14th July 1802
James Fox, Henry Proby
Sexual Offences - sodomy
518. JAMES FOX and HENRY PROBY were indicted, the first, for that he, not having the fear of God before his eyes, but being moved and seduced by the instigation of the Devil, upon Henry Proby, wickedly and feloniously did make an assault, and that he diabolically, and against the order of nature, had a venereal affair with the said Henry, and then and there did carnally know him, and did perpetrate that abominable and detestable crime, called sodomy; and the other, for feloniously, wickedly, and diabolically consenting with the said James Fox, and permitting the said James carnally to know him, and commit the said detestable and abominable crime, called sodomy.
Mr. Const, on the part of the prosecution, stated, that evidence had been given against the prisoners to induce a Grand Jury to find a true bill; but, feeling he had not sufficient evidence to convict them of a capital crime, he declined offering any, and requested they might be detained to take their trials for a misdemeanor, which they accordingly were.
[Verdict: Both Not Guilty]
Second Middlesex Jury, before Mr. Recorder.
