182. (L.) Thomas Andrews, victualler, was indicted for committing the detestable crime of sodomy, on the body of John Finimore, April 19.*
John Finimore. The prisoner lived at the Fortune of War, a publick-house in Pye-corner. I went to his house on the 17th of April last, about noon. I came out of place that day, and went there, endeavouring to get me a lodging.
Q. Was you acquainted with him before?
Finimore. I had known him before by my living in a family where he has a filter lives. He said, 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. I did not stay then, but went to the lady where I had lived. She said, John, you shall lie here to-night.
Q. Where had you lived last?
Finimore. That was at one Mrs. Unwin's in King's-street, I lived with Mrs. Mead, before I lived with Mrs. Unwin; she lives in Red-lion-court, behind St. Sepulchre's-church. I told my mistress I was come away from my place; she said, she was sorry for it, and would endeavour to get me another if she could.
I went back to him that afternoon, and told him I was very much obliged to him for his kind offer, but my mistress had said, I should lie there that night. He said, John, it is very well; then I left him, and lay at Mrs. Mead's. I went the 18th, that was the next day, to the prisoner, and asked him the question again, he answered as before, John, my wife is out of town, you shall be welcome to lie along with me, if you approve of it.
Q. How came you not to continue to lie at Mrs. Mead's.
Finimore. As she did not offer it, I did not.
Q. What time of the day was it, that you went to him; on Saturday the 18th?
Finimore. I cannot justly say the hour; but it was some time in the morning.
Q. Did you accept of the offer?
Finimore. I did, I returned him a great many thanks, and said, I was very much obliged to him.
Q. Did you stay that time till night?
Finimore. No, I did not; I went to my mistress's again. Then I went round amongst my acquaintance, to hear if I could hear of a place.
Q. Did your mistress enquire where you was to lay that night?
Finimore. No, she did not; I came back to Mr. Andrews's in the evening, about eight o'clock, as near as I can guess.
Q. How did you spend your evening?
Finimore. My first cousin went with me, and we had a pot of beer between eight and nine.
Q. What is his name?
Finimore. His name is Jonathan Finimore.
Q. Was the prisoner in your company?
Finimore. He was all the evening.
Q. How long did you continue together?
Finimore. The prisoner and I did till one o'clock, my cousin Jonathan did not stay all that time; he drank part of one pot of beer, and went away.
Q. What time did he go away?
Finimore. He went away, and left us together, between the hours of eight and nine; he did not stay any time.
Q. Were there any more company in the house?
Finimore. There were; but there were nobody in our company.
Q. Were you in a publick drinking room?
Finimore. Yes, we were.
Q. Did you sup together?
Finimore. We did; and about one o'clock the company were gone, he shut up the doors and windows, and he and I went to bed together.
Q. Did his wife come home?
Finimore. No, his wife was still out of town:
Q. Did company stay all the time till he shut up the doors?
Finimore. Yes, there did.
Q. When you went to bed, how was you for liquor.
Finimore. I was a little in liquor, I had been walking about all day, and had been drinking with him all the evening.
Q. Was he in liquor?
Finimore. I cannot say he was drunk.
Q. Was he as much gone as you?
Finimore. No, I cannot say he was.
Q. Was he drunk or sober?
Finimore. He was rather sober than otherwise.
Q. Did any thing happen before you went to bed?
Finimore. No, I went to sleep soon, and about four o'clock, as near I can guess, I awaked with a violent pain and agony, which I was in, and found his y--d in my body.
Q. Are you sure you was sober enough to be positive?
Finimore. I was so far sober as this, that I was able to undress myself, and to see the key was taken out of his room door after he had locked it; this I said before I went to bed.
Q. Did you take any notice to him, why he locked the door?
Finimore. No, I did not; I could undress myself, and get into bed; I had been fatigued to be sure in the day.
Q. Was you drunk or sober, when you awaked about four o'clock in the morning?
Finimore. I was sober; by his getting away from me, I felt something warm, but what it was I cannot say.
Q. Did you say any thing to him when you awaked?
Finimore. I said to him, Mr. Andrews, what are you doing of?
Q. What was his answer?
Finimore. He said, I am doing nothing at all, John; and immediately withdrew, and got farther from me. I got out of bed immediately.
Q. Are you sure he had penetrated into your body?
Finimore. I am sure of that. Then I sat in a chair by the bed-side. He said, John, you had better come into bed again; you can't go any where yet.
Q. Did he continue in bed?
Finimore. He did.
Q. Did you go into bed again?
Finimore. I did; by his persuasion, and being tired by the fatigue of the day.
Q. How long might you sit in the chair?
Finimore. I believe about a quarter of an hour.
Q. Did any thing happen afterwards?
Finimore. I went to sleep; and when I awaked I found him going the same way again.
Q. How long do you think you might lie before you went to sleep?
Finimore. I believe 10 minutes, or thereabouts.
Q. Did he offer any thing to you before you went to sleep?
Finimore. No, he did not.
Q. How long do you think you might be before you awaked the second time?
Finimore. I awaked between six and seven o'clock.
Q. Did he penetrate a second time?
Q. What do you mean by saying he went?
Finimore. I found him approaching my body.
Q. What did you do upon this?
Finimore. I got out of bed directly. I dressed myself, and he got up at the same time. He unlocked the door, and I went down stairs with him.
Q. Did you say any thing at all to him about it?
Finimore. No; I said nothing at all to him: then I went to my first cousin, Jonathan Finimore, the same person that had been with me over night, and I told him the same as I have now told in court. He said, John, this is a difficult thing to go through with. It being Sunday I could not do any thing in it that day, but on the Monday morning, I went and told a fellow servant of mine of it.
Q. What is his name?
Finimore. Daniel Goodwin.
Q. Did you tell him the same you have here?
Finimore. I did. We had some other persons in company with us at that time. They persuaded me to get a constable and take him up.
Q. Did you take their advice?
Finimore. I did. The constable going in, Mr. Andrews went up stairs.
Q. How long did he stay up stairs?
Finimore. I can't say how long he staid above, because I did not go in with the constable. When he came down, the constable, and them that were with me, asked him where he had been; he said he had been up to change his cloaths: but he was in the same cloaths he went up in.
Q. Did you tell him what you came about when you first went in?
Finimore. No; we did not till he came down again; then I charged the constable with him. The constable said to him, you are my prisoner. Then the constable said to him. Do not you charge the constable with him? [ By him, he meant me.] Then the prisoner said, I do. Then we went to my lord-mayor's. He was not to be spoke with that day, then we went to two aldermen's houses. They were neither of them at home; so that we could have no hearing that night. He was committed to the Compter, and I was put in to Old Bridewell.
Q. Did you receive any injury from this affair?
Finimore. I have been very bad ever since, from what he did to me that night.
Q. Have you had any surgeon to look at you?
Finimore. I have had two.
Q. In what manner have you been bad?
Finimore. I could hardly walk.
Q. Where did you find yourself hurt?
Finimore. In my fundament.
Q. How? in what manner?
Finimore. I was torn there.
Q. Was you ever before subject to any complaint in those parts?
Finimore. No, never in my life.
Q. Did the surgeon apply any thing to that part?
Finimore. No, nothing at all.
Q. During the time he was apprehended, had you any particular conversation about this matter?
Finimore. There were people with me; the prisoner said, this thing might be made up for a pint of beer. There was the constable with us, and others.
Q. Tell the words he used, and who introduced them?
Finimore. It was as we walked together going along.
Q. Why did he charge the constable with you?
Finimore. He had me apprehended, fearing I should run away from what I had said, because we could not have a hearing that night before the alderman. When we came on Monday, the 20th of April, before Sir Robert Ladbroke, there he was examined. Sir Robert said, Mr. Andrews, do you know this young man? He said, Yes, I know him very well. - What do you know of him? - I have nothing to say against him. He is as honest a lad as any in England.
Q. What did he say for himself?
Finimore. He said he was innocent. That was all he said to the alderman.
Q. Did you tell Sir Robert the case the same as now?
Finimore. I did, every word. Every word that I can think of, as I have now?
Q. How long might Jonathan Finimore stay, when he drank with you that night?
Finimore. He might stay about 10 minutes, or thereabouts.
Q. Was you and Mr. Andrews in a room by yourselves, that evening?
Finimore. No. It was in the common tap-room. We were not alone.
Q. Is Mr. Andrews a married man?
Finimore. He is.
Q. Has he any children?
Finimore. He has several.
Q. Can you say how many?
Finimore. I cannot. He has two at home that I know.
Counsel. I suppose you drank glass for glass.
Finimore. We had a pint, and drank it; and then another, and so on.
Q. Whereabouts is this bed-chamber?
Finimore. As near as I can guess, I think it is over the tap-room.
Q. How many rooms are there on the same floor?
Finimore. I really cannot say whether three or four.
Q. What family was there in the house that night?
Finimore. He had two men in the house with him.
Q. Do you know William Bear?
Finimore. No. There are two drawers. I do not know their names. I saw his two daughters.
Q. Did you see Richard Tompson, a lodger in the house?
Finimore. There was a lodger in the house.
Q. Who lay in the room next to the room where you lay?
Finimore. I can't say who lay there. There was somebody lay there.
Q. Do you know who lay in the other room?
Finimore. I do not.
Q. Did any body lie in the other two rooms?
Finimore. I can't say that any body did. As for one room, I am certain somebody lay in it; but who I cannot say.
Q. Do you mean that room next to where you lay?
Finimore. Yes; it was joining it.
Q. How do you know somebody lay in that room?
Finimore. I saw somebody in the bed in the morning after I got up, but whether a man or a woman I cannot say.
Q. Did you go through the room?
Finimore. I did not.
Q. How could you see the person then?
Finimore. It is a glass door that looks on to the stair-case.
Q. Do you mean, that you could see through the glass-door when you was in the room that you and Mr. Andrews lay in?
Finimore. No; I do not mean so.
Q. What sort of a partition was it between the two rooms?
Finimore. I can't say what sort it was. I never was up in that room in my life before. I know that side next the street was wainscotted.
Q. I should be glad to know, when you and Mr. Andrews were in bed together, in what position did you lie when asleep?
Finimore. I lay on my side, with my back towards him.
Q. Whether in a publick house it is any unusual thing for the landlord of the house to lock his bed-room door, where are a great many people backwards and forwards?
Finimore. I can't be certain of that.
Q. After you had been used as you say, how came you to go to bed to him a second time, when there were people near that you could call to?
Finimore. My being in a strange house, and he having a sister that lived in the same family where I did, I was very unwilling to make a disturbance in the house.
Q. Did not you fall into a great passion?
Finimore. I said as I have already said, Mr. Andrews what are you doing of? He said, John, nothing at all. I said, it is a thing that I have not been used to.
Q. How came it you did not call out?
Finimore. Because I was not willing to make a disturbance in the house; but as soon as I could get out, I went and told a relation of it.
Q. How came it you did not dress yourself, and go out of the house?
Finimore. The door was locked, and the key taken out, and I did not know where to find it; and all the doors were locked besides. I staid no longer than while he got up.
Q. Would it not be natural for every body used in that manner, to put their cloaths on, and wait till he got up?
Finimore. That is all that I blame myself in, for going to bed again. There I own myself in a fault, and a very great one.
Q. Can you swear any thing came from the prisoner?
Finimore. I do not pretend to swear any thing came from him in my body.
Q. Can you say there did not?
Finimore. I cannot say there did not.
Q. When you went away in the morning, what time was it?
Finimore. It was between six and seven o'clock.
Q. Did you clean and dress yourself at his house?
Finimore. I put on a clean shirt in the morning before I went away. I carried just one shirt with me to put on clean.
Q. Did you carry your dirty shirt away along with you?
Finimore. I left it there in the bar-room. This was on the Sunday morning, when I got up, between six and seven o'clock.
Q. Who was by when you put your shirt on?
Finimore. No body.
Q. Did you observe any thing upon it?
Finimore. I did not.
Q. Where is that shirt now?
Finimore. I asked for it, they said, it was not to be found. They did not know where their father had put it.
Q. When did you ask for it?
Finimore. I went and asked for it on the Tuesday, after we came from Guildhall.
Q. Had you any thing to eat or drink in the morning?
Finimore. I had a glass of gin and a crust of bread.
Q. Did not Mr. Andrews drink with you?
Finimore. No, he did not.
Q. Did not you drink to him?
Finimore. No, I did not.
Q. Did not you borrow a cane of him?
Finimore. I did; and left another in the room of it.
Q. Did not you shake hands with him before you went out of the house?
Finimore. I did; and he said, John, will you come back to dinner? I said, Mr Andrews, if I can come back, I will. He said, I have a nice pig, and a piece of beef, and some greens, to dinner; and that I have not got often.
Q. Did you acknowledge your thankfulness for his kindness and civility?
Finimore. I did, for lying there in his house, and for what I had had.
Q. Where did you go to drink together?
Finimore. We went to the Dolphin in Honey-lane market, after we had been to see for the alderman, and could have no hearing that night, and had a tankard or two of beer.
Q. Who was present?
Finimore. One Mr. Richardson, a taylor, Mr. Bateman Griffiths, a carpenter, and Mr. Leage, the constable.
Q. Any body else?
Finimore. Nobody else.
Q. Did not you there agree to make it up?
Finimore. I said I had not money to go through the law, as I had heard it would be an expensive thing, I being just come out of place; so I would make it up, on condition he would give me a note of hand under his hand, not to trouble me, for I never was before a judge or an alderman in my life before.
Q. How came you to make this offer?
Finimore. I was afraid I should lie out of place a great while upon it.
Q. Did this come of yourself, without any proposal?
Finimore. We proposed both alike.
Q. Who proposed first?
Finimore. I cannot say who did.
Counsel. Preferring a bill of indictment, and coming here, would not come to 10 s.
Finimore. That I did not know.
Q. If you had declared nothing but the truth, how could you be afraid of his troubling of you?
Finimore. I have declared nothing but the truth; I was afraid of being hurt for making of it up.
Q. Whether some person that was by did not dissucde you not to make it up, and say you had lost a great deal of time, and you should have satisfaction for it.
Finimore. The prisoner had wrote with his own hand, it is here in court; as near as I can speak the words, they were these. The 20th of April, John Finimore, and Thomas Andrews, have agreed that all is made up. Then he desired of me to write the same, which I could not write. The person that sat by said, John, what are you going to do? Do you know what you are going about? If you offer to have any thing to do with it, I'll cut your hands off.
Q. What man was that?
Finimore. That was Bateman Griffiths.
Q. Did any body persuade you to demand any satisfaction for your lost time?
Finimore. I believe somebody said you shall not make it up, he ought to pay smart-money.
Q. What answer did the prisoner make to this?
Finimore. He said he would not be imposed upon, and he would spend a hundred pounds to right himself. This was after smart-money was mentioned.
Q. Were there mutual charges?
Finimore. I charged him; then the constable said to him. Don't you charge me with him, Sir. Yes, said Andrews, I do. Then said the constable, You are my prisoner.
Q. Was the complaint for the actual fact, or an assault with intent to commit it?
Finimore. I declared the same before Sir Robert Ladbroke, as I have now.
Q. How long did you remain in Bridewell?
Finimore. I believe I was carried there between five and six in the evening, before I came to the Sitting-alderman; then he was committed, and I was discharged.
Jonathan Finimore. I am a relation to the prosecutor.
Q. Do you know Andrews the prisoner?
J. Finimore. I do. I have known him some years. On the 18th of April, about nine, I was at Mrs. Mead's, in Red-lion court, and I found my kinsman was there. He was to he at Mr. Andrews's house. We went there together to drink a pint of beer, which he said he had left upon the table. After we had drank that we had another. I went away, and left Mr. Andrews and he drinking together.
Q. How long did you stay in the house?
J. Finimore. I did not stay in the house above a quarter of an hour.
Q. How were they for liquor?
J. Finimore. They were both sober at that time, as far as I could be a judge; I desired my kinsman to come to our house the next day, to go of a message for me. He came about 10 minutes before seven in the morning.
Q. Where do you live?
J. Finimore. In Leather-lane, at the George; this was the 19th of April: the first of my seeing of him was in the tap-room.
Q. Who keeps the house?
J. Finimore. One Smith keeps it. I am coachman to Mr. Baldery, and our horses stand there. I was writing a letter for him to carry to Clapham. I asked him how he did; he said very ill. I asked him what the reason was, and said I left him very well last night. He said, after I went away, Mr. Andrews kept him up 'till about one o'clock, and that he had asked Mr. Andrews once or twice to let him go to bed; Mr. Andrews said he might as well stay till he went to bed; and when they had been in bed some time, Mr. Andrews awaked him, and he was in very great pain.
I asked what Mr. Andrews was going to do to him. He said he was ashamed to tell me. I said, Why are you ashamed? speak freely. Then he said Mr. Andrews wanted, as he imagined, to bugger him. I said, in what manner did he behave? did he bugger you? Yes, said he, he was in my body. Said I, Are you sure of that? He said, yes, he was quite sure of it. I said this is a very nice point, as it touches a man's life, you must be very particular in it. Yes, he said, he was quite sure. I said, Are you capable of going to Clapham to-day? He had said he was in great pain, that he could hardly sit. I said, What do you impute it to? He said, to what Mr. Andrews did to him. He said, the linnen that he had put on that morning, was much stained with a running matter.
Q. Did you see his linnen?
J. Finimore. I did, but not at that time; I saw it the day after, when he came from Clapham.
Q. Did he appear at that time to be in pain?
J. Finimore. He appeared to be in very great pain, he could not sit well upon his seat, and flinched several times; and said he was never used so in his life, and was surprized Mr. Andrews being a married man, should offer to attempt such a thing.
Q. Did he complain in what part his pain was?
J. Finimore. He complained it was in his fundament, and seemed extreamly uneasy: he was well the night before at Mrs. Mead's, and at Mr. Andrews's tap-room.
Q. Did you ever hear him make any complaint of any illness in those parts before?
J. Finimore. No, never in my life.
Q. WHAT time did he return from Clapham?
J. Finimore. He returned the next morning by nine o'clock, and came and delivered me a letter in answer to mine that I had sent.
Q. Did he go on foot, or on horseback?
J. Finimore. He went on foot; he lay at Clapham that night, as he told me. I asked him then how he was; he said he was extreamly bad, and he looked very faint, and appeared very much out of order; he said he was so faint, he could hardly-stand.
Q. How old is he?
J. Finimore. I suppose he is 29 years of age, but he is small in stature. I asked him if he found himself still bad in the part he mentioned. He said, yes. I said come to me at two o'clock this day, then I shall be at home, and shall ask you some questions more particular, and will find some way or other to take Mr. Andrews into custody.
Q. What day was it that you saw his shirt?
J. Finimore. That was on the 21st; there were marks upon it, and a sort of a putrified matter.
Q. On which part was the shirt marked?
J. Finimore. On the fore-part, because he had clapped that under him for casement. He went away, and never returned to me that day; but, as I found afterwards, went and told it to his fellow-servants at Mrs. Mead's. I never saw him 'till about nine in the evening, after they had taken Mr. Andrews up; and he was committed to the Poultry-Compter, and my kinsman was in Bridewell. Then his fellow-servants came to me, and desired I would go to him, and told me what had happened.
Q. Have you heard Mr. Andrews say any thing about it at any time?
J. Finimore. When he came before Sir Robert Ladbroke, he said he knew nothing of it, he was wrongfully accused; but, upon the evidence against him, Sir Robert sent him to the Poultry-compter.
Q. Was you with them at the Dolphin?
J. Finimore. No, I was not.
Q. Was it supposed to be any venereal disorder by the stains upon your kinsman's linnen?
J. Finimore. I am not a judge, here is a surgeon here.
Nathaniel Goodwin. I know John Finimore, I was a fellow-servant with him almost three years, at Mrs. Mead's in Red-lion-court; I remember on the 20th of April I went in at the White-hart in Giltspur-street; there was Mr. Richardson, who told me something of the story; then John Finimore came in, and sat as it was on half of his body. I said John, your countenance seems to be changed, what is the matter with you? He said, Coachman, I am very bad, I can neither walk nor sit; and as for eating, I can eat nothing; and what I drink, I bring up again. I said this is a thing of great consequence, tell the truth. He said, I will as well as I can.
He said he had been about to look for a place, and was drowsy and sleepy, and Mr. Andrews kept him up 'till between 12 and one, and he wanted to go to bed; but Mr. Andrews desired him to stay till he went; and when he was in bed he was very heavy, and dropped into a dead sleep; and about four o'clock he awaked with a great surprize, and found Andrews in his body. I said, John, are you sure of that? He said it was so indeed, and complained he was very full of pain, and could neither sit nor walk. He always had a fresh countenance before, but his countenance was quite changed: he pulled his shirt out, and shewed it me, and the bottom of it seemed to be quite corrupted.
Henry Jones. I am at St. Thomas's-hospital for experience.
Q. How long have you been there?
Jones. I have been there about four months.
Q. How long have you been a surgeon?
Jones. I have been six years before I came there.
Q. Do you know John Finimore?
Jones. I do, he came to me.
Jones. The last time was on Wednesday; the first time was, I believe, last Monday. He said he was very ill, and desired me to examine him; he told me the case, and said he was in a great deal of pain.
Q. How did the part appear?
Jones. It appeared to me to be lacerated; there was an appearance as if there had been violence offered.
Q. Could you form any conjecture what kind of violence?
Jones. It appeared to me to be something of that kind; but whether it was or not, I cannot say; the injury is considerable.
Q. Where is the laceration?
Jones. The edge of the rectum was lacerated just at the edge of the anus, and that part bled.
Q. Could not the parts be lacerated in that manner by a hard stool?
Jones. No, they could not.
Q. Do you think there must have been great violence used to make that laceration?
Jones. I do.
Q. Do you think that must have been with great pain?
Jones. I do think it must.
Q. With pain enough to awake a person out of his sleep?
Q. Do you not think he must awake before the laceration could be made?
Jones. That I cannot answer to, how fast a man may be asleep, the person can account best for that himself.
Q. Did you see his linnen?
Jones. No, I never did.
Q. Was there any venereal complaint?
Jones. No, there was not.
Q. to Prosecutor. Have you got your linnen here?
Prosecutor. I have here the shirt I put on the next morning in the prisoner's bar-room. [Producing a shirt.] This is it, it is as I pulled it off.
Q. How long did you wear it?
Prosecutor. I wore it 'till the Tuesday morning; then I put a clean one on, after I came from Bridewell.
[The Jury inspect it; it appears at the bottom of the fore-part of a reddish colour; the stains all in creases.]
Benedictor Goodwin. I have washed John Finimore's linnen this half year, from the 1st of December.
Q. Was any thing the matter with his linnen from the 1st of December, 'till the 18th of April.
B. Goodwin. No, nothing at all; no stain of blood, of one sort or another.
Q. When was the last you washed for him before this affair?
B. Goodwin. I washed for him the week before it happened; he used to bring them sometimes once a fortnight, sometimes three weeks.
Prisoner's Defence. I know no more of it than the child unborn. When we came before Sir Robert Ladbroke, said Sir Robert, When you was used in this terrible manner, did you say any thing to him about it? He said, I cannot say I did; I owned to every thing that was right. In the first place I told him, he came to me 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 13 days: he wanted a lodging; I told him I had never a bed empty; but as I know you (my wife happens to be in the country) you shall have half my bed and welcome.
Then he came again, and told me his lady had asked him to lie there, as he was out of place. I said, very well John. On Saturday he came again, and asked me again, saying, his mistress had not asked him a second time, and he did not chuse to ask her. Accordingly, he went out again, and about eight he came in again with his cousin Finimore: they came to the bar, and had two pints of beer; I was backwards and forwards drawing beer, and making punch.
Then his cousin went away, and he never asked me to go to bed at all. It happened to be one o'clock when we went to bed. As for the key being taken out of the door, I never took it out since I have been in the house: I double locked it, and went to bed, and never awaked till St. Sepulchre's clock struck six, and waked me. He never was out of bed, I will take my oath. Then I joggled him with my elbow, and said, John, John, it is past six o'clock. Is it? said he. Said I, you are to go to Clapham, will you breakfast? He said, no, I have promised my cousin Finimore to breakfast with him. He must be very bad indeed, if he could not walk there.
He told me himself, he got drunk there, and could not come home. He shifted himself in the bar-room. I said, will you have any thing before you go? He said, I will be very glad for a glass of your best gin; I drank to him, and gave him a full glass, and a bit of bread. Said I, do you think of coming back to dinner? He said, I have some thoughts I shall go to see your sister; I positively will come home to dinner. We shook hands, and I wished him a good walk: he thanked me, and I never set eyes on him 'till about four o'clock on the Monday; then he brought Mr. Leage to apprehend me.
My daughter told me some people wanted me in the back-parlour. Said I, Who are they? She said, John is one. There was my neighbour Leage, and two more that I did not know: they charged me with this thing. I never was more surprized in all my life? Said I, I am ashamed to hear you. Then, said I, I will charge him. If I had been afraid of it, why should I charge him, that he should not run away? If I had been guilty of that thing, I would have let him run away and welcome. It is as true as God made the world, I know no more of it than the child unborn; I will plead innocent of it to the hour of my death; it is all nothing but false-swearing, as sure as I am here.
When we came to the public house, the constable said, Let us go in, and have a pot of beer, don't let us go wrangling and jangling. There were five of us, we had some beer: the constable said, You had better have general releases drawn between you. Said John, 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. I said, What is there to make up? He said, I don't see any great matter: nor I neither, I am sure. Then I said, if you serve me so, I will have a warrant for you.
Then, said he, write a paper for the present. Said I, I don't want to hurt you, I have done no ill to you, and will not be imposed upon. They called for a bit of paper, and desired me to write; I had no spectacles about me, so I wrote only, John Finimore and Thomas Andrews have agreed all is made up. One of the other persons snatched it away, and said to him, I will cut your hands off, you shall sign nothing, we will have some smart-money. Said I, before I will agree to that, I will spend a hundred pounds. What have I done? I will not agree to any thing of that kind; I know no more of it, than the child that is unborn.
Q. to Prosecutor. You seem to speak doubtful as to emition; but you closed your evidence with saying, he penetrated your body, can you, or can you not say as to that of emition?
Prosecutor. I will not take a false oath for the world, I cannot say there was, I felt something warm.
Q. What do you mean by that, do you mean something liquidly warm?
Prosecutor. Yes, I do; I felt something wet, I am perfectly sure of that, just as he withdrew from me.
For the Prisoner.
William Pierce. I am drawer to Mr. Andrews, I remember the prosecutor coming to our house on the 18th of April, and also his laying there at night.
Q. What time did he go to bed?
Pierce. I believe between twelve and one.
Q. How many rooms are there on a floor?
Pierce. Three, Mr. Andrews and the prosecutor lay in one, and I lay in the next joining to it. The partition is a sort of wainscot, but it is very thin. I went up stairs with them, and I wish'd them a good night.
Q. What time did you get up in the morning?
Peirce. I got up between five and six in the morning, very near six.
Q. Did you hear any disturbance in the night?
Peirce. I heard nothing at all in the night.
Q. Who was up first, your master or you?
Peirce. I was up after my master. When I came down Finimore was just gone out, I saw him go by my room-door, it is a sash-door, Mr. Andrews knocked against it for me to get up.
Q. Have you ever laid with Mr. Andrews?
Peirce. I have, in his house, some time ago.
Q. How many times?
Q. How did he behave?
Peirce. The same as other people, he lay on one side the bed, and I on the other; there was a considerable ridge between us; he never offered any such thing to me. I do not live with him, but when I am out of place, then I go there; I have been there twice, about a fortnight the first time, and now about a month.
Q. How long have you known him?
Peirce. I have known about a year and a half.
Q. How came you to lie with him that time?
Peirce. I was to go on the other side of the water, to the Old Barge-house, and it rained very hard, and I could not go, they had no other beds in the house, so Mrs. Andrews lay with her daughter, and I lay in her bed along with him.
Q. How long is that ago?
Peirce. About five months ago.
Q. Has he any children?
Peirce. He has four; I think I have heard the neighbours say he has had twelve. Here is the shirt that John Finimore pulled off that morning, ( producing it) I had it of Miss Andrews.
Samuel Johnson. I am a waiter at Mr. Andrews's while I am out of place, I never was there before, I have been there five weeks.
Q. Did you ever lie with him?
Johnson. Yes once, and never but once, and that was but for four hours; I found no misbehaviour by him in any shape at all.
Q. Where was Mrs. Andrews then?
Johnson. She was at Pancras a nursing her daughter.
Q. How came you to lie with him that time?
Johnson. I lay in the garret at other times, and I lay with him that he might call me up at five, to help open the house. I went to bed at one, and got up at five.
Sarah Andrews. I am daughter to the prisoner, I saw John Finimore at our house on the 18th of April, he was drinking with my father; and on the 19th I came down just after he went out, he left this shirt, here produced, which he had pulled off, in the bar, on the Sunday morning; he asked for the shirt when he came for his cloaths, I think on the Wednesday; it is in the same condition now as it was then.
(The Jury inspect it, there were no stains upon it.)
Prosecutor. This is my shirt, which I pulled off at Mr. Andrews's house.
Q. to Sarah Andrews. How long has your father been married?
S. Andrews. He has been married twenty-five or twenty-six years, for what I know.
Q. How many children has your mother had?
S. Andrews. She has been twelve times with child, there are four now living.
Q. When the prisoner came for his shirt, how came it not to be delivered to him?
S. Andrews. I was desired by my father not to deliver it to him, this was after my father was accused. I suppose he was advised not to deliver it.
James Leage. I am the constable, I went with the prosecutor, Mr. Andrews, and others, to a publick-house, in Honey-lane market; there they were as great as two whores, and wanted to make it up, they seemed to be very friendly; yes, they seemed as great as two whores.
Q. Have you been drinking this morning?
Leage. They both drank together.
Q. Have you been drinking?
Leage. They were together friendly, but I thought I could not be safe without carrying them before a magistrate.
Q. I ask you the question, have you been drinking?
Leage. No, not yet.
Q. Do you remember any talk about smart-money?
Leage. No, I do not; they were talking one was not to twit the other in the teeth with it, and the other was not to tell the other of it; they were both angry with me because I would not let them go home.
Q. to Prosecutor. How came it you was so long before you applied to a surgeon?
Prosecutor. We were before Sir Robert Ladbroke on the Tuesday; we went to Mr. Blagden, a surgeon on Snow-hill, he was not at home; we went again the next morning, and I shewed myself to him. He said, Young man, there is a sort of a pile, or some such thing.
Q. How came you to go to Mr. Jones?
Prosecutor. I went there as Mr. Blagden did not give me any encouragement, to tell me what it was; I thought proper to go to some other person, so I was recommended to Mr. Jones.
The Court thought proper to send for Mr. Blagden. He is sworn.
Q. to Mr. Blagden. Was the prosecutor under your inspection?
Blagden. He came to me with some other person, and said he had received an injury from somebody; and desired I would look at him.
Q. When was this?
Blagden. It may be about a week or ten days ago, really I cannot recollect it, it may be longer, I took no manner of notice of it.
Q. Did he complain of what kind of injury?
Blagden. He told me he lay with somebody that had entered his body, and had hurt him. I inspected him, and told him I could see no injury; there was a little excavation of the flesh, what I apprehended to be the effect of a pile, on the left-side of the fundament.
Q. Was there a laceration?
Blagden. No, there was not.
Q. Can you say there was none?
Blagden. I can.
Q. Did you see him afterwards?
Blagden. No. I gave him the same account as I have now told here.
Q. to Jones. Now, in the hearing of Mr. Blagden, describe what you observed.
Jones. I opened the anus, the part was lacerated, there was blood, and also there was blood by the friction.
Q. Were there any signs of his having the piles?
Jones. There were; that was on the right-side, the excavation was on the left.
Blagden. If the court will please to let us take the prosecutor out and examine him, I can convince the young gentleman there was no laceration.
Prosecutor. I am willing to be inspected.
They retire into a private room, and in about 12 minutes return into court.
Q. to Blagden. Have you had an inspection?
Blagden. We have. I see no marks of laceration; there has been an excavation, which is different from a laceration. I am still of the same opinion as before. The excavation on the buttock arises oftentimes by walking in warm weather, by one buttock rubbing against the other. When any thing is introduced into the body, the part that is mostly injured is the sphincter muscle, because it prevents the excrement in coming away.
Q. to Jones. What do you think now?
Jones. There has been an excavation.
Q. Was not you mistaken?
Jones. There was some blood appeared.
Q. Are you now as confident there was a laceration?
Jones. The man is surprizingly mended since I examined him; to the best of my knowledge there was a laceration.
Q. to Blagden. If the body had been entered by a man, must you have perceived it when you examined him on the Wednesday?
Blagden. No, I cannot say positively I could, because it may be observed there will be excrement come away from the gut, almost as big as my arm, very large and hard, and the party receive no injury; as may sometimes be seen by countrymen.
[Verdict: Guilty - Punishment: Death]