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| − | Annotated list of 105 published case reports including the terms terms "crime against nature", "buggery", and "sodomy". These are cases appealed to and decided during the nineteenth century by the high courts of twenty-five American states (or districts or territories), or by federal courts, and sumarized in brief, published reports. The cases are listedhere alphabetically by name of case. Retrieved via LEXIS and Westlaw searches which, in numbers of instances, provide different dates for the cases listed.<ref>Reproduced from Jonathan Ned Katz, ''Love Stories: Sex Between Men Before Homosexuality'' (Chicago: University of Chicago Press, 2005), Chapter 5, "Abominable and Detestable Crimes," pages 402-406. See also 390, 391, 402-406.</ref>
| + | =OutHistory.org Legal Research Project= |
| − | __notoc__
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| − | =See also: [[Timeline: Published U.S. State Appeals Case Reports, 1800-1899]]=
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| | + | This website has enlisted a group of Harvard law librarians in a project to copy and place on OutHistory.org the published reports and the original records of all the 19th-century U.S. legal cases (about 150) that include the terms “buggery,” “crime against nature,” or “sodomy.” |
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| − | =Research Request=
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| − | OutHistory.org is initiating a nationwide effort by researchers to retrieve and publish on this site the original legal records of the cases sited. In two cases OutHistory.org has established that such records exist (see Davis v. State and State v. Campbell). In the case of early, handwritten records, transcriptions will be valuable. Please inform OutHistory.org if you volunteer to retrieve any of these original legal records so that others do not duplicate your efforts. When known, state names have been added at the end of each entry to facilitate searchers.
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| | + | The Project was conceived by Jonathan Ned Katz, the Co-Director of OutHistory.org, who approached William B. Rubenstein, Professor of Law, Harvard Law School, for assistance. Rubenstein enlisted several Harvard law librarians in this ambitious reclamation project. The librarians' recent database searches have already revealed about 45 additional cases mentioning buggery, crime against nature, and sodomy that had not shown up in Katz's earlier research. |
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| − | =Bibliography: Published U.S. State Appeals Case Reports, 1800-1899=
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| | + | Katz believes that "the original legal records in these cases will certainly reveal fascinating new details about U.S. social life and legal history in the 19th Century.” |
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| − | Ausman v. Veal, 10 IN 355; 71 Am. Dec. 331 (1858, Jun 2) (slander; charging "bestiality;' "crime against nature," woman with dog, sex unspecified).
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| | + | An example is the published report, brief and abbreviated, of an 1897 Texas case. It involved a libel charge against the pro-African American publishers of a statement that Irish conductors employed by a Galveston street car company, who discriminated against “colored ladies,” were “the descendants of Oscar Wilde [meaning that they commit the crime of sodomy]” – the bracketed explanation is in the published report. The libel was affirmed by the appeals court. The brief published account and other documents relating to this case are reproduced or cited on OutHistory.org at [[W. L. Jones v. The State (Texas): November 24, 1897]]. |
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| − | Benedict v. People, 23 CO 126; 46 P. 637 (1896, Sep 21 [WESTLAW]; Sep [LEXIS]) ("crime against nature," unspecified). Colorado.
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| − | Bergemann v. Backer, 157 U.S. 655; 15 S. Ct. 727 (U.S. Supreme Court; 1895, Apr 1) (murder; cites section of New Jersey Crimes Act that murder "committed in perpetrating, or attempting to perpetrate, any arson, rape, sodomy, robbery or burglary, shall be deemed murder of the first degree"). United States.
| + | “That case touched tellingly on race, class, sexuality, and gender as indicated in the brief published report," says Katz, “and the original legal records, and any newspaper accounts and other documents about it will, I’m convinced, provide additional intriguing details about what was going on.” |
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| − | Bishop v. Florida, 41 FL 522; 26 So. 703 (1899, Jun 15) (cites FL law: "Persons ... convicted in any court in this State of murder, perjury, piracy, forgery, larceny, robbery, arson, sodomy or buggery shall not be competent witnesses"). Florida.
| + | One startling document referring to this case has already been discovered and is reprinted on OutHistory.org at: [[William Cowper Brann: "The Complete Works", 1898]]. It contains extremely derogatory language about and threats against the African Americans said to have committed the libel. |
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| − | Bradford v. State, 104 AL 68; 53 Am. St. Rep. 24 (1894, Aug 9) ("crime against nature," man with cow). Alabama.
| + | The former Coordinator of OutHistory.org, Lauren Gutterman, added: “We at OutHistory.org are asking LGBTQ community members and their friends nation-wide to help retrieve the forgotten documents that reveal the hidden LGBTQ past. The non-profit, educational OutHistory.org is appealing for volunteers to help with this research,” she added, “it’s a new, web-based form of participatory history making.” |
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| − | Bresnan v. State, 43 S.W. 111 (TX; 1897, Dec 1) ("sodomy" unspecified, man with man). Texas.
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| | + | The Legal History Project involves, first, online research to find and copy the old published reports of these cases. The original publications are in the public domain. An example is the case already cited: [[W. L. Jones v. The State (Texas): November 24, 1897]] |
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| − | Brown v. New Jersey, 62 N.J.L. 666; 42 A. 811, 1899, Mar 6 [WESTLAW]; May 6 [LEXIS]) (murder; cites NJ law "that every person indicted for treason, murder or other crimes punishable with death, or for misprision of treason, manslaughter, sodomy, rape, arson, burglary, robbery, or forgery," was allowed to challenge peremptorily twenty jurors). New Jersey.
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| | + | Second, the Project involves research in the archives of many states or territories, including: Alabama, California, Colorado, Connecticut, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Louisiana, Maryland, Massachusetts, Michigan, Missouri, Montana, New Jersey, New York, Ohio, North Carolina, Pennsylvania, Texas, Vermont, Virginia, and Washington, and in the archives of the U.S. Supreme Court. |
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| − | Cleveland v. Detweiler, 18 IA 299 (1865, Apr 10) (slander, charging "sodomy;' woman with dog, sex unspecified). Iowa.
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| | + | "The original legal records in at least some of these 19th century cases do exist," says Katz, as indicated by his earlier success in locating these document in two cases, the earliest, in Maryland in 1810 (Davis v. State), and a case in Texas, in 1867 (State v. Campbell). Katz found those original court records in the Texas State Archives, Austin, and the Maryland State Archives, Annapolis. The original records will be added to OutHistory.org. |
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| − | Coburn v. Harwood, 12 Am. Dec. 37; Minor 93 (AL; 1822, Dec) (slander; words charging crime against nature, unspecified). Alabama.
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| | + | Researchers will need to discover which archive holds each state's or territory's legal case appeals records or lower court rulings, send for copies, receive the copy, and upload it to OutHistory.org. In some cases, handwritten early legal records will need to be transcribed. Katz says that OutHistory.org will reimburse the researchers for the cost of copies if necessary. |
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| − | Collins v. State, 73 GA 76 (1884) ("bestiality," unspecified). Georgia.
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| | + | Third, the Project involves research in old newspapers and secondary sources to see if any relevant additional information about the cases or the accuser, accused, prosecutor, attorneys, or judges can be found. "The public can help with that research," suggested Katz who can be contacted at the OutHistory.org email address: jnk123@mac.com. |
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| − | Commonwealth v. Dill, 160 MA 536, 36 N.E. 472 (Sup. Jd. Ct. 1894) (1894, Feb 28) ("sodomy," "crime against nature," "unnatural and lascivious act," unspecified; man with "another person," sex unspecified). Massachusets.
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| | + | A chronological, annotated timeline of all the 19th century cases that mention "buggery," "crime against nature," or "sodomy" appear with the case citations on OutHistory.org at: |
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| − | Commonwealth v. J., 21 PA Co. Ct. 625 (1899, Jan 16) (attempted "buggery" with young cow). Pennsylvania.
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| | + | =[[Timeline: Published U.S. State Appeals Case Reports, 1800-1899]]= |
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| − | Commonwealth v. Randolph, 146 PA 83; 23 A. 388 (1892, Jan 4) (murder case referring to English decision "that to solicit or make overtures to another to commit sodomy was a crime; but to threaten to accuse another of having made such overtures, was not a threat to charge him with having committed the crime of sodomy"). Pennsylvania.
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| − | | + | Origin date: November 10, 2010 |
| − | Commonwealth v. Snow, 111 MA 411 (1873, Jan) ("sodomy," man with boy [implicitly], age unspecified). Massachusets.
| + | Last revision: June 18, 2013. |
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| − | Commonwealth v. Thomas, 1 VA Cases 307 (Gen. Ct.) (1812, Jun 16) ("buggery," man with mare). Virginia.
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| − | Cross v. State, 17 TX App. 476 (1885, Jan 31) ("sodomy," "crime against nature," "carnal connection," man with mare). Texas.
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| − | Darling v. State, 47 S.W 1005 (TX, 1898, Nov 30) ("sodomy;' unspecified). Texas.
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| − | Davis v. Brown, 27 OH St. 326 (1875, Dec) (slander, charging "crime against nature;' "sodomy," man with unspecified beast). Ohio.
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| − | Davis v. State, 3 Har. & J. 154; 3 MD Rep 154 (1810) (attempted "sodomy;' "buggery;' man with male "youth," 19). Maryland. The original legal records in this case are available in the state's legal archive: see William S. Davis, Court of Appeals (Judgments, Western Shore). William S. Davis v. State of Maryland, 1806-1810, nos. 267 and 268, MdHR 683-122, 1-62-8-32 (19 pages). Maryland State Archives, Annapolis. Also see: William S. Davis. MSA no. C183, Baltimore County Court of Oyer and Terminer and Gaol Delivery (Docket and Minutes), William S. Davis September 22, October 3, Octaober 9, 1810, Minutes, MdHR 16654, 3-29 (4 pages). Copies in the papers of Jonathan Ned Katz, New York Public Library, Rare Books and Manuscripts Division.
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| − | Davis v. State, 37 TX Crim. Rep. 47 (1897, Jan 21) (robbery by threatening illegal act; notes: "In England, and perhaps in this country, in the absence of statute, a threatening charge of sodomy [unspecified] is the only threat of prosecution for a crime from which can be inferred the fear necessary to constitute the crime of robbery"). Texas.
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| − | Dial v. Holter, 6 OH St. 228 (1856, Dec) (slander, libel; reference to "sodomy," unspecified, as charge involving "great moral turpitude"). Ohio.
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| − | Edgar v. McCutcheon, 9 MO 768 (1846, Jan) (slander, charging man's "carnal knowledge" of mare, using word "fuck"). Missouri.
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| − | Enos v. Sowle, 2 HA 332 (1860, Dec 11) ("sodomy"; man with "boy," youth," age unspecified. Hawaii.
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| − | Estes v. Carter, 10 IA 400 (Sup. Ct.) (1860 Apr 18) (slander; words charging "sodomy," unspecified). Iowa.
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| − | Ex parte Bergen, 19 TX App. 52 (1883, Apr 13) (sodomy," "crime against nature," unspecified). Texas.
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| − | Ex parte Smith and Keating, 38 CA 702 (1869, Oct) (reference to laws against "rape," "crime against nature," "prostitution," "abortion"). California.
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| − | Fennel v. State, 32 TX 378 (Sup. Ct.) (1869) ("crime against nature," "sodomy," unspecified). Texas.
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| − | Foster et al. v. State, 1 OH C.D.; 1 OH Cir. Ct. R. 467 (1886, Apr) ("sodomy," "carnal copulation against nature," three men with man). Ohio.
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| − | Frazier v. State, 39 TX (Sup. Ct. 1873) (1873) ("crime 'against nature';" unspecified, "sodomy;' unspecified). Texas.
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| − | Goodrich v. Woolcott, 3 Cow. 231 (NY; 1824, Aug) (slander; words charging "person of unnatural passions" with "crime against nature" (man with sow) (see also Woolcott v. Goodrich). New York State.
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| − | Green v. State, 29 S.W: 1072 (TX; 1895, Mar 9) ("sodomy;' unspecified). Texas.
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| − | Green v. Superior Court of San Francisco, 78 CA 556; 21 P. 307 (1889, Apr 16) (extortion case referring to persons convicted of "a capital offense, a crime against nature, or ... forgery, perjury," etc.; on appeal, a dissenting CA Supreme Court judge mentions that "At common law, persons convicted of petty larceny and whipped were held incompetent witnesses because infamous, but no matter how infamous the punishment, unless it was inflicted for, or some other species of crimen falsi, infamy did not attach"). California.
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| − | Hall v. State, 34 S.W: 124 (TX; 1896, Feb 12) ("sodomy;' unspecified). Texas.
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| − | Hallinger v. Davis, 146 U.S. 314; 113 S. Ct. 105 (1892, Nov 7) (murder case appealed to U.S. Supreme Court; quotes article of NJ constitution which says that murder "committed in perpetrating or in attempting to perpetrate arson, rape, sodomy, robbery, or burglary, shall be deemed murder in the first degree"). United States. New Jersey.
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| − | Harper v. Delp, 3 IN 225 (1851, Nov) (slander, charging "bestiality" and "buggery," man with cow). Indiana.
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| − | Haywood v. Foster, 6 OH 88 (Westlaw; LEXIS 6 OH 98) (1847, Dec) (slander, charging "unchastity and bestiality" [unspecified]). Ohio.
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| − | Hawaii v. Edwards, 11 HA 571 (1898, Nov 4) (conviction for attempted "sodomy," man with Hawaiian, "Kui" [no sex specified]). Hawaii.
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| − | Hawaii v. Edwards, 2 HA 55 (1899, May 31) ("sodomy," unspecified; argues that 5th and 6th amendments of U.S. Constitution extended to Hawaii at time of Edwards' conviction, August 16,1898, four days after transfer of Hawaiian sovereignty to U.S.). Hawaii.
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| − | Hawaii v. Luning, 11 HA 390 (1898, Apr 20) (attempted "sodomy," unspecified). Hawaii.
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| − | Hawaii v. Parsons, 10 HA 601 (1896, Jan 27) ("sexual intercourse," man with female under age fourteen: cites law referring to "Polygamy," "Adultery," "Fornication," "Incest," "Sodomy," unspecified). "C. G. Parsons argues that the statute under which the charge is made is unconstitutional, for technical reason, and that even if it did set forth the full title of the alleged amended act, namely, 'Chapter XIII, it would still be insufficient (for technical reasons).'" Hawaii.
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| − | Haynes v. Ritchey, 30 IA 76; 6 Am. Rep. 642 (1870, Oct 24) (slander, charging "sodomy," "beastility" [sic]). Iowa.
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| − | Hodges v. State, 94 Ga. 593; 19 S.E. 758 (1894, Jun 4) ("sodomy," anal intercourse of "boy," under 14, with "child"). Georgia.
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| − | Honselman v. People, 168 IL 173, 48 N.W. 304 (1897, Nov 1) ("crime against nature," penis of accuser, fourteen-and- a-half-years-old, in man's mouth). Illinois.
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| − | Houston v. Commonwealth, 87 VA 257; 12 S.E. 385 (1890, Dec 16) (robbery case referring to threat of "sodomy"). Virginia.
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| − | Hughes v. Detroit ... Railway Company, 65 MI 10; 31 N.W: 603 (1887, Feb 10) (negligence case, referring to outrage of girls under age seven and to "such crimes against nature"). Michigan.
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| − | Jones v. State, 38 TX Crim. 364; 43 S.W: 78 (1897, Nov 24) (libel; Irish men, employed as conductors by street car company, who discriminated against "colored ladies," were called "the descendants of Oscar Wilde [meaning that they commit the crime of sodomy]"; bracketed quote in original). Texas. {{RR}} Original legal records?
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| − | Lamb v. State, 10 A. 298 (MD; 1887, Jun 23) ("abortion" referred to as a "crime against nature"). Maryland.
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| − | Lambertson v. People, (Sup. Ct. Gen. T.) 5 Park. Crim. (N.Y.) 200 (1861, May) ("crime against nature," "buggery," "carnal knowledge," man with man). New York State.
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| − | Lefler v. State, 23 N.E. 154 (1889, Dec 20) ("sodomy;' man with man). {{RR}} state?
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| − | Lewis v. State, 36 TX Cr. R. 37; 35 S.W. 372; 61 Am. St. Rep. 831 (1896, Apr 29) ("sodomy," anal intercourse, man with woman; accusation of "copulating in the mouth" with same woman). Texas.
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| − | Little v. State, 35 S.W. 659 (TX; 1896, May 13) ("sodomy," unspecified). Texas.
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| − | Louisiana v. Deschamps, 7 So. 703 (1890, May) (reference to "homicide" committed while engaged in a felony "such as rape or sodomy"). Louisiana.
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| − | Mascolo v. Montesanto, 61 CT 50; 23 Atl. 714; 29 Am. St. Rep. 170 (1891, Jun 19) (civil suit, completed "buggery";
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| − | Mascolo, twelve, by Montesanto, fifteen). Connecticut.
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| − | McCray v. State, 8 TX Crim. 609; 44 S.W. 170 (1898, Feb 9) (assault; reference to earlier "sodomy," unspecified, of accused). Texas.
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| − | McKean v. Folden, 2 OH Dec. 248 (1859) (slander; words charging "bestiality," "buggery," unspecified). Ohio.
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| − | Medis v. Hill, 27 TX App. 194; 11 S.W. 112; 11 Am. St. Rep. 192 (1889, Feb 9) ("sodomy," two men with man). Texas.
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| − | Meigs County Court v. Anonymous, 3 OH Dec. 450; 2 OH N.P. 342 (1895, Sep) ("sodomy," man with beast, unspecified). Ohio.
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| − | Melvin v. Weiant, 36 OH St. 184; 38 Am. Rep. 572 (1880, Jan) (slander, charging "sodomy;' unspecified). Ohio.
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| − | Mootry etal. v. State, 41 P. 1027; 109 CA 275 (1896, Jan 15) (murder; cites Medis v. State (see above), in which accused "were jointly tried for sodomy," unspecified here). California.
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| − | Paterson v. State, 50 N.J.L. 421; 14 A. 125 (1888, Mar 1) (cites NJ law referring to "treason, murder, manslaughter, sodomy [unspecified], rape, arson, burglary, robbery, forgery, or larceny," etc.). New Jersey.
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| − | Peak v. State, 53 S.W. 853 (1899, Nov 29) ("sodomy," unspecified). {{RR}} state?
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| − | People v.Boyle, 48 P 800; 116 CA 658 (1897, May 6) ("crime against nature," man in mouth of "boy," age unspecified). California.
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| − | People v. Frey, 112 MI 251; 70 N.W. 548 (1897, Mar 29) (extortion; threat to accuse "sodomy," "bestiality"). Michigan.
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| − | People v. Graney, 91 MI 646; 52 N.W. 66 (1892, May 13) ("crime against nature," man with man). Michigan.
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| − | People v. Gleason, 99 CA 359; 33 P. 1111 (1893, Aug 23) (incest; refers to "solicitation to commit incest, adultery, or sodomy"). California.
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| − | People v. Hickey, 41 P. 1027; 109 CA 275 (1895, Sep 30) ("sodomy," man with person, unspecified; sodomy may also involve a beast, unspecified). California.
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| − | People v. Hodgkin), 94 MI 27 (1892, Dec 3) ("sodomy," "buggery," unspecified). Michigan.
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| − | People v. Miller, 66 CA 468; 6 P. 99 (1885, Feb 27) ("crime against nature," man with "boy," 13). California.
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| − | People v. Moore, 103 Cal. 508; 37 Pac. 510; (1894, Aug 11) ("crime against nature," man with man). California.
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| − | People v. Murat, 45 CA 281 (1873, Jan) (reference to "assault" with intent "to commit murder, rape, the infamous crime against nature, mayhem, robbery, or grand larceny"). California.
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| − | People v. O'Brien, 26 N.Y.S. 812 (1893, Dec 6) ("crime against nature," man with "boy," 11). New York State.
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| − | People v. Williams, 59 CA 397 (Ct. App. 1881) (1881 Jul) ("crime against nature," "sodomy," man WIth man). California.
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| − | People v. Wilson, 51 P. 639, 119 CA 384 (1897, Dec 20) (attempted "crime against nature," man, implicitly with boy, age unspecified). California.
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| − | Prindle v. State, 31 TX Cr. R. 551; 21 S.W. 360; 37 Am. St. Rep. 833 (1893, Feb 15) ("sodomy," "crime against nature," man in mouth of "child," age unspecified). Texas.
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| − | Red v. State, 39 TX Crim. 414; 46 S.W. 408 (1898, Jun 8) (murder; "Appellant proposed to prove ... that the witness. . .was guilty of incest with his daughter, and was guilty of sodomy [unspecified], and had assaulted the wife of appellant, ... his granddaughter, with intent to rape her"). Texas.
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| − | Roberson v. Florida, 40 FL 509; 24 So. 474 (1898, Jun ([LEXIS]; Nov 5 ([WESTLAW]) (cites FL law that "persons who have been convicted in any court . . . of murder, perjury, piracy, forgery, larceny, robbery, arson, sodomy or buggery shall not be competent witnesses"). Florida.
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| − | Roesel v. New Jersey, 62 N.J.L. 216; 41 A. 408 (1898 Jul 8 ([LEXIS]; Sep 28 ([WESTLAW]) (murder; cites NJ law referring to persons "committing or attempting to commit sodomy, rape, arson, robbery or burglary, or any unlawful act against the peace of this state, of which the probable consequence may be bloodshed"). New Jersey.
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| − | Simmons v. State, 41 FL 316, 25 So. 881 (1899, May 2 [WESTLAW]; Jan Term [case report; LEXIS]) (robbery; cites FL law that "Property obtained by trick or artifice, or by threats of illegal arrest, criminal prosecution, or insinuations against character, except they relate to sodomitical practices, is not taken by 'putting in fear'"). Florida.
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| − | Singleton v. State, 38 FL 297; 21 So. 21 (1896, Jun ([LEXIS]; Nov 17 [WESTLAW]) (quotes section of FL law "that persons convicted ... of murder, perjury, piracy, forgery, larceny, robbery, arson, sodomy, or buggery shall not be competent witnesses"). Florida.
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| − | State v. Campbell, 29 TX 44; 94 Am. Dec. 251 (1867) ("crime against nature," "sodomy," man with mare). Texas. Original legal records cited as: Warren Campbell . . . v. Texas. October 19, 1866. Filed November 27, 1866. Texas State Archives, Austin. Copy available in the papers of Jonathan Ned Katz, New York Public Library, Rare Books and Manuscripts Division.
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| − | State v. Chandonette, 10 MT 280; 25 P. 438 (1890 Dec 1) ("crime against nature," unspecified). Montana.
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| − | State v. Desforges, 47 LA Ann 1167; 17 S. 811 (1895, Jun 3) (attempting to prevent witness from testifying; court quotes Wharton that solicitations to commit a crime "are indictable . . . when they are . . . offences against public decency, as in the case with solicitations to commit sodomy"). Louisiana.
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| − | State v. Dolan, 17 WA 499; 50 P. 472 (1897, Sep 7) (murder; citing WA law referring to "assault with intent to commit murder, rape, the infamous crime against nature, mayhem, robbery, or grand larceny"). Washington.
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| − | State v. Frank, 103 MO 120; 15 S.W. 330 (1890, Oct) (attempted "sodomy," man with dog). Missouri.
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| − | State v. Gray, 8 Jones (N.C.) 170 (1860, Dec) (reference to "buggery;' unspecified, in case of "carnally knowing and abusing an infant female under the age of ten years"). North Carolina.
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| − | State v. Grusso, 28 LA Ann. 952 (1876, Dec) ("crime agaInst nature," man with man). Louisiana.
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| − | State v. LaForrest, 45 A. 225 (Sup. Ct.); 71 VT 311 (1899, May 6) ("sodomy,"' unspecified). Vermont.
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| − | State v. Place, 5 Wash. 773 (1893, Feb.18) (attempted "crime against nature," "sodomy," man with man). Washington.
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| − | State v. Romans, 57 E 819, 21 WA 284 (1899, Jun 22) (attempted "crime against nature," "buggery," man with man). Washington.
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| − | State v. Smith, 38 S.W. 717 (MO; 1897, Jan 19) (attempted "sodomy or buggery," man with "boy," age unspecified). Missouri.
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| − | State v. Williams, 34 LA Ann. 87 (Sup. Ct. 1882) (1882, Jan) ("crime against nature," unspecified). Louisiana.
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| − | Stewart v. Major, 17 WA 238; 49 E 503 (1897, Jun 25) (libel; quotes section of WA Code referring to "words falsely spoken of any person charging such person with incest or the infamous crime against nature either with mankind or the brute creation"). Washington.
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| − | Strange v. State, 33 Tex. Crim. 315; 26 S.W 406 (1894, May 5) (extortion by threat of criminal prosecution for "crime against nature," "sodomy" with beast, unspecified). Texas.
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| − | Stratham v. State, 53 S.W. 847 (1899, Nov 29) ("sodomy," unspecified). {{RR}} state?
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| − | Territory v. Mahaffey, 3 MT 112 (1878, Jan) ("crime against nature," man with "boy," 14). Montana.
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| − | Thibault v. Sessions and Phipps, 101 MI 279; 59 N.W. 624 (1894, Jun 26) (libel/slander; teacher accused of "sodomy" with students, sex, age unspecified; "bestiality" referenced). Michigan.
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| − | United States v. Gallagher, 25 F. Cas. 1241 (1832, Mar) (cites PA law re rape, murder, or attempted "crime against nature"). Pennsylvania.
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| − | Vieira v. Sowle, 2 HA 346 (1860, Dec 14) ("sodomy"; man with "boy," age unspecified). Hawaii.
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| − | Waits v. State, 54 S.W. 1103 (1899, Dec 19) ("sodomy," unspecified). {{RR}} state?
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| − | Wells v. New England Mutual Life Insurance, 191 PA 207; 43 A. 126 (1899, Apr 24) (abortion; Court quotes its earlier decision that abortion "violates the mysteries of nature in that process by which the human race is propagated. It is a crime against nature which obstructs the fountain of life...."). Pennsylvania.
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| − | Williams v. Commonwealth, 22 S.E. 859 (VA; 1895, Sep 19) ("buggery," unspecified, by boy, between 10-12). Virginia.
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| − | Willson v. State, 53 S.W. 112 (TX; 1899, Oct 11). ("sodomy," unspecified). Texas.
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| − | Wood et al. v. State, 47 N.J.L. 180 (1885, Jun 15) (cites NJ law re "murder, manslaughter, sodomy [unspecified], rape, arson, burglary, or robbery"). New Jersey.
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| − | Woolcottv. Goodrich, 3 Cow. 714 (NY; 1825, Dec) (slander; words charging "He has been with a sow"). (See also Goodrich v. Woolcott). New York State.
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| − | Wright v. State, 35 TX Crim. 367; 33 S.W. 973 (1896, Jan 22) ("sodomy," unspecified). Texas.
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OutHistory.org Legal Research Project
This website has enlisted a group of Harvard law librarians in a project to copy and place on OutHistory.org the published reports and the original records of all the 19th-century U.S. legal cases (about 150) that include the terms “buggery,” “crime against nature,” or “sodomy.”
The Project was conceived by Jonathan Ned Katz, the Co-Director of OutHistory.org, who approached William B. Rubenstein, Professor of Law, Harvard Law School, for assistance. Rubenstein enlisted several Harvard law librarians in this ambitious reclamation project. The librarians' recent database searches have already revealed about 45 additional cases mentioning buggery, crime against nature, and sodomy that had not shown up in Katz's earlier research.
Katz believes that "the original legal records in these cases will certainly reveal fascinating new details about U.S. social life and legal history in the 19th Century.”
An example is the published report, brief and abbreviated, of an 1897 Texas case. It involved a libel charge against the pro-African American publishers of a statement that Irish conductors employed by a Galveston street car company, who discriminated against “colored ladies,” were “the descendants of Oscar Wilde [meaning that they commit the crime of sodomy]” – the bracketed explanation is in the published report. The libel was affirmed by the appeals court. The brief published account and other documents relating to this case are reproduced or cited on OutHistory.org at W. L. Jones v. The State (Texas): November 24, 1897.
“That case touched tellingly on race, class, sexuality, and gender as indicated in the brief published report," says Katz, “and the original legal records, and any newspaper accounts and other documents about it will, I’m convinced, provide additional intriguing details about what was going on.”
One startling document referring to this case has already been discovered and is reprinted on OutHistory.org at: William Cowper Brann: "The Complete Works", 1898. It contains extremely derogatory language about and threats against the African Americans said to have committed the libel.
The former Coordinator of OutHistory.org, Lauren Gutterman, added: “We at OutHistory.org are asking LGBTQ community members and their friends nation-wide to help retrieve the forgotten documents that reveal the hidden LGBTQ past. The non-profit, educational OutHistory.org is appealing for volunteers to help with this research,” she added, “it’s a new, web-based form of participatory history making.”
The Legal History Project involves, first, online research to find and copy the old published reports of these cases. The original publications are in the public domain. An example is the case already cited: W. L. Jones v. The State (Texas): November 24, 1897
Second, the Project involves research in the archives of many states or territories, including: Alabama, California, Colorado, Connecticut, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Louisiana, Maryland, Massachusetts, Michigan, Missouri, Montana, New Jersey, New York, Ohio, North Carolina, Pennsylvania, Texas, Vermont, Virginia, and Washington, and in the archives of the U.S. Supreme Court.
"The original legal records in at least some of these 19th century cases do exist," says Katz, as indicated by his earlier success in locating these document in two cases, the earliest, in Maryland in 1810 (Davis v. State), and a case in Texas, in 1867 (State v. Campbell). Katz found those original court records in the Texas State Archives, Austin, and the Maryland State Archives, Annapolis. The original records will be added to OutHistory.org.
Researchers will need to discover which archive holds each state's or territory's legal case appeals records or lower court rulings, send for copies, receive the copy, and upload it to OutHistory.org. In some cases, handwritten early legal records will need to be transcribed. Katz says that OutHistory.org will reimburse the researchers for the cost of copies if necessary.
Third, the Project involves research in old newspapers and secondary sources to see if any relevant additional information about the cases or the accuser, accused, prosecutor, attorneys, or judges can be found. "The public can help with that research," suggested Katz who can be contacted at the OutHistory.org email address: jnk123@mac.com.
A chronological, annotated timeline of all the 19th century cases that mention "buggery," "crime against nature," or "sodomy" appear with the case citations on OutHistory.org at:
Origin date: November 10, 2010
Last revision: June 18, 2013.
PROTECTED ENTRY: This entry by a named creator or site administrator can be changed only by that creator and site administrators, so they are responsible for its accuracy, coverage, evidence, and clarity. Please do use this entry's Comment section at the bottom of the page to suggest improvements. Thanks.
