37, 38. (L.) John Baileys proceedingsdefend and Susanna Shepherd proceedingsdefend were indicted for stealing a silver watch, value 40 s. the property of William Maud proceedingsvictim , November 1 . *.

At the request of the prisoners the evidences were examined apart.

William Maud < no role > . I am a joyner and carpenter , and live in Apollo-court, Temple-bar. On the last day of October I had been to Goswell-street, with a shop-mate. I believe it was half an hour past eleven at night, when I came from thence. I kept the open street through St. Martin's le grand into Newgate-street, and crossed into St. Paul's Church-yard and up Fleet-street. Just as I was near Apollo-court , it had just gone twelve. As I was near the chymist's shop the prisoner Shepherd, laid hold of my arm, and said where are you going my dear? I had had rather more liquor than I should have, but not drunk. I said, I was going home; she pulled me into the passage. (I lodge in the court). There we stopped. Mr. Baileys came past me. We moved a little higher, just under a lighted lamp; he past up and down again into Fleet-street; he came up a second time; when he got to the end of the court, she snapped out my watch; I said, Madam, you have robbed me of my watch; she immediately called out, Watch and Murder! Before any body came to my assistance Mr. Baileys fell to knocking me about the head, in order to knock me down. I was very sore upon my jaw, for a week after. I heard some body at the bottom of the court. I called out, For God's sake, do aid and assist, for I am robbed of my watch! There were two chairmen; one of them, named Johnson, came up, and took hold of Baileys; just as he came Shepherd got out of my hands; I charged the watch with him and the woman, and they charged me; so there was charge for charge. I was taken to the watch-house in Temple-lane. My watch was found after that when I was in the watch-house. When we went before the sitting alderman at Guildhall, the man that had it of a girl, was ordered to keep it in his care till the trial here.

Q. When had you seen it last before?

Maud. I had seen it just before I came out of the house in Goswell-street. I had not spoke to any body, except bidding a watchman a good night. When Shepherd said, Stop a little, I want to speak with you; I thought it had been a neighbour that lives in the court next door to a shopmate of mine; she is supposed to be a person of ill character, though never to my knowledge went out.

Q. How long had you stopped in the court, before Baileys came up?

Maud. He came up directly; she stood against the wall, and I facing her; she shoved against me, and asked me if I would do something or other, at the time she took my watch. Baileys had been up once or twice in the court; if he was up in the court at the time she took it, he was up in a corner out of sight; as soon as she had taken my watch he came up as soon as possible any body could; in a quarter of a minute; he came upon her crying out; he never asked me what was the matter, but began driving me about under each ear.

Cross-Examination.

Q. Did you know Baileys before?

Maud. No: I did not.

Q. Before he came up had you not Shepherd by the hair of her head?

Maud. No: I never laid hands upon her before she cried murder; I never struck her nor beat her.

Q. What was the first word Baileys said to you?

Maud. I do not know.

Q. Did he not say, Don't murder the woman?

Maud. I do not remember he did.

Q. Did you not say, D - n you, I'll serve you the same?

Maud. I did not: I never was guilty of swearing.

Q. Did you not strike Mr. Baileys?

Maud. No: I did not, upon no part of him; I only held the woman.

Benjamin Johnson < no role > . The first time I saw Susannah Shepherd < no role > and John Baileys < no role > that night was in Bell-yard, at the Haunch of venison, drinking at the bar; that was about half an hour after eleven; they went out of the house directly; I staid in the house may be a quarter of an hour.

Q. Did you know him before?

Johnson. I never saw him before to my knowledge; they stood by me near the space of ten minutes; after that I saw Shepherd and Maud go into the court together about ten minutes after I came out of the house, which was about a quarter of an hour after the two prisoners went out of the house; at the time Maud and Shepherd went into the court together, Baileys was standing with his back against the chymist's door; and when Maud and the woman had been in the court about two minutes, she began to cry Watch and Murder! then Baileys whipped from the door into the court, and sell to abusing Maud, beating him. I saw him strike him more than once; I went and took him by the collar, and pulled him from Maud; Shepherd strove to make her escape; the watchman in the street stopped her, and brought her back into Apollo-court. Maud charged the watch with her, for stealing his watch; going up the street to the watch-house, which is almost to St. Dunstan's church, the watch was found lying on a rail by a girl of the town; I saw her take it up; I asked her to give it me, and she did.

Q. How near was it found to Apollo-court?

Johnson. As near as I can guess, it was about one hundred yards distant. (The watch produced and deposed to.) I secured her in that watch-house, and the next morning we went before the sitting alderman at Guildhall.

Q. from Baileys. I went in and treated a woman in the alehouse with a glass of rum, whether there were not many women there?

Johnson. There was another girl of the town in the house, but there were nobody drinking at the bar at that time, but the two prisoners; and more than that the woman at the bar fell out with another woman, and struck her in the house.

Q. to prosecutor. Had you looked at your watch after you came out of the house in Goswell-street?

Prosecutor. No: but when she and I were together I felt something taken out of my pocket as plain as possible.

Cross-Examination.

Q. Did you take particular notice of them when you saw them going up the court?

Johnson. I said to my partner, there was something going forward in that court; and I knew her again when I saw her in the watch-house afterwards.

Q. Did you hear Baileys say any thing?

Johnson. He said, you rogue, you rascal, I'll learn you to use a woman ill.

Q. What was Maud doing to the woman?

Johnson. I do not know. I never saw him strike her.

Q. Did you see Maud strike Baileys?

Johnson. No, I did not. Upon my pulling Baileys from Maud, Shepherd ran away, and ran as far as Chancery-lane end, and the watchman brought her back.

Q. Was there any other woman up the court?

Johnson. No.

William Hunt < no role > . I am a chairman, and ply at the Temple. I and my partner Johnson were talking together; I saw Maud and the woman at the bar come together, and turned into Apollo-court. I believe they might go about two yards up the court; after that my partner said to me, Do you see that man and woman go into the court? I said, I am looking at them; I did not know that you saw them. After that Baileys walked up the court by where they stood, and came down again, and fixed his back up against Mr. Buckle's door. three doors from where they were; presently Maud charged the girl with taking his watch; she began to cry out. I did not hear him charge her, but he said he had charged her afterwards. Then Baileys ran into the court, and said, D - n you, you rascal, I'll teach you to use a woman ill. My partner ran in and the woman ran out, and made her escape towards Chancery-lane end. Maud said, Stop that woman, she has got my watch! and other people called, Stop her, Stop her!

Q. Did you see Maud strike Baileys?

Hunt. No, I did not: neither did I see Baileys strike him. I was not in the court. I saw nobody but Maud, the woman, and Baileys go into the court.

Bailey's Defence.

On the 31st of October, after I left Mr. How's house, to whom I am Clerk, which I believe was about eight o'clock, I went to see the new entertainment, called The Jubilee; then I went to a very genteel public-house; I had a pint of beer and a Welch rabbit, and came in order to go home. Just as I came to Temple-bar, a girl accosted me, and asked me to give her a dram, which I did; after that I came out and proceeded on my way to go home; first of all I turned up a court to make water, then went in order to go home; I had not gone but a few yards before another woman catched hold of me, and accosted me as usual; I pushed her away; I was apprehensive I should get my pocket picked; a moment was not past before I heard a most horrid cry of murder. I looked round, and saw Maud had hold of a woman by the hair of her head, beating he in a most cruel manner. I catched hold of him and said, For God's sake don't murder her! you don't know what may happen; he struck me on my breast; said he, Do you know that woman that has robbed me of my watch? I said, if she has you had better take her to the watch-house; said he, I will, and I'll take you for striking me; when we came to the watch-house, some where by St. Dunstan's church, I asked what I was come there for; he said, for striking me; then I said we must go through a due course of law. I was conducted to the counter, and the next day before the alderman at Guildhall; there was quite a different story told before the alderman than what was said the night before. Mr. How thought it very odd I was not at the office; Mr. Pain went there, and knowing I am of a good family, and of reputation, I was bailed. I hope your lordship and gentlemen will never suppose a young fellow of my character will ever enter into a case of this sort, if I had known it first of all. I said, if I had known the case, I would have taken care and avoided it. I believe in going from the place, I was conducted by a watchman on each side of me, that must know it was impossible for me to put the watch where it was found. I met a woman going to master's office since; she asked me if I was not in trouble about that affair; she said she saw a tall woman put the watch on the ledge. I do not know whether she is here or not.

Shepherd's Defence.

Going along by Temple-bar I saw some women run away together. The man came out and said, You are one that robbed me of my watch; he made a blow at my head, and catched hold of my hair, and put his hand in my mouth, and beat me in a most inhuman manner. I called, Watch and murder; nobody came; then this man came (meaning her fellow prisoner); he said, What do you do to this woman? Said he, if you want to know, I'll serve you the same; I got out of his hands; he said, Stop her, she has got my watch. I never saw the watch.

For the prisoner.

Mary Cradock < no role > . I live in Little Britain; my husband is a watch-spring maker. I was coming by a little after eleven o'clock accidentally. I heard a noise; I stopped as a great many more did; I saw an uproar, and as I stood I saw a woman lay something down; as I stood at Bull-head-court by Temple-bar, there was fighting and crying out murder, and knocking down, and I saw another woman take it up after they were gone. She laid it down upon the jett of a window-shutter, and said, Here is the watch; I did not see it. I did not see the woman's face that laid it down. It was a tallish woman. I cannot say whether it was the woman at the bar or no.

Both acquitted .