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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
The Gentlewoman directed her to take them off L. Bridgman Some were taken off but it seems this was left on Here Turner spoke somewhat to the Jury L. Ch. J. Hide Pray Mr. Turner discourse not with the Jury your whispering will do you little good though I think they are honest men and will not be guided by you yet we expect the same carriage from you as from other Prisoners you shall have all the justice that may be Cole the Serjeant sworn L. Ch. J. Hide Speak your knowledge Cole On Saturday in the afternoon about three a Clock my brother and I arrested Collonel Turner in an Action of seven hundred pounds L. Ch. J. Hide At whose suit Cole At the suit of Thomas Lyon who with others was bail for him Turner It was only hearing of this foolery that caused it Cole My Lord we went to the Hoop Tavern he sent for Mr Tryons man that he should engage for this account that he might have his liberty to look after master Tryons business soon after came the Constable and he charged us to assist him to go before Sir Thomas Aleyn by and by I was saying Collonel Turner how could this house be Rob'd and none of the doors broke O said he I took a man in the Minories who has discovered it me he told me that one going into the Cellar in the Day-time lay there till night then went up Stairs found a Candle and light it went up to the Old Gentleman's Chamber took the Key from his bed-side and went down and let all the rest of the Thieves in the young man being there said it was well the maid and I was not at home we should have been killed no sayes he you would not have been killed only bound Turner As the Fellow told me L. Ch. J. Hide Did he not say nothing touching Mr. Tryons truth Cole He said that the Fellow putting his finger in his mouth to gagg him the Old Gentleman bit him and he strugling to get out his finger pul'd out his tooth L. Ch. J. Hide You are very perfect at it Mr. Turner every way Turner I my Lord I examined him every way Cole the Yeoman sworn My Lord I can say only what my Brother said before Tell it I arrested him c. And so related in the same manner his Brother did L. Bridgman Mr. Hill what do you know about breaking your own Desk Hill My Desk was safe locked and the Key in my Pocket I lost out of that Desk about fourty five pound of my own L. Bridgman Where did it stand Hill Upon a Table in the Ware-house the Jewels were in a Drawer under the Table in the Counting-house L. Bridgman How did you leave Mr. Tryons door Hill Double locked L. Bridgman Who had the Key Hill I had L. Bridgman Was there more then one Key Hill Alwayes two L. Bridgman Who had the other Hill The other Key was in my Masters Chamber L. Bridgman Mr. Tryon how was your own door opened Tryon I called some of my Neighbours and Mr. Vander Anchor came up to me it seems they had forced open the door with a Crow of Iron L. Bridgman The door of your Chamber do you mean Tryon No the Street-door L. Bridgman How was your Chamber door opened Tryon I never lock my Chamber door but pull it too L. Ch. J. Hide Mr. Hill the Counting-house where the Jewels were was that lockt Hill Yes and the Drawer I think was lockt sometimes he does and sometimes he does not lock it L. Ch. J. Hide Was the House doors open or no Hill Before I came the Neighbours had broke open the Door L. Ch. J. Hide Mr. Tryon were your Counting-house and Till where the Jewels lay lockt Tryon Ever my Lord. L. Ch. J. Hide That night Tryon Yes my Lord. L. Ch. J. Hide Was it opened with a key or broken open Tryon I know not how it was opened my key was among a bunch of keys Peter Vanden Ancor sworn L. Bridgman When Mr. Tryon cryed out you came in did not you Vanden Ancor Yes my Lord. L. Bridgman How did you find him Vand. I was lately come home my Daughter heard a great voice of murder and robberies I went out and some of the neighbours were breaking open the door and I was the first that went into the house and so I went presently up to master Tryons Chamber and found him bound with this rope and put it into my pocket and searched about the house and several neighbours came in Chaplain sworn I was at the door with master Vanden Ancor we went into the Warehouse and Comptinghouse and all open Cash was taken away without any breaking Sayes master Tryon all my mony is gone 1000. and odd pounds several pieces of plate were there lest We went up with master Tryon and sent for a Chyrurgion to dress his thigh by this time his man came in I a-ked him where he had been sayes he I have been at Collonel Turners at supper Where is the maid sayes he She is fallen into a swound some maids came home with her I asked her where she had been she said At one Chamberlins a Goldsmiths said I to her the man sayes one thing and you another A little after comes in Collonel Turner with his Lanthorn and his hair turned up under a Cap and there he made a great bus●le I went to Chamberlins to inquire touching the maid he said They had been there with a Dancing master I went to master Tryons again We asked him who he thought bound him he named one Chrismas but I knew him not Lord Mayor Did you not find any door that you observed to be broken Chaplain No but all opened with keys Mr. Chrismas sworn My Lord I know little of the business about two a clock on fryday morning there comes a Constable and other people and knockt at my Ware-house doors the mans servant of the house rose up and asked them who they would speak with they said they would speak with one Chrismas hearing my name I rose up I asked what was the matter they said they must have me to master Tryon he was rob'd if he was said I it doth not concern me they told me I must go to master Tryon I said he was not a civil man to send for any at this time of night out of their beds then an other Constable came and said He would break open the doors said I I am not afraid to come to you I am not the man you take me to be Nothing would satisfie but I must go I told them I would and then they took me into their charge carried me to the Exchange L. Ch. J. Hide Who besides the Constable Chrismas Two young men that I know one Bagualls man and Brownings man they told the Constable I was a man of repute and an honest man and my word would be taken at the Exchange for many 100. pounds after that they intended to
Mr. Tryon shall let him go shall not meddle with him there shall be no Prosecution so the Jewels and money may be brought would not you get Mr. Tryon to conceal a Fellony and Fellon and he confess against himself he made this agreement with you that Mr. Tryon did consent to it that he promised you five hundred pound to shuffle up this business Tur. Here me pray you put me out I had not let this man go I begged that they would go with me Sir Thomas Alleyn would not let us go we would have taken him I was sencesible of the danger it may be we might have had the Fellon and the Goods too Lo. Ch. J. Hyde No doubt upon your own story all this while you had no possibility of having the goods unless the life of this fellow may be given you so you were faint to agree and plight your word to him pawn your soul that he should be free untouched so he would discover the Goods and moneys Sir Thomas Alleyn speak to that particular again Sir Thomas Alleyn My Lord and Gent of the Jury He tells a long story that he was kept abroad tell seven a Clock at night I do verily beleive he was brought to Mr. Tryons at five a clock and there he kept us till seven and all he would do was he desired to go himself or with one person at the most or else we shall lose all the Jewels saith he for two souls are pawned he did not in the least argue the taking of the Theif I must say this when I came to him on Munday he said if I had sent a good Guard we might have taken the Thief said I a Lyer had need have a good memory then you must onely go your self or with one person he hath told you that I said there should be no prosecution I said onely this whatever Mr. Tryon had promised you I knew not but if you expect favour let the Old Gent have his Jewels again Sir Tho Chamberlane I heard no such thing L. Bridgman What did he tell you Sir Tho. Chamberlane He would have gone with one with him and pretended he could find out the Jewels onely Mr. Millington There were some propositions made he desired first I should go with him singly I told him there would be no security but if he would get a sufficient Guard I would go with him but he went home to his wife and never made mention of any parties name but that there was a party he expected the Jewels of L. Bridgeman Did he propose any thing touching the taking that man Millington Nothing but that he had pawned his soul there should be no discovery of it L. Bridgeman did he desire that you should go and take the man Millington No but that we might go and secure the Jewels Sergeat Cole My Lord there was a great deale of danger we are bayl for Eight hundred pounds if he had been taken away we are all undone he onely propounded of having the Jewells and nothing of the man Mr. Gurney I understood you Col. Turner only for the Jewels and not for the man Mr. John Marshal My Lord he did move Sir Thomas Allein that I might go with him to White-Chappel and about Tower-hill I told Sir Thomas it was very unsafe for me to go being late and out of the Liberties though I was a Constable I could not command assistance there and entreated Sir Thomas to excuse me I thought it not safe for him he did then repeat the engagement of his soul to the theif and of Tryons to him Lord Bridgeman Did you ever hear him say desire or propose that you should goe and take the Theif The Marshal No my Lord it was to get the rest of the Jewels Alderman Smith Do not you know that I spake to you again and again and advised you by all means to le ts know where this man is that I would go my self or any of these persons present you utterly refused it and said there was two souls pawned and you would not discover it Turner That was at first afterwards I mentioned them all L. Bridgeman For what Turner To take the Theif L. Bridgeman You see not any man testifie any such thing Cole Yeoman Sir Thomas Allein called my brother and I both in the room to him and the Marshal and his man and said Col. Turner would have us go without the Liberties for these Jewels I think saith Sir Thomas Allein it is not safe to go out of the Liberties Mr. Marshal said the same he desired us to go with him but Sir Tho. refused it Lord Bridgeman This is a notable piece of Cunning when he was moved by Alderman Smith and others all this while he names no man but now he was under an Action he would have them go with himself out of the Liberties and yet never saith a word to take the man he knew very well it was out of the Liberties Truly I think if Sir Thomas Allein had done it I should not have taken him to be Sir Thomas Allein did you desire any of them to go with your Wife Marshal He denied us to go with his Wife his token was this the Theif would meet no man Turner My Lord to the business now I am here Indicted for Burglary It appears to your Honours and the Bench that it was ten of the clock when my Sons came from my Lord the Marquess of Dorchesters house said I You Knaves you what do do you out so late said they It was past nine before we had done and my Lords Gentlemen made us stay Supper they were all in their beds at a little past ten of the clock you hear what Mosely the Constable faith he finds us sleeping in the house how should this burglary be laid on me I am indicted here for burglary and that I cannot be for that I was at home L. C. J. Hyde Have you done Tur. I my Lord. Lord Chief Justice Hyde William Turner what say you you see what is laid to your charge first you are a person of loose life there were two at his Bed-side he beleives you to be the person that gagged him and helped to bind him William Turner I was never in his house in my life til with Sir Thomas Alleyn Lo. Ch. Ju. Hyde Where were you Will. Turner At home L. C. J. Hyde Make that appear Wil. Turner I have none here L. C. J. Hyde He saith it was a man as like you as can be Will. Turner And I am as innocent as may be L. C. J. Hyde John Turner that which is against you is this you on Saturday morning very early was busie with your Father and Mother in the removing the money and then when you had notive that you would be apprehended you got away John Turner Sir I did not know who it was that was come whether to apprehend or upon any other score but the woman speaking to me flee for
your life or such expressions made me go away I know not how Lord Chief Justice Hyde Did not you bring some mony John Turner I Did my Lord. Lord Chief Justice Hyde How much was brought at that time John Turner I carried away two Bags to Wild. L. Ch. Just Hide Did you know him John Turner Yes my Lord. L. Ch. Just Hide Did you carry these to Weild on Saturday-morning Did not you carry them to Fryes house John Turner We took them afterwards from the house where Weild appointed us to meet L. Bridgeman At what time of the day did you carry them back to Weild John Jurner Before Sir Thomas Allen came that day I was coming for more L. Bridgeman To what place John Turner At Tewer-Ditch L. Bridgeman At what house John Turner No house but I delivered then at Tower-Ditch L. Bridgeman At what time of the day John Turner It was before Sir Tho. Allen came about 8 or 9 of the clock in the Fore-noon L. Bridgeman Was there no people there who was there John Turner I cannot tell I saw several other persons L. Bridgeman Did Weild stand in the street John Turner Yes L. Bridgeman How came you to know him John Turner By my Fathers direction and I had seen the man at our house that morning when he brought in the money L. Bridgeman Whereabouts was it near the Quest-house that is the great house that stands in the middle of way John Turner It was hard by the signe of Noah's Ark. L. Bridgeman This is a likely story to be believed that you should in the day-time between eight and nine in the morning meet in the Tower-Ditch that man that was a noted Thief that had been in Newgate that you should tarry for this man to receive two Bags of money see how it hangs together L. Ch. Just Hide How often did you go John Turner Twice Hide How much at a time John Turner A single Bag. Hide Had you a Coat or Cloak John Turner Just as I am now Hide Had Weild a great Black Coat and what did he do with the money John Turner I know not but I delivered one in the street and then went and fetched another and he staid ready for it L. Bridgeman Was this all the money that was brought in the morning save that that Sir Tho Allen brought away John Turner It was all to my knowledge Sir Tho. Allen. Colonel Turner confessed to me on Thursday-morning that more came unto his house but that Rogue Weild took it away L. Bridgeman How much Sir Tho. Allen. About 200 l. L. Mayor How many turns did you make when the money was carryed from your Fathers house to the Mynories John Turner Twice L. Mayor Who went first John Turner We went both together L. Mayor How much was carryed between you both John Turner The first time I carryed 200 l. as I can judge L. Mayor Who carryed any more John Turner My Father Sir O. Bridgeman What did you bring the second time John Turner 300 l. L. Bridgeman William one thing more What was the occasion of meeting you and James Turner at the Ale-house VVill. Turner I did not meet him my Lord. L. Bridgeman You came thither and called for a Pot of Ale and said you staid for Colonel Turner W. Turner It is not right I onely asked if Col. Turner used the Horse by and by he came and paid for the pot L. Bridgeman You two went together what was the occasion of your meeting together Col. Turner Finding him there I said I could not drink with him and so we parted W. Turner I called for a pot of drink and having no money to pay for it Colonel Turner coming by I called him in and desired him to pay for it which he did L. Bridgeman The Boy swore you said you staid for Col. Turner can you justifie you were at home or in any other place it is a great supition the old Gentleman charged you to be very like the man and you can give no account where you were and Turner and you met together the day before W. Turner I was at home L. Mayor William Turner when did you shave your Beard last W. Turner Before Christmass L. Mayor Who shaved it for you W. Turner A Barber in Golding-Lane L. Mayor When his hair is shaved off his chin the other man whose Name is Christmass being a smooth-chinn'd man it 's very possible that might beget the mistake in Mr. Tryan L. Ch. Just Hide You of the Jury it is high time to let you go together to consider your Verdict we will trouble you no more in this business to day Here is an Indictment against James Turner John Turner and William Turner for a Burglary in breaking the House of Mr. Francis Tryan in the night-time and taking away a great deal of Money and Jewels you have heard it particularly named it is likewise charged That Mary and Ely knowing of John to have committed this Felony and Burglary did comfort and abet him afterwards I shall speak to them two first Mary the Wife of James Turner though it appears all along that the had a hand in this business yet nothing appears at all but doing only that which her Husband had directed then by Law she cannot be accessary for committing of Felony For Ely the other accessary did not observe in the whole course of the evidence any thing at all against him that he was privy to any thing at all for that of the carrying of the money it appears to be John for them two Mary and Ely nothing is fastened upon them then the matter is to James John and William Turner I hope and I am sure you are nearer and you take notes of what hath been delivered I have not your memories you are young and no persons better you are men of understanding I need not repeat particulars to you thus much I must say in the general That it is not alwayes necessary but for that I shall desire my Lord Bridgeman to declare it to you A man may be guilty of a Burglary though he be not in the place in the room where it was committed or thus if three or four men come together with purpose to rob a house two go in and do the seat and the rest stay without to see no body comes to prevent or to receive one or other coming to that purpose those that are without the House are as guilty of the Burglary as the other that went in no man will deny the Law to be so Then weigh your evidence it appears by the Coach-man that he saw four men that had Handkerchiefs about their necks two upon one side the other two upon the other side of the door though there were but two appeared to Mr. Tryan yet there being four in company and Mr. Turner himself tells ye that by the story from his Intelligencer there was three or four whom they were or whether there was any