It has been observed by a learned Judge, that the proof of this crime ought to be the more clear, as it is the more detestable; that it ought to be strictly and impartially proved, and then as strictly and impartially punished. It is an offence, like that of rape, easily charged, but very difficult to be disproved;—the accusation should, therefore, be clearly and incontestibly made out; for if false, it deserves a punishment inferior only to that of the crime itself: and Sir M. Hale relates two very extraordinary cases of malicious prosecutions for rape, that happened within his own observation, and concludes thus; “I mention these instances, that we may be more cautious upon trials of offences of this nature, wherein the court and jury may with so much ease be imposed upon, without great care and vigilance; the heinousness of the offence many times transporting the judge and jury with so much indignation, that they are over-hastily carried to the conviction of the person accused thereof, by the confident testimony of sometimes false and malicious witnesses.” I am led to the adoption of these observations of the learned Judge, by a perusal of the evidence given at the Old Bailey on the trial of Hepburn and White, before mentioned.—With respect to the abominable practices which several others were convicted of, there can be no doubt but that Hepburn and White participated in the extent of their guilt; but I am by no means satisfied with the proof of the _capital part_ for which they suffered, upon the evidence of James Mann, a Drummer, who himself was a _particeps crimines_: the notoriety of these wretches’ propensities in many other instances, perhaps, paved the way for the more ready admission of the witnesses testimony; but if that evidence had been stripped of the auxiliary accusations, it would most certainly have been received with a doubt sufficiently cogent to have acquitted them:—there are some inconsistencies in the evidence, and some cause for malignant motives in giving it; however, I have merely observed upon this case that no degree of abhorrence attached to the crime ought to interfere with the cool judgment of a jury;—who, I dare say, were satisfied with their verdict: but we have had so many instances of capital punishments resulting from uncontrolable indignation, created by the heinousness of offences, that in my mind the conviction of men charged with atrocious crimes, does not always arise from the inevitable proofs of their guilt. In this place it may be necessary to make a few observations upon the cases of several persons who have suffered death, transportation, and other punishments, upon accusations of extorting, or attempting to extort, money, under a threat of accusing the parties of Sodomitical practices; and as some have suffered death within these few years, upon convictions of this nature, I enquired of Cook, if he knew, or ever heard of any attack of that kind