23rd February 1785
Reference Numbert17850223-5
VerdictNot Guilty

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296. JOSEPH LILLIE was indicted for feloniously assaulting Thomas Makepeace , on the king's highway, on the 23d day of October last, and putting him in corporal fear and danger of his life, and feloniously taking from his person, and against his will, one stuff gown, value 6 s. the property of John Makepeace .


I am wife to Thomas Makepeace , I only speak to the property, which is a stuff gown; Thomas Makepeace was my nephew, and is dead, he died through the fright of the prisoner, and the small pox, which he caught at the Old Bailey.


Thomas Makepeace is my nephew, he attended here last Sessions, and caught the small pox, he lived with me; I sent him home with a gown that evening, but I know no further, only they took the boy and the man to the Justice before they sent for me.

A WITNESS sworn.

I was coming down Long-acre on the 23d of October, about ten in the evening, and just by the end of Chapel Alley in Long-acre, I heard a little boy cry out stop thief! and the prisoner at the bar ran out of the passage, I pursued him, and called out stop thief! I never lost sight of him, he was stopped by another man; I came up directly, the prisoner was stopped and searched, and the gown was not found upon him then, a person brought the gown up, it was found just by my side.

Mr. Justice Buller. Did you see the gown in the street as you pursued the prisoner? - No, I did not, it was rather a darkish evening.

Court. Are there any examinations returned.

Mr. Shelton. No my Lord.

Did the prisoner say any thing, did he acknowledge any thing? - He did not.

Court. Gentlemen of the Jury, by the death of the principal, Thomas Makepeace , the case is left deficient of evidence, and you must acquit the prisoner at the bar.


Tried by the first Middlesex Jury before Mr. Baron PERRYN .

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