A Narrative of the Behaviour of THOMAS ANDREWS, who was convicted of committing the detestable Crime of Sodomy, on the Body of John Finnimore.
THOMAS ANDREWS kept a public house, the sign of the Fortune of War at Pye-Corner near Sm ithfield. On the 17th of April 1761, John finnimore called at Andrews's house about noon. Finnimore knew him before, having lived in a house where Andrews's sister lived. When he was in the house, says Andrews,John, my wife is out of town, you shall be welcome to lie with me, I have no where else that you can lie at present: buit Finnimore did not stay there, as his last mistress told him he should lie at her house. He had lived in very reputable families, viz. Mrs. Unwin's in King-Street, and at Mrs. Mead's in Red-Lion-Court, behind St. Sepulchre's church. Having been with his last mistress and promised to come to lie there, he went to Andrews's, and told him he thanked him for his kind offer, but that his mistress had engaged him that night.
The next day his mistress not offering him a bed, he went to Andrews's with a cousin ofhis towards night, and called for some beer, and after the pot was drank outhis cousin went away, and left him with Andrews: they supped together, and about one o'clock the company being gone, they went to bed together. Finnimore having drank prettyi freely at other houses was a little in liquor. As soon as Finnimore was in bed he fell asleep, but about four [p.137] o'clock he awaked, with a violent pain and agony, and found Andrews's yard in his body.
Finnimore deposed before the court at Justice-Hall in the Old-Bailey, that he remarked though in liquor, that Andrews on going to bed took the key out of the door after having locked it. That after he had awaked, and found Andrews in his body, in getting away from him he felt something warm, but what it was, he could not say. That he got out of bed immediately, and sat by the bedside on a chair. That Andrews invited him into bed again, and told him, that he could go no where yet. That after setting a quarter of an hour in the chair, he did by Andrews's persuasion go to bed again. That after ten minutes or thereabouts he fell asleep again, and found Andrews attempted the same as before: but Finnimore got out of bed and dressed himself. That Andrews did the same, went down stairs with him and unlocked the door to let him out.
That he went to his cousin's and told him of Andrews's behaviour. This happened on a Sunday; on the Monday morning he went to one Daniel Goodwin, who had been a fellow servant of his, and told him the whole story; there were others in company that heard it, and they all advised him to get a constable and take him up; which he immediately did. That on the constable's going into the house Andrews went up stairs, and on his coming down informed them he had been up to change his cloaths, though he was in the same he went up in. That he charged the constable with him, and Andrews also charged the constable with Finnimore. That they then went to the Lord-Mayor's; he not being at home they went to two different aldermens houses, but they were not at home, so that Andrews was committed to the Compter, and Finnimore to Old Bridewell. That the next day they were carried before Sir Robert Ladbroke, but nothing was said by Andrews [p.138] but that he believed Finnimore to be a very honeset young man.
That they then adjourned to the Dolphin in Honey-Lane Market, and had a tankard of beer; there were present Mr. Richardson a taylor, Mr. Griffiths a carpenter, and Mr. Leage the constable.
That he (Finnimore) was informed it would be very expensive to carry on a law-suit, and that as he was out of place, and had but a trifle of money, he thought it most expedient to make it up, he never having been before a justice of the peace in his life; therefore said that if Andrews would give a note under his hand that he never should come to any blame, and never trouble him for making it up, he would settle the whole affair.
That the prisoner Andrews wrote with his own hand the following words. "The 20th of April, John Finnimore, and Thomas Andrews have agreed, that all is made up." That Andrews desired Finnimopre to write another agreement in the same words, but he was not able to write. That one of the company who sat by, said, "John, what are you doing? If you offer to have any thing to with it I will cut your hands off."
The cousin of Finnimores who was with him drinking at Andrews's the night this beastly act was committed, deposed to the court, That on the 18th of April he was at Mrs. Mead's in Red-Lion-Cour, and found his kinsman John Finnimore there. That they went to Andrews's and drank some beer, and after desiring his kinsman to call on him the next morning left him there, as he had informed him he was to lodge there. That he came the next morning while he (Jonathan Finnimore) was writing a letter: That on asking him how he did, he said very ill; for says he after you went away Mr. Andrews kept me up till one o'clock, and that he and Mr. Andrews went to bed together. That in the night Mr. Andrews [p.139] awaked him, and he was in very great pain. That Andrews had buggered him. That he (Jonathan Finnimore) had told him it touched a man's life, therefore he ought to be quite sure of it. That he asked him whether he could walk to Clapham, and he answered no; for that he was scarce able to sit. That he said, the linen he had put on was stained with a running manner, which Jonathan examined and found to be true. That they parted and the prosecuitor went to Mrs. Mead's, where he informed all the servants of it.
A surgeon deposed, that John Finnimore came to him the Monday morning and the Wednesday, and desired him to examine his case: that he did so, and found the parts lacerated; there was an appearance as if violence had been used; and the injury was considerable. That the edge of the Rectum was lacerated, just at the edge of the Anus, and that part bled.
The linen was produced in court, and many stains appeared as before-mentioned.
The prisoner Andrews by way of defence said, That he knew no more of it than the child unborn. That when he came before Sir Robert Ladbroke, Sir Robert said, when you was used in this terrible manner, did you say any thing to him about it? He said, I cannot say that I did. That he (Andrews) told him he came to his house on the Friday crying like a child whipped with a rod; he said his mistress had turned him away, and he had been there but thirteen days. He wanted a lodging. He told him he had not a bed empty, but as he knew him he was welcome to a part of his bed as his wife was in the country. That he came again and told him his lady had asked him to lie at her house, as he was out of place. That on Saturday he came again, and said hius mistress had not asked him a second time, and he did not chuse to ask her. That he went out again, [p.140] and at eight he came in with his cousin Finnimore, and had two pints of beer; then his cousin went away, and he never asked him to go to bed at all, it happened to be one o'clock when he went to bed.
As to the key he never took it out since he first took the house. That he double locked it and went to bed, and never waked till St. Sepulchre's clock stuck six, which waked him. That Finnimore was not out of bed during the whole night. That he with his wlbow waked him, and told him it was past six o'clock. That he asked him as he was to go to Clapham to breakfast. That he shifted himself in the bar. That he drank a glass of gin and ate a slice of bread. That he promised to come back to dinner, and after shaking hands they parted. That from that time he never saw him till four o'clock on Monday, when he brought Mr. Leage to apprehend him. That he charged Finnimore, which he would not have done had he been afraid. That to the end of the world he would plead his innocence, and the whole was false swearng. That when they came to the public-house, the constable said, let us go in and have a pint of beer, don't let us go wrangling and jangling. That there were five of them, and they had some beer. That the constable proposed general releases between them. That John Finnimore said, if you Mr. Andrews will be kind enough to give me a receipt from under your hand that you will not hurt me, I will make it up. That some of the company called for pen, ink and paper, and desired him (Andrews) to write; but as he had not his spectacles about him, he only wrote, John Finnimore and Thomas Andrews have agreed all is made up. That one of the company snatched away the paper and said to John, I will cut your hands off, you shall sign nothing, we will have some smart money. That he (Andrews) answered, before I'll agree to that I will spend 100l. [p.141]
Finnimore was ten asked by the court what he could say as to the emission. He said that he felt something warm, liquidly warm; something wet, just as he withdrew from him.
The jury withdrew, and after some time returned and pronounced Andrews guilty, Death. Soon after he received a respite from his Majesty, and afterwards a pardon. [p.142]
SOURCE: The Tyburn Chronicle, or, Villainy Display'd in All its Branches, London, J. Cooke, 1768, Vol. IV, pp. 137-142
CITATION: If you cite this Web page, please use the following citation:
Rictor Norton (Ed.), "The Trial of Thomas Andrews, 1761" Homosexuality in Eighteenth-Century England: A Sourcebook. 14 May 2008 <http://rictornorton.co.uk/eighteen/1761andr.htm>.
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