The Case of Henry Bourne, 1845


NOTE: A man who is convicted of sodomy with a 14-year-old youth is sentenced to transportation for life, and apparently kills himself in prison just before he is transported.


Friday 7 March 1845

Henry Bourne, 42, late of Brigg, charged on two indictments with assaulting Wm. Thompson and Jas. Clayton, with intent to perpetrate an unnatural crime. – (This prisoner, it is understood, will be removed by habeas for trial at York.) (Stamford Mercury)

Saturday 15 March 1845

YORKSHIRE SPRING ASSIZES.
THURSDAY, March 13.
HENRY BOURNE (who had been removed by habeas corpus from the gaol of Lincoln, where he has been confined on similar charges) was indicted for sodomy, committed on a boy fourteen years of age.
          Mr. Bliss was for the prosecution; Mr. Wilkins defended the prisoner.
          The prosecutor is a tailor who resides at Brigg, in Lincolnshire, and he has a son who was fourteen years of age in May last. The prisoner has resided many years in Brigg, and he was formerly an assistant surgeon, latterly having practised in that business on his own account, and occupying a small lodging to himself. The prosecutor had known him by sight, but never personally until about a year ago. On the 13th of August last, he made the boy's acquaintance, took him to public shows, made him little presents, and treated him in the most familiar manner. He applied to his father to allow him to accompany him to Hull, and the prosecution consented, on his paying expenses. The boy and he went together to Hull. They visited the Zoological Gardens and the Theatre, and at night the prisoner attempted to take infamous liberties with him, and ultimately accomplished his purpose.
          Mr. Wilkin's speech to the jury was a piece of splendid ingenuity and impressive eloquence.
          The learned judge having summed up, the jury found that the prisoner was guilty. (Leeds Times)

Saturday 15 March 1845

[Re the Henry Bourne conviction:] Mr. JUSTICE WIGHTMAN ordered judgment of death to be entered on record against the prisoner. He said the extreme penalty of the law would not be carried into effect, but he would be transported undoubtedly for the term of his natural life, so that he might no longer contaminate this country. The prisoner was then removed. (Leeds Mercury)

Saturday 15 March 1845

YORK CITY ASSIZES.
THURSDAY, March 13.
Before Mr. Justice WIGHTMAN.
SODOMY AT HULL.
HENRY BOURNE, (who had been removed from Lincoln Jail) was indicted for an unnatural crime at Hull, on Wm. Thompson.
          Mr. BLISS was counsel for the prosecution; the prisoner was defended by Mr. WILKINS. The prosecutor, who is 14 years of age, is the son of Mr. Thos. Thompson, a tailor, residing at Brigg, at which place the prisoner has also lived many years; he was formerly an assistant surgeon, but had latterly practised his profession on his own account, and occupied private lodgings. About a year previous to the commission of the alleged offence, the parties became acquainted, and from that time the prisoner repeatedly made the boy small presents, and treated him to various places of amusement. This intimacy eventually led to an introduction of the prisoner into Mr. Thompson's house, where he frequently visited and took tea, and also employed the father in his business as a tailor. Some time previous to the offence being committed, the prisoner applied to the father for permission for his son to accompany him on a trip of pleasure to Hull, which was then refused, but their intimacy continuing, the father, upon the request being repeated, was induced to give his consent, and on the 12th of Aug., the two proceeded to Hull, a promise having been previously given to Mr. Thompson that they would not be absent more than a day. On arriving in Hull, the prosecutor and the prisoner visited several places of interest, and amongst others the Zoological Gardens, and in the evening the theatre, after which they went to an inn, in Mytongate, where they partook of refreshment, and at night they both retired to rest in one bed. During that night the prisoner perpetrated that which formed the subject of the present charge, and which the prosecutor swore positively to, as well as to the prisoner having on several previous occasions taken improper liberties with him, respecting which no intimation was given to his parents or any other person, until the expiration of several months, when steps were instantly taken against the prisoner.
          Mr. WILKINS addressed the jury on behalf of the accused, at considerable length and with his usual eloquence; after which the learned Judge summed up, and the jury retired: they deliberated about three hours, and then returned into court with a verdict of Guilty.
          The learned JUDGE, addressing the prisoner said that judgment of death would be recorded against him; but in his case the extreme penalty would not be carried into effect. He would, however, be transported for life, and would thereby cease to contaminate this country. (York Herald)

Saturday 15 March 1845

YORKSHIRE ASSIZES.
CROWN COURT, THURSDAY, March 18.
UNNATURAL CRIME.
HENRY BOURNE, who had been removed by Habeas Corpus from the gaol of Lincoln, where he had been confined on similar charges, was indicted for Sodomy committed on a boy, fourteen years of age, at Hull, having taken the boy with him from Brigg, in Lincolnshire, where the prisoner had practised as a surgeon.
        Mr. Wilkins's speech to the jury was a piece of splendid ingenuity and impressive eloquence.
        The Learned Judge having summed up, the jury found the prisoner Guilty.
        Mr. Justice Wightman ordered judgment of death to be entered on record against the prisoner. He said the extreme penalty of the law would not be carried into effect, but he would be transported undoubtedly for the term of his natural life, so that he might no longer contaminate this country. The prisoner was then removed. (Leeds Mercury)

Friday 13 June 1845

DEATH OF A CONVICT. – News has been received in Lincoln that Henry Bourn, the surgeon, near Brigg, who was convicted at the last York assizes of an unnatural offence, and sentenced to transportation for life, has died in the penitentiary at Millbank, to which prison convicts are frequently removed prior to being sent "across the seas." (Lincolnshire Chronicle)


SOURCE: Various newspapers, dates as given.

CITATION: If you cite this Web page, please use the following citation:
Rictor Norton (Ed.), "The Case of Henry Bourne, 1845", Homosexuality in Nineteenth-Century England: A Sourcebook, 21 November 2016 <http://rictornorton.co.uk/eighteen/1845bour.htm>.


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