uk/eighteen/1738tayl.htm>.
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