If there was the
slightest doubt as to the facts, even though the balance of evidence was
against the accused, he was usually acquitted, and the man who could bring
witnesses to his general good character might often thereby escape. In
1721 a religious young man, married, was convicted of attempting sodomy
with two young men he slept with; he was fined, placed in the pillory and
imprisoned for two months. Next year a man was acquitted on a similar
charge, and another man, of decent aspect, although the evidence indicated
that he might have been guilty of sodomy, was only convicted of attempt,
and sentenced to fine, pillory, and two years' imprisonment. In 1723,
again, a schoolmaster was acquitted, on account of his good reputation, of
the charge of attempt on a boy of 15, his pupil, though the evidence
seemed decidedly against him. In 1730 a man was sentenced to death for
sodomy effected on his young apprentice; this was a bad case and the
surgeon's evidence indicated laceration of the perineum. Homosexuality of
all kinds flourished, it will be seen, notwithstanding the fearless yet
fair application of a very severe law.
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