5, 6. 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.
The Information and Confession of John Berry of St. Olave's-street, Southwark.
''Who faith, 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. 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.
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.
[Verdict: Guilty - Punishment: Death]