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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
of St. Andrew Undershaft in the Ward of Aldgate feloniously did receive comfort and maintain against the Peace of Our said Sovereign Lord the King his Crown and Dignity How sayest thou James Turner art thou Guilty of the Felony and Burglary whereof thou standest indicted or not Guilty Col. Turner My Lord and the honourable Bench I shall no way be refractory nor do any thing that doth not become a Gentleman but I humbly beseech your Honours that you will stand my friend that I may have Justice and your Honours opinion L. Ch. J. Hide You are to plead now to your Indictment Col. Turner I do not refuse it my Lord I beg your Honour to hear me a word L. Ch. J. Hide Plead to the Indictment then say what you will till that be done all you can say will signifie little we are to receive your Answer to your Plea first afterwards say what you will you must now say Guilty or not Guilty Turner I shall not refuse to plead but I beg my own Goods may be restored to me my House my Lord is locked up and Children turned out of Dores and I have nothing to support us L. Ch. J. Hide Are you guilty or not guilty You shall have right done you Turner I will take your Honours word for it I am not guilty Clerk How will you be tryed Turner By God and the Countrey Clerk How sayest thou John Turner art thou guilty of the Felony and Burglary whereof thou standst Indicted or not guilty And so William Turner and likewise Mary Turner and Ely Turner as Accessaries Being demanded the like questions severally pleaded not Guilty and put themselves on God and the Countrey to be tryed L. Ch. Just Hide Now Mr. Turner let us know who his seized any thing of yours Turner The Sheriffs Sir Richard Ford and Sir Richard Rives and they are in possession of my house I have none but a Child of 7 and 9 at home and have not a Shirt to Command It 's true the Sheriff Sir Richard Ford was so civill Yesterday as to give me some Linnen Sir Rich. Ford. I shall give your Lordship an account of this I suppose my Lord we have done nothing but what was customary a Seizure we have made now but after we had heard this Gentleman was committed for Felony and Burglary and that none but Children were in the house my Lord we thought it our duty both for his good to secure his Estate if acquitted and so for the King if convicted that so the same might not be imbezel'd and thereupon caused an Inventory to be taken thereof But my Lord we dispossessed none it is true we have left a Servant or two for whom we are and must be responsible what ever they would dispose or had occasion for they had it without contradiction we offered him that if he had any friend of his own that would undertake them to be forth coming in case he were convict we would leave them in possession of them we have made no Seizure what we have done is according to custome if we have not done that which your Lordships approve of we beg your pardon L. Ch. J. Hide We are to look to that which is according to Law the goods of a man that is accused of Felony he is but only so yet he forfeits none of his goods till convict more than that he is to live upon them during his Tryall but on the other hand where a man is accused of Felony and Indicted for it it is but prudence and agreeable to Law to take care the goods be not imbezel'd because if a conviction follow they are forfeited to the King therefore the Sheriffs have done but what they ought to do they are not taken from you what you have occasion for either for Money or Goods to turn into Money for your present supply till your Tryall be over God forbid but you should have it and you shall have it if you have any friend that will undertake the Goods shall be forth coming for the King in case you be convicted or for your self if acquitted it shall be done in the mean time what you have occasion for your self Wife or Children God forbid but you should have it and this is as much as by Justice you ought to claim Turner I submit to your Honour and I beg of your Honour and the Bench to be of Counsell for me for though the world looks on me as a Solicitor it is a mistake my Lord it is not in Law I am a stranger to it it has been only in dealings for moneys by purchases and the like But my Lord I am informed your Lordship may restore me these Goods without Security if the Law directs Security I am ready to give it L. Ch. Just Bridgm. For that that you may not mistake the Law it is very true the words of the Statute of Richard the 3d. sayes a mans Goods shall not be Seized before Indicted you must understand the difference of the Law that has made the mistake it was then good but not now then a mans course was to Indict them and Processe against them before committed but now it is altered for when it remained indifferent whether Guilty or not Guilty he was to be maintained out of his Goods so ought you and your Family for the Town being answerable for the Goods of such a Felon that they might not be amerced in such cases sufficient Sureties were given the Statute of Philip and Mary that gives the power of commitment by Justices of Peace and so now it is quite altered and though they cannot seize the Goods yet they being responsible for them they ought to have good Security Sir Rich. Ford. I do assure your Lordships that from the very first hour we put our people into the house none of his Family there then or now have been denyed any thing in the house if I be not misinformed that very night that he was committed there was conveyed out of his house for his use and his occasions some say 200 l. they that say least say 100 l. they have had a free Disposal of what was in the house and then my Lord could we do lesse then what we have done Turner I would have made a short businesse of this I tendred Security of 5000 l. to their own content they excepted of the persons but one standing by said by no means and so it is still undone If you please I have Security now L. Ch. J. Hide There needs not much a-doe for Security if your Tryall was not to be presently then there were cause for you to insist on this but now there is but one night if you want any thing for this night the Sheriffs here offer you what you will to morrow will determine the Question whether these Goods are yours or no. Turner I will submit to the Court I wil not be refractory here is Security if you please if not I
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