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Old Bailey Proceedings - Trial Accounts
London's Central Criminal Court

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21st October 1761

William Bailey

Sexual Offences - sodomy divider

318. (L.) William Bailey, was indicted, for that Robert Stimpson, not taken, unlawfully and wickedly did lay hands on the prisoner Bailey, in order to commit the detestable crime of sodomy; and that he, the said Bailey, was consenting and yielding to the said Stimpson, in order for him to commit the said detestable crime. ++

Giles Cooper. I keep a house in Ball alley, Lombard-street.

Q. What are you?

Cooper. I am a butcher, my shop is in Leaden-hall-market: as I come home from Leadenhall-market, I come thro' the Cross-keys inn , there is a very dark passage, I have frequently run against men there, and I never could tell the reason of it.

Q. How often have you run against men there?

Cooper. Twenty different times I am sure On the 28th of July I ran against a couple of men there, which I thought stood still; I took hold of one of them by the neck, and drove him before me, till he went out into the alley, close to the fencing-school, where is a lamp over the door; he had a flapt hat on; there I stopt him; I looked under his hat, and said, What the D--- I do you stand lurking about here for?

They passed by me into the alley; I turned my head over my shoulder, and saw them stop at the passage, which is very narrow; then I went, and rang at my own door, and was there about a couple of minutes before I was let in; while I was standing at my own door, I thought I heard those two men in the passage again; I heard them whisper; I went into my house, and shut the door after me, but did not fasten it: my man was just going to bed; I said, Do not go to bed John, follow me down; I took the candle in my hand, and said to him, I believe there are a couple of very bad fellows in the alley.

I hid the candle with my fingers, and jumped across the way into this dark passage, that goes into the Cross-keys-inn; there I saw two bad men, in a very indecent posture: my man followed me down close behind me.

Q. Who were the two men?

Cooper. They were the prisoner and a footman, named Stimpson, there is a yard-door opens in the passage; the prisoner leantdown behind that door, his breeches were down, with his back towards the footman, and the footman's breeches down, very near together; the footman had hold of him.

I laid hold of the prisoner immediately, and my man the other. The footman said, I think, he lived at Mr. Page's in Queen-street, I saw both their private parts: I said, John, hold him, while I well drub this; I never designed to do any otherwise, if my neighbours had not perswaded me to it: they made no resistance in the world, but begg'd and pray'd I would let them go, for it would be the ruin of them; they were both taken to the watch-house; the prisoner said he knew a gentleman in Grace-church-street, that would see him forth-coming the next day before my lord mayor: then the man in livery said, Why should you be so hard upon me, to consine me, and not him, who was more to blame than I was?

The people perswaded me to have him committed: they were the next day brought to Guildhall, and examined before Sir Robert Ladbroke : they made no defence at all, no otherwise than this, which is a very trisling excuse; the man in livery seemed to give an account that he was going to the Post-office, and was going home, and obliged to go thro' that passage, and he lived in Queen-street: the prisoner said he lived in Bishopsgate-street, and going thro' the Cross-keys inn, he told the clock eleven; and while he was telling the clock, he saw me lay hold of the other young man, as he was making water; but that was not so, for I laid hold of him, and my man laid hold of the footman: the Post-office was shut up at that time.

Cross Examination.

Q. Is this passage a thorough-fare?

Cooper. It is, and very likely known to all here.

Q. How long have you lived in that place?

Cooper. I have lived there going on better than half a year.

Q. Where have you carried on business before?

Cooper. I lived in Leadenhall market. all my life time. I now live within 100 yards of the place where I served my time.

Q. Did you see them touch one another at all?

Cooper. I did, I saw them extreamly close together; and the footman's hands were upon this man. I never shall vary from the truth, cross examine me a thousand times; I have no reward, but a great deal of trouble in bringing such villains as these to justice.

Q. Have you brought many such as these to justice?

Cooper. I never attempted to detect any man living before.

Q. Did you never ask the constable whether you could make this matter up with the prisoner?

Cooper. No. never in my life.

Q. Did you ever see the prisoner before?

Cooper. No, not to my knowledge; I saw the footman the week before, in a laced hat.

John Leek. I am servant to Mr. Cooper. On the 28th of July, about 11 at night, I had just eat my supper, and was going to bed. I heard a ringing at the door; who should come in, but my master. He staid a little while, and said, John, follow me; here is a couple of very bad fellows I believe, in the passage.

He took a candle, and held it in one hand, with the other over it; he pushed into the passage, and I followed him immediately; he lifted his hand from the candle, there was the prisoner at the bar, with his y--d drawn, and the other withdrawn a little, with his back against the wall, pulling up his breeches; I did not see the other's y--d, my master had got hold of him; the prisoner's back was towards the other man, and my master was before me. I secured the other man with his breeches down, I let him put up his breeches; he said, For God's sake, let me go young man, it will be the ruin of me.

Q. What said the prisoner?

Leek. I know not what he said, for my master had got him, and was going to lick him; but I said, I will not touch mine at all.

Q. Whose back was against the wall?

Leek. Stimson's back was, he had withdrawn a little, and was putting up his breeches, both their breeches were down. at first coming to them, my master said, He was willing to let them go, if any-body would pass their word, they should be forth-coming, to go before the alderman to-morrow.

The prisoner said, He had got a friend at Mr. Rigby's Manchester-warehouse, which would see him forth-coming; his name I think was Clifton. I went for him, and he came; he said, The prisoner was no such person; then my master was advised to commit them. Then Stimpson said, Why will you be so hard upon me, to let him go, when he is more in fault than I be.

Cross Examination.

Q. At the time you and your master went out of the house, what posture was the prisoner in?

Leek. My master had got him by the collar.

Q. Where was Stimpson?

Leek. He was with-drawn, about as far as from here to the wall; (pointing to a place about four yards distance.)

Q. Will you say you saw the prisoner's y--d?

Leek. That I will take my sacrament of.

John Mansfield. I am a watchman, I saw the prisoner, and the other man, after they were brought in; Cooper said, he brought them there for sodomy, and that before their faces.

Q. What answers did they give to that?

Mansfield. They pretended they were not guilty; they said, They were not in the action.

Q. Which of them said so?

Mansfield. I do not know which of them it was.

Stephen Dreseal. I am a watchman; when they were brought into the watchhouse, one of them sent for a friend to talk in his behalf; the gentleman came and offered 10 guineas for his appearance the next morning.

Q. Which of them was that?

Dreseal. That was the man not in livery.

David Wilson. I living at the corner of this yard, heard a noise; I ran to see what was the matter, I was told they had catched two men in the act of sodomy, or something of that kind. I said, I was very glad of it, for I had heard of people being catch'd in that alley before.

Q. What sort of a noise did you hear?

Wilson. It was a bustling, confused noise; I saw they had hold of the men, but I do not know that the prisoner was one of them; the men begg'd for God's sake they would not take them away, for it would be the ruin of them.

Q. which of them begg'd, as you have said?

Wilson. I do not know which of them; when they came to the watch-house, they made use of words to the same purport; I believe the prosecutor would have let them go, if it had not been for me; the prosecutor seemed to be in a great fluster, and was sadly affrighted, and said, It would bring him into trouble.

Cross Examination.

Q. Do you know any thing of the matter of fact, or posture they were in?

Wilson. No, - I do not.

The prisoner said nothing in his defence, but called the following witnesses.

William Pool. I have known Gyles Cooper 12 or 14 years ago, I am a porter, he always lived at Leadenhall-market. About a fortnight before he charg'd this man, as I attend the waggons that come out of the country, which do not come in till about 10 o'clock, a man said, Come, I will go with you, to help you pull out the packs; we went, my wife was along with us; I bid her go into the publick-house, and I went behind the pump. in Leadenhall-market, and Samuel Sweeper, the other man, sat upon some leather;

I went to ease myself, and just as I was putting up my breeches, the prisoner came with a stinking leg of ham in his hand, he said, Halloo, halloo, halloo, he looked in my face, and said, I was informed there were two sodomites here? Said I What do you mean by that, all the world that knows me, knows I love a woman too well, to be a sodomite; this was in the public leather-market, about 10 at night.

Court. And for that filthy behaviour of yours, in a public market-place in this city, you ought to be punished.

Samuel Sweeper. I went to help Mr. Pool unload a waggon, and after we had done, who should come up, but Gyles Cooper, out of the market, my master went to ease himself behind the pump. Mr. Pool said, What are there two sodomites here? When he saw it was Mr. Cooper, he said, I ask your pardon Mr. Cooper, and said, He was told there were such. Mr. Cooper asked him, who were his authors, he would not tell him. If he had not known Mr. Pool, doubtless he might have knocked us both on the head.

Q. When was this?

Sweeper. To the best of my remembrance, it was the 13th of July, at about 10 o'clock at night.

Jelse Lamb. I have known Gyles Cooper, about 12 years, or better; I was coming home one night from the other end of the town, I saw him stop a man and a woman, and detain them some time, and ask them where they were going; and said, What business have you here? I am constable of the night, and I will take you both to the Compter. I stood behind him some time, and heard him talk to them; he took the woman by the arm; I said, Who is that Cooper? He turned round, and said, Yes. I said, What are you doing here? Only a bit of fun, said he.

Q. What is his character among people acquainted with him?

Lamb. It is but a very indifferent character.

Q. Where do you live?

Lamb. I keep a house in Leadenhall-market, I am a butcher, and Green-grocer.

Q. Have you or any of your friends had any quarrel with him?

Lamb. No.

Q. Has he such a character in the world, that you believe he would take a false oath?

Lamb. I know he will say, and do things that are not right; it is hard speaking against a man's oath.

Q. Would you believe him upon his oath?

Lamb. No, I would not; and that from the badness of his character.

Q. Do you know his man?

Lamb. I know very little of him, I never had any conversation with him.

Q. Do you know any thing of these fellows, that make such dunghills in your market?

Lamb. No, I never take notice of them; I have a necessary very near me?

John Rigby. The prisoner was my servant till July last.

Q. Where do you live?

Rigby. I live in Grace-church-street, he has lived with me six years three quarters; during that time, I never discovered any unnatural inclinations in him; if I had, I should not have kept him in my house; he always behaved well, and is a very sober fellow. I discharged him on the 11th of July last, I do not know that he has been in any service since. I have no sort of suspicion, he was any ways addicted to this vice; all my servants that lived with him, are here to be examined on his behalf

Thomas Clifton. I am head warehouse-man to Mr. Rigby, I have known the prisoner ever since he lived at our house; during which time he behaved himself extremely well; I had no manner of suspicion of him of this kind, he was always amongst the women, when he had any time. I never saw any circumstances, that shewed him inclined to any unnatural vice; I was the person that offered 10 £. or 10 guineas, for his forth-coming, and was before the sitting alderman with him. I remember Mr. Cooper owned he had been in trouble, under misforfortunes; and said, He did not bear the best of characters. There was another person, that offered that sum first, and I afterwards, for his appearing the next morning.

Q. to Leek. Did you go for this evidence?

Leek. I did; my master said to him, Will you give your word for this man's forth-coming tomorrow. Then he began to make some quibbles, and said, The man was not guilty of the fact. Then some people, that were in the watch-house, said, Mr. Cooper, charge him, and then you will be safe.

John Lewis. I have been in Mr. Rigby's service, ever since the prisoner was there; during that time, he behaved as a man that loved women's company. I never saw any thing like any unnatural inclination by him; he seemed to never be easy, but when he was in women's company.

Samuel Bevar. I have known the prisoner four years, I never heard any thing, but what was very good of him; I never look'd upon him in any suspicious way, for having unnatural vices. I look upon him to have a natural passion for women, and none for his own sex. Mr. Cooper's man came to me, about half an hour past 11 o'clock; the asked for Mr. Clifton, I told him he was gone home; I went with him, fearing he should not find out the bell, to call him down; this was on the 28th of July. I went with him to the watch house; in our way there, he told me they had detected one of Mr. Rigby's men, in a very unseemly manner.

When I came there, I saw the prisoner; Mr. Cooper very readily knew me; he asked me if I knew Mr. Clifton, I said, I did; upon that, he was for letting the prisoner go, upon his passing his word for his appearing before my lord-mayor, on the morrow; there was a thinish man came up to Mr. Cooper, and said, You will come to no harm by giving charge. I then offered 10 £. for his appearance on the morrow, before my lord-mayor; there was not a word said, but immediately they were hurried out of the watch-house, and away they went; for my part, I had no fear of his appearing.

John Lee. I have known him seven years, I have been in company with him often, I thought him a great admirer of women; I never apprehended him any way inclined to any filthy vice with his own sex. I never was so much surprized in all my life, as when I heard of this; I wished it was in my power to do him service, for I was sure he was innocent of it. I was before Sir Robert Landbroke , who asked Cooper several particular questions. Cooper said he did not chuse to say any more, because he would not have the man suffer upon his account; because the world had been very severe upon him, that he had been in trouble, and did not care to ingage in any more.

Rebecca Timmings. I have known the prisoner nine years, I lived in Mr. Rigby's house all the time he did, he has an extraordinary character, he seemed to have the best regard for women that ever I saw; that decent behaviour to young women in the family, and others that he was acquainted with, I never saw he had any tendency towards his own sex; no, far from it.

Ann Redford. I have known the prisoner be. than two years; during that time, he seemed to be a young man that had a great respect for young women, I never saw to the contrary; he never took any delight, but when with the women whenever he had any time, he never went out, but some of them went with him. I never can, or shall believe he is guilty of the crime laid to his charge; I lived fellow-servant with him in the house.

Martha Trimmings, I have known him between eight and nine years, he always seemed to be a person that had an affection for women, he never liked to spend an evening without women along with him. He never behaved with any effeminacy, that shewed him to have a liking to his own sex; I spent the evening with him, that very night, before he was accused with this.

Elizabeth Newman. I have known him nine years, I lived servant with him at Mr. Vandival's at Greenwich, he bears an extream good character, in every action in life, his character will bear the strictest examination; he behaved always extreamly well, in regards to women; he would be the last person I should have thought guilty of what he is charged with.

Mr. Molbey. I have known the prisoner ever since he lived in my brother Rigbey's service; I never heard but he bore a good character, I never observed any tendency in him to any unnatural vice.

Mary Jones. I have known him between 10 and 11 years, I never heard any ill of him; it is my opinion he loves the company of women a thousand times more than men I never heard a mouth opened against him in my life.

John Dyer. I have known the prisoner four or five years, I never heard any thing of this kind in my life.

Edward Lee. I lived with Mr. Molbey, I have known the prisoner almost five years, he called upon me the 28th of July, and told me he had got a place, to live in Crutched Fryers, he came between eight and nine, and I parted with him a few minutes before 11, he lodg'd at Mr. Rigby's, this was in his way home. I never observed, he had any inclination towards his own sex, I believe he has a regard for women. I have travelled with him, and laid with him, and never knew him guilty of an indecent action in my life; he always behaved as a man ought to do.

Elizabeth Lee. I am sister to a young woman that has been examined, I have known him about seven years, he lived with Mr. Molbey, he always behaved as one that had an affection to women, so far as I was able to judge.

John Pinkney. I have known him between six and seven years, he behaved as a man that had a regard for women, I always looked upon him as such. I have known him frequently in women's company, when he might have been out of it; he has went a dancing with them, I never in the least suspected him guilty of any indecencies with his own sex.

Thomas Brown. I have known him about six years, I never saw, or knew any thing by him, tending to this kind he is now charged with; I have seen him with his fellow-servants, the woman; his general character was good, as far as ever I heard.

Elisha Ward. I know Gyles Cooper, he has a bad character, he used me ill.

Q. Would you believe him upon his oath?

Ward. Upon my oath I would not?

William Turton. I have not known the prisoner a great while, but I have laid with him; he never offered any indecency to me, nor do I think him capable of it. I have taken a great deal of pains to inquire into his character, it is a good one, and the prosecutor Cooper has a very bad one, I have reason to believe he would take a false oath, I really would not take his oath for a pin, on any account, in any thing he says.

Q. Where do you live?

Turton. I live almost by the Asylum.

Q. Did you ever hear he forswore himself?

Turton. No.

John Shackle. I have known the prisoner between six and seven years; during that time, his character has been very good, and upright. I never looked upon him, that he would be guilty of indecencies with his own sex, quite the reverse.

To Cooper's Character.

Thomas Curtise. I am a barber and perriwig-maker, and live in Grocers-alley. I have known Cooper a great many years, the best part of 20. I never heard he had a bad character, or that he behaved amiss. I have laid out a great many pounds with him, he always behaved like a very honest worthy tradesman; to be sure he has had misfortunes in trade, I never heard he behaved amiss, he did know that I was in court.

William Hickling. I have known Cooper 10 years and longer, I have had dealings with him, and never found him any otherwise than just. He is reckoned an honest man, and I belive him to be a very honest man.

Q. Do you think he would forswear himself, in order to charge an innocent men?

Hickling. I do not think he would be guilty of such a thing.

Mr. Atkins. I have arrested Cooper, and taken his word afterwards, and he always took care to make an end of things; he has been at my house more than one, two, or three days, and I have had some worth about me, and I never missed any thing.

Q. Is it customary to take people's words, after you have arrested them?

Atkins. It is, he never gave me no other security than his word; he has said, I will bring such a person, and we will come and make an end of it, and so he has. If I thought he was a bad man, I would not have taken his word.

Q. I suppose he was a man that could not leave his business.

Atkins. He might lock himself up, and six me with the debt. I have this opinion of him, that was I to arrest him for five or 10 £. he would come and pay me.

Q. Do not you know he has been cleared by the Compulsive Clause?

Atkins. Yes, I do.

Guilty.

[Punishment: pillory; imprisonment at newgate; fine]

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