William Watson and Henry Laughton worked as bailiffs for the Rotherham Court House and on 2 November 1881 they were instructed by the High Bailiff to arrest a 40 year old man called William Bailey. He had a warrant against him issued by the Barnsley County Court, but as he lived in West Melton, it had been handed over to the Rotherham bailiffs to deal with. Bailey had long been part of a poaching gang, some of whom had been found guilty in May 1881. As a result he had been fined 15s 9d costs or sentenced to 40 days imprisonment if he failed to pay. The bailiffs Watson and Laughton had been unable to execute the warrant for some time, because although several visits had been made to Bailey’s house, they couldn’t catch him at home.
That day, as was their usual practice, Watson went to the door of the house in the yard where Bailey lived with his wife, leaving Laughton to speak to some of the neighbours. Watson knocked on the door which was opened by Mrs Bailey. When he asked her where her husband was, she told him that he had gone to Bolton for the day and would not return until much later that night. However as they were speaking, Watson noted a man walking towards the house, who was being followed by Laughton. It was not difficult to guess that the man was Bailey himself. The two officers immediately seized him by the collar and asked him his name.
When he admitted that he was William Bailey, Laughton informed him they had been sent by the High Bailiff and asked him if he was prepared to pay the fine imposed on him by the Barnsley County Court. Bailey immediately told them he did not have it on him right then, but if they came back on Saturday he would have enough money to pay it. Laughton said that they had no power to authorise such postponements, and as they had a warrant for his arrest, they must take him into custody. At first it seems that Bailey was ready to comply as he said ‘very well, I will go with you’ as he made as if to enter the house. However before the two bailiffs could follow him, he lunged for the door pushing his wife inside and slamming it in the faces of two officers.
Watson and Laughton threw themselves at the door and managed to break it open. Going inside, they told Bailey that he must now come with them. Once again it looked as if the man was ready to obey. He stated that he just wanted to change into his boots, as Bailey sat in a chair to remove the shoes he had been wearing. The two bailiffs were standing by the door when he placed the boots on his feet and started to lace them up. Suddenly Bailey lunged at something in the corner of the room and before either of the bailiffs could stop him, he picked up a gun that had been leaning against a wall. He pointed it at the two officers, threatening them that he ‘would do for them both.’ Bravely Laughton stooped under the barrel of the gun and pushed it upwards, having no idea if the weapon was loaded or not.
Seeing what the bailiff was trying to do, Bailey then smashed the barrel down hard over Laughton’s shoulders. Mrs Bailey shouted at her husband to drop the weapon as it was dangerous. He put the gun down on the kitchen table, but as the two men closed in, he picked up a heavy wooden stool and threw it at Watson. Bailey then grabbed hold of Laughton by the shoulders of his jacket and smashed his head heavily against the wall. Watson made as if to help his colleague, just as both Mr and Mrs Bailey seized Laughton and threw him through the door into the yard outside. They next grabbed hold of Watson and pushed him out of the door, causing him to fall onto the cobbles of the courtyard. As the two men lay on the ground, the pair then started to lash out at both officers with impunity, kicking them both in their heads, legs and backs.
By this time the noise of the confrontation had brought out the neighbours, who quickly gathered around as they urged the two bailiffs to clear out of of the yard. William Bailey was known to be a very dangerous and violent man and as Mrs Bailey had by this time, armed herself with a poker and the leg from the broken footstool, the two bailiffs had no option but to leave. They returned back to the Court House at Rotherham and after reporting the attack, a warrant for William Bailey and his wife was issued. As a result the pair were arrested and brought before the magistrates at Rotherham Court House on Monday 7 November 1881. William and Mary Bailey were both charged with ‘committing an assault on officers of the court with intent to commit grievous bodily harm.’
Mr F Parker Rhodes prosecuted the case and he described the vicious attack carried out on the two bailiffs. Henry Laughton was waiting to give evidence and it was noted by court reporters that he still bore signs of the beating he had received. Mr Rhodes stated that bailiffs must be protected in the lawful discharge of their duties, and he asked that the two prisoners be sent to the Assizes to take their trial. Surgeon Dr Lyth was the first witness and he described some of the injuries which the two men had received. He said that Henry Laughton was a mass of bruising from his head to his thighs, however it was clear that William Watson’s injuries had been the most severe. As a result that officer had been unable to attend the court or even return back to work.
The surgeon listed one particular blow which Watson received from Mrs Bailey. She had hit him over his ear with the broken off leg from the heavy wooden stool. The cut was so deep that just that one blow alone had left him in a most dangerous condition. Dr Lyth added that as a result he was still having to treat that officer for his injuries. Henry Laughton was the next witness and described the terrible struggle that the two bailiffs had with the prisoners. He said quite clearly that he had seen Mary Bailey kicking out at Watson as he lay on the ground, and attacking him with the footstool. The Deputy High Bailiff for the Rotherham Courthouse, a man called Henry Foster then took the stand and he described the condition of the two men on their return back from the Baileys house.
He said that Watson ear was badly cut, he was bleeding profusely and there was also a huge lump on the side of his head. Both the man’s eyes had been blackened and he appeared to be dazed and confused. However Mr Barras who defended the prisoners, stated that the couple had only been acting in self defence and he claimed that the bailiffs had entered the house illegally, by smashing the door latch. The defence stated that therefore Mr and Mrs Bailey had every right to eject the two bailiffs from their premises. Then Mr Barrass quoted a recent similar case which had been tried at the Manchester Assizes, where two bailiffs had been killed after being ejected from a house. The defence claimed that the judge, Lord Justice Bramwell had directed the jury to acquit the prisoners, stating that the bailiffs had made what he described as a ‘wrongful entry’.
Mr Barrass said that as for the charge against Mrs Bailey, it should be completely dismissed as she was only acting under her husbands directions. He then also dismissed Laughton’s identification of Mrs Bailey who had been seen attacking Watson. Mr Barrass said that an excited crowd of neighbours had gathered in the small courtyard and in particular around the prone bailiff. He said that therefore it would have been impossible to state with any confidence that it had been the female prisoner who had kicked out at the man. After hearing all the evidence the bench found both prisoners guilty. Mr Barrass then asked for bail for the male prisoner, but the chair of the magistrates told the court that Bailey was a dangerous character with a long history of violence.
He stated that the man had been before the court on 10 different occasions and therefore he should remain in custody. Hearing this remark, Bailey told him ‘well it wasn’t for anything serious. Ive never been had up for murder’ which caused laughter in the courtroom. After some discussion between the magistrates however, he was granted bail and left the court with his wife. William and Mary Bailey were brought before the West Riding Christmas Quarter Sessions held at the Sheffield Town Hall on Friday 6 January 1882. The prosecution, Mr Mellor went over the case for the jury and said that it was an assault of a most serious nature. Both bailiffs then gave their evidence and it was noted that William Watson still showed signs of his terrible ordeal. Then it was time for Mrs Bailey’s defence, Mr Blackburn to speak on her behalf and he made claims which astonished the court.
He said that rather than defend her husband, she had done all that she could to help the bailiffs in discharging their duty. He reminded the jury that when her husband picked up the gun and pointed it at the two men, the female prisoner had made him put it down. Although his claims were rather tenuous, the nineteenth century legal authorities tended to excuse women acting in concert with their husbands. It was believed that being the weaker sex they were under their husbands domination. As a result of this Mary Bailey was found not guilty and discharged. However the long list of offences for which her husband had previously been brought before the courts, could not be so easily ignored. William Bailey was sentenced to twelve months imprisonment for this most brutal attack.