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A71144 A True and impartial account of the arraignment, tryal, examination, confession, and condemnation of Col. Iames Turner for breaking open the house of Francis Tryon, merchant, in Limestreet, London with the several tryals and examinations of John Turner, William Turner, Mary Turner, and Ely Turner, confederates, at Justice Hall in the Old-Baily, Lond. the 15, 16, and 19 of January, 1663. 1664 (1664) Wing T2488; ESTC R4676 57,618 87

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am content L. C. Just Hide If you want any thing either money or Cloaths or any thing else you may have them Turner My Lord the greatest thing will be some writings and papers which will concern me at my Tryall to clear me then L. Ch. J. Hide Do this nominate one person the Sheriff another to go with him and what writings you will have brought they shall take a note of them and bring them to you Turner I have divers writings of Gentlemens Estates Bonds and things in my hands and the papers are amongst them and I do beg I may with the Keeper go my self now L. Ch. J. Hide I cannot nor the Court give you leave you stand Indicted for Felony and Burglary Turner Let my Sons go my Lord. L. Ch. J. They are Indicted too and are not Bailable if Mr. Sheriff who is answerable for you will send any with them he may Sir Rich. Ford. I shall be willing to serve you Gentlemen so far my self if your Lordship will spare me from further Service here to go with such person as he shall appoint L. Ch. J. We leave that to Mr. Sheriffs Civility we can give no rule for it Turner I may be cut off of my life if I want my papers L. Ch. J. Bridgman Doth your life depend upon this Evidence in matter of fact Turner My Lord I have been so strangely handled in this businesse I know not where it depends Sir Rich. Ford. If he will say in what Trunk or Chest they are in they shal be brought to the Court Thereupon Mr. Turner offered to send a Pillowbeer and the Sheriff said he should have the writings L. Ch. J. Hide Provide your self for tomorrow Mr. Turner we will then go on Turner I have an humble request to your Honours and Honourable Bench I would beg an Order to bring in some Witnesses who are Mr. Tryan's friends now though mine lately divers would come in but send me word they dare not except they are Summoned by an Order of your Lordships L. Ch. J. We will help what the Law will do but this cannot be done those that will come in voluntarily may the Law will not admit us to Summon any Witnesses you see when any come against the King we cannot put them to their Oaths much lesse can we precept them to come Turner Pray my Lord let some of the Sheriffs Officers wish them to come not from the Bench. L. Ch. J. We cannot direct any thing in 't Turner I desire the Party himself may be here L. Ch. J. We cannot compell him Turner Then I have no Witnesse in the world this is a sad thing that the Persecutor being able will not come I hope you will advise him to come L. Ch. J. The Law is open the same to every man you shall have that that is due to any man you cannot have more and lesse you shall not have if he be bound we will call him Turner What if he will forfeit his Recognizance L. Ch. J. We cannot help that but we think you need not fear his not coming he intends to be here And afterwards the Prisoners were conveyed back to the Goal 16. January in the Morning The Court being set and Proclamation made the Jury was call'd viz. William Bookey Tho Seawell Will. Allin John Port. Francis Coles Robert Masters Tho. Hickson John Andrews John Jacob. David Bolger Hen. Hague Lewis Tayte Who severally answered to their Names Clerk Set up James Turner John Turner William Turner Mary Turner and Ely Turner Who with some Felons were accordingly set to the Bar. You the Prisoners that were last called to the Bar those men that you shall hear called and personally appear must passe between our Soveraign Lord the King and you for your several lives and deaths If you or any of you will Challenge them or any of them you must challenge them when they come to the Book to be sworn before they be sworn Silence Commanded twice Clerk William Pookey Look upon the Prisoner You shall well and truely try and true deliverance make between our Soveraign Lord the King and the Prisoners at the Bar whom you shall have in Charge according to your Evidence So help you God And so all the rest were sworn save only Lewis Tayte against whom he excepted there being some little difference at present between them but my Lord Chief Justices told him he need not give any reason for it he was free to except any without cause Thereupon Capt. Edward Micoe was sworn in his roome Count these Cryer William Bookey c. twelve good men and true stand together and hear your Evidence Clerk Cryer make Proclamation O Yes If any man can inform my Lords the King's Justices the King's Serjeant or the King's Attorney before this Inquest be taken between our Soveraign Lord the King and the Prisoners at the Bar let them come forth and they shall be heard for now the Prisoners stand at the Bar upon their deliverance and all others bound by Recognisance to give Evidence against any the Prisoners at the Bar come forth and give evidence or else you will forfeit your Recognisances Clerk Cryer Call Francis Tryan William Hill Fred Ixam John Garret Jacob Watcher Eliz. Fry Ann Ball John Gurney Francis Millington John Alsop Peter Culley Ralph Tasker William Dawes John Rouse Richard Roberts Nath Clarke Robert Cole Edward Cole They all came into the Court Clerk James Turner hold up thy hand and so the rest Here the Indictment was read again Upon this Indictment they have been Arraigned and thereunto have severally pleaded Not Guilty and for their Tryalls have put themselves upon God and the Countrey which Countrey you are Your charge is to inquire whether the said James John and William Turner or any of them be guilty of this Felony and Burglary in manner and form as they stand Indicted or not guilty and whether the said Mary and Ely Turner are guilty of the Felony as Accessaries to the said John If you find them guilty you shall enquire what Goods and Chattels Lands and Tenements they or any of them had at the time of the Commiting this Felony and Burglary or at any time since if you find them not guilty you shall inquire if they fled for it if you find that they did fly for it you shall inquire c. as if you had found them guilty If you find them not guilty and that they did not fly for it say so and no more and hear your Evidence But if you acquit James John and William Turner of the Felony and Burglary then you shall not inquire after Mary and Ely as Accessaries Sir Thomas Aleyn sworn The Evidence that you shall give c. L. Ch. J. Hide Pray Sir Thomas Aleyn tell your knowledge to the Jury Sir T. A. May it please your Lordships and you Gentlemen of the Jury Upon Friday morning last was seven-night I heard of this Robbery at Guild Hall and the
Col. Turner That after that night VVilliam Turner never saw Col. Turner nor the other persons in the Robbery till himself with Col. Turner and others were arraigned for the fact at Newgate Neither did the said VVilliam Turner see any Money or Jewels opened neither did he receive one penny of the money neither was he in the Compting-House of Mr. Tryan That neither Col. Turner's Wife nor Sons knew of this Robbery only that they helped him to remove the money away on Saturday morning That the money was in the house on Fryday at night when the Constable and Marshal searched his house but they had hid them That Col. Turner being asked where the Jewels were on Saturday morning said he did deliver them at six of the clock to VVhite in both the Bags That the Carkanet of Rubies was not in those Bags That Col. Turner in the conclusion confessed That he had not done that he did but that he did lately understand that another person was made Executor and that he was resolved to have somewhat After Colonel Turner his Examination Sir Tho. Alleyn told Colonel Turner that the first part of Repentance was Confession the second Restitution and he being a Convict Person and in all probability not likely to continue long in this world it were much better for him to restore what was another mans then to think to enrich his Wife and Children by leaving them that which he knew was none of his and that one peny of his own Estate left him would continue longer with him then a pound of another bodies and thereupon he was pressed to restore Mr. Tryan the rest of his money and the Carkanet of Rubies and Diamonds yet in his custody This had such a present influence upon Mr. Turner that he said he would immediately go and fetch the Carkanet which he accordingly did and delivered the same into the hands of Sir Richard Rives one of the Sheriffs January the 19th in the evening Clerk Set James Turner to the Bar. James Turner hold up thy hand Thou standest here convicted of Felony and Burglary for the felonious stealing of the goods and money of Francis Tryan what canst thou say why the Court should not give thee Judgement to die according to Law Cal. Turner My Lord I humbly desire your Honour and the Honourable Bench you would be pleased to grant me a Reprieve J. Howel That we cannot do the Court must give Judgement upon you if you can by any means prevail with his Majesty to do it you may use your interest but the Court cannot do it Col. Turner I desire your Honours I may be transported J. Howel That likewise is in the power of his Majesty that he may do if he please it is not in the power of the Court we have nothing to do but to give Judgement Col. Turner You do it with others J. Howel No not in this case of Burglary but leave that to his Majesties meer mercy and grace Col. Turner My Lord I shall humbly desire that my Wife and the two Youths may be discharged J. Howel She is found Not Guilty and therefore she shall have her Acquital upon the discharge of the Jayl those that are acquitted they must be discharged if the Court do not see cause for their further detention Col. Turner I pray the young man and my Wife may be discharged J. Howel Whosoever are found not guilty must have their discharge according to Law Col. Turner My Lord I hope the Bench is satisfied about the young man J. Howel Say no more Col. Turner Your Honours humble servant Clerk Set James Turner to the Bar. J. Howel I must pronounce the Judgement of the Court which is That you go to the place from whence you came and so to that place of execution which shall be appointed to you by Authority there to be hanged by the neck till you be dead and the Lord have mercy on your soul Accordingly the said Colonel James Turner was drawn in a Cart from Newgate to Lymestreet end in Leaden-hall-street the 21 of January and was there executed on a Gibbet erected for that purpose FINIS Advertisements A New Survey of the Turkish Empire and Government their Laws Religions and Customes in a brief History deduced to this present time with the Reign of the now Grand Seignior Mahomet the fourth the present Emperour of that mighty Nation with a relation of the siege of Newhausel The second part of the New Survey of the Turkish Empire containing first the extent of his Dominions when and by whom conquered secondly an account of the Tartars thirdly the life of Mahomet the Impostor fourthly their Militia fifthly their Government Civil and Ecclesiastical sixthly the continuation of the History Being the most absolute and compleatest piece that ever was written of that Nation The original and growth of the Spanish Monarchy united with the House of Austria Extracted from those Chronicles Annals Registers and Genealogies that yeild any faithful representation how the Houses of Castile Aragon and Burgundy became knit and combin'd into one Body To which are added several Discourses of those Accessions and Improvements in Italy Africk with the East and west-Indies that are now annexed by alliance or conquest to the Diadem of Spain By Thomas Philpot M. A. formerly of Clare-hall in Cambridge All sold by Henry Marsh at the Princes Arms in Chancery-lane