Thomas Smith, Mary Mason.
7th December 1709
Reference Numbert17091207-41
VerdictGuilty; Not Guilty

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Thomas Smith and Mary Mason , were both Indicted for breaking open, in the Night-time, the Dwelling-House of the Right Honourable Thomas Earl of Westmorland , and taking from thence a Pair of Window-Curtains, value 20 s. a Repeating-Clock, 15 l. 154 Yards of Crimson-Damask, 70 l. 18 Yards of Muslen, 3 l. an Indian Quilt, 5 l. a Parliament Robe, 5 l. with several other

things to a considerable value, the Goods of the said Thomas Earl of Westmorland , on the 23d of October last. The chief Evidence was one Nath, Waters , a Person concern'd in the Fact, who depos'd that on the 16th or 17th of October last, the Prisoner and himself went to the Prosecutors House, and the Prisoner being the taller Man, got over the Wall, open'd the Gate, and let him in; that then the Prisoner lifted up a Sash-Window, and they both enter'd the House, and broke open divers Locks of Chests, &c and took the Goods mention'd, with abundance more, and loaded themselves 5 several times and carry'd them to Mrs. Whittle , of whom they receiv'd Money for some of them. It further appear'd, when the Prisoners Lodgings were search'd, that Napkins and other things of the Prosecutors were found there. The Prisoner saying little in his Defence, and being an Old Offender, the Jury found him Guilty of the Indictment . The Evidence not touching Mason, she was acquitted .

[Death. See summary.]

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