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A63143 The Tryal and condemnation of George Borosky alias Borotzi, Christopher Vratz and John Stern for the barbarous murder of Thomas Thynn, Esq. together with the tryal of Charles John Count Coningmark, an accessary before the fact to the same murder who was acquitted of the said offence : at the sessions in the Old Bailey, Tuesday February 28, 1681. Borodzycz, George, d. 1682.; England and Wales. Court of Oyer and Terminer and Gaol Delivery (London and Middlesex). 1682 (1682) Wing T2141; ESTC R27541 78,371 62

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March 1. 1681. WE do appoint THOMAS BASSET to Print the Tryals of Charles John Count Coningsmark George Borosky Christopher Vratz and John Stern for the Murder of THOMAS THYNN Esquire And that no other Person presume to Print the same JOHN MOOR Mayor FR. PEMBERTON THE TRYAL AND CONDEMNATION OF George Borosky alias Borotzi Christopher Vratz and John Stern FOR THE BARBAROUS MURDER OF Thomas Thynn Esq Together with the TRYAL of Charles John COUNT CONINGSMARK As Accessary before the Fact to the same Murder Who was Acquitted of the said Offence At the Sessions in the Old Bailey Tuesday February 28. 1681. LONDON Printed for Thomas Basset at the George near St. Dunstan's Church in Fleetstreet 1682. Thomas Thynn of Long Leate in Com. Wilts Esq r. who was Barbarously Murdered on Sunday y e 12 th Feb 1681 2 THE TRYAL OF George Borosky alias Boratzi Christopher Vratz John Stern and CHARLES JOHN COUNT CONINGS MARK On Tuesday the 28th of February 1681. The Sessions of the Peace for the City of London and of Oyer and Terminer for the City of London and County of Middlesex which was adjourned over till this day was held at the Sessions-house in the Old Bayley And there having been an Indictment found at Hicks's hall by the Grand Jury for the County of Middlesex against Charles George Borosky Christopher Vratz and John Stern for murdering Thomas Thynn Esq and against Charles John Count Coningsmark as accessory before the Fact the said Persons being in Newgate were brought to the Barr to be Arraigned and Tryed And they being Forreigners and Interpreter was sworn to acquaint them in a Language they understood what they were Accused of Cl. of the Crown CHarles Borosky hold up thy hand Which he did Christopher Vratz hold up thy hand Which he did John Stern hold up thy hand Which he did Charles John Coningsmark hold up thy hand Which he did Tou stand Indicted in the County of Middlesex by the Names of Charles George Borosky late of the Parish of St. Martins in the Fields in the County of Middlesex Labourer otherwise called George Boratzi of the same Parish and County Labourer Christopher Vratz of the same Parish and County Gentleman John Stern of the same Parish and County Gentleman and Charles John Coningsmark of the same Parish and County Esquire otherwise called John Coningsmark of the same Parish and County Esquire For that you the said Charles George Borosky alias Boratzi Christopher Vratz and John Stern not having God before your Eyes but being moved and seduced by the Instigation of the Devil upon the Twelfth day of February in the Thirty Fourth year of the Reign of our Sovereign Lord King Charles the Second with Force and Arms in the Parish of St. Martins in the Fields in the County of Middlesex aforesaid in and upon Thomas Thynn Esquire in the Peace of God and our said Sovereign Lord the King then and there being Feloniously Wilfully and of your Malice afore-thought did make an Assault And that thou the said George Borosky alias Boratzi a certain Blunderbuss of the Value of Five Shillings the said Blunderbuss being then charged with Gunpowder and Four Leaden Bullets which said Blunderbuss thou the said George Borosky alias Boratzi in both thy hands so as aforesaid Loaden to and against the said Thomas Thynn then and there hadst and heldest And that thou the aforesaid George Borosky alias Boratzi knowing the Blunderbuss aforesaid to be so as aforesaid charged with Gunpowder and Leaden Bullets to and against the said Thomas Thynn then and there with Force of Arms Feloniously Wilfully and of thy Malice afore-thought didst Discharge and Shoot off And that thou the said George Borosky alias Boratzi with the said Leaden Bullets shot and sent out of the Blunderbuss aforesaid by the violence and force of the Gunpowder aforesaid And by thee the said George Borosky alias Boratzi so as aforesaid discharged and shot off the said Thomas Thynn in and upon the right-side of the Body of the said Thomas Thynn near the short Ribs of the right-side of the Body of the said Thomas Thynn then and there Feloniously Wilfully and of thy Malice aforethought didst Strike and Wound giving unto him the said Thomas Thynn then and there with the Leaden Bullets aforesaid so as aforesaid shot and sent out of the Blunderbuss aforesaid by force and violence of the Gunpowder aforesaid by thee the said George Borosky alias Boratzi so as aforesaid discharged and sent out in and upon the right side of the Body of him the said Thomas Thynn near the short Pibbs on the right-side of him the said Thomas Thynn four mortal wounds every one of them of the breadth of one Inch and of the depth of six Inches of which said mortal wounds be the said Thomas Thynn from the said twelfth day of February in the 34th year aforesaid unto the thirteenth day of the same Moneth of February at the Parish of St. Martins in the Fields aforesaid did languish and lived languishing On which said thirteenth day of February in the 34th Year aforesaid he the said Thomas Thynn at the Parish of St. Martins in the Fields aforesaid of the mortal wounds so as aforesaid given dyed And that you the said Christopher Vratz and John Sterne then that is to say at the time of the Felony and Murder aforesaid by the said George Borosky alias Boratzi so as aforesaid feloniously wilfully and of his malice afore-thought done and committed then and there feloniously willfully and of your malice afore thought by force and arms were present aiding comforting abetting assisting and maintaining the said George Borosky alias Boratzi the Felony and Murder aforesaid feloniously willfully and of his malice afore thought to do and commit And so you the said George Borosky alias Boratzi Christopher Vratz and John Sterne the said Thomas Thynn in manner and forme aforesaid feloniously wilfully and of your malice afore-thought didst kill and murder against the Peace of our Sovereign Lord the King His Crawn and Dignity And that thou the said Charles John Coningsmark before the Felony and Murder aforesaid by the said George Borosky alias Boratzi Christopher Vratz and John Sterne in manner and forme aforesaid feloniously wilfully and of their malice aforethought done and committed to wit the said Twelfth day of February in the 34th Year aforesaid at the Parish of St. Martins in the Fields aforesaid them the said George Borosky alias Boratzi Christopher Vratz and John Stern the Felony and Murder aforesaid in manner and form aforesaid felloniously to do and commit feloniously willfully and of thy malice afore-thought didst stir up counsel perswade and procure against the Peace of our Sovereign Lord the King His Crown and Dignity L. Ch. Just Why you must read this to them now in their Language or else they can't understand it L. Ch. Just North. You that are the Interpreter tell them that you are going to Interpret the Indictment to them by
He excepts against slim too Cl. of Cr. Charles Beelow Interpret He says he looks like a man and he does not except against him And he was Sworn Cl. of Cr. Ralph Bucknall Esq Interpret He challenges him Cl. of Cr. Thomas Earsby Esq Interpret He challenges him too L. C. J. Look you Sir Nath. Johnson pray tell him he can challenge but Twenty Sir N. Johnson He says very well he will not do any more He desires the favour that those that he challenges may not come near those that are sworn L. C. J. Well it shall be so we will take care of it Cl. of Cr. Richard Gowre Esq Sir N. Johnson He excepts against him Cl. of Cr. George Hocknall Esq Interpret He challenges him But then the Count looking in his Paper retracted his challenge and he was sworn Cl. of Cr. Peter Vandenhagen Interpret He says nothing to him Then he was sworn Cl. of Cr. Walter Moyle Esq Interpret He does not challenge him He was sworn Cl. of Cr. Christopher Ripkey Interpret He does not challenge him He was sworn Cl. of Cr. Thomas Henslow Esq Interpret He does not except against him Then he was sworn Cl. of Cr. Lewis Doncarr Interpret He challenges him Cl. of Cr. Peter Lecane He did not appear David Collivaux Interpret He challenges him because he knew Mr. Thynne they say Cl. of Cr. Andrew Lodderley Interpret He challenges him Cl. of Cr. James Burk Interpret He challenges him Cl. of Cr. Daniel Griggion Interpret He does not challenge him So he was sworn Cl. of Cr. Robert Jordan Esq Interpret He challenges him Cl. of Cr. Lucy Knightley Esq Interpret He challenges him Cl. of Cr. John Haynes Esq Interpret He does not except against him He was sworn Cl. of Cr. Lewis le Count. Interpret He challenges him Cl. of Cr. John Belliew Interpret He challenges him Cl. of Cr. James Frontein Mr. Williams We challenge him for the King Cl. of Cr. John Massey Interpret He challenges him Cl. of Cr. Andrew Primo●● Interpret He challenges him Cl. of Cr. Nicholas Beufoy Interpret He challenges him He says they are all Walloons and therefore he challenges them L. C. J. Why does he except against Walloons Interpret Because they have always served against the Swedes Cl. of Cr. John Lebarr Interpret He does not except against him And so he was sworn Cl. of Cr. Cryer count these c. Sir Will. Roberts Bar. Jur ' Walter Moyle Esq Moses Charas Gent. Chr. Ripkey Gent. Richard Pagett Esq Tho. Henslow Esq Charles Beelow Gent. Dan. Griggion Gent. Geo. Hocknall Esq Joh. Haynes Esq And Pet. Vandenhagen Gent. Joh. Lebarr Gent. Then Proclamation for Information and Prosecution was made And a Chair was set for the Count at his Request Cl. of Cr. GEntlemen Look upon the Prisoners you that are Sworn and hearken to their Cause they stand Indicted prout in the Indictment mutatis mutandis against the Peace of our Sovereign Lord the King his Crown and Dignity Upon this Indictment they have been Arraigned and thereunto have severally pleaded Not Guilty And for their Tryal have put themselves upon God and their Country which Country you are Your Charge is to inquire whether they or any of them are Guilty of the Offences whereof they stand Indicted or not Guilty And if you find them or any of them Guilty you are to find what Goods or Chattels Lands or Tenements they had at the time of the Felony and Murder committed or at any time since If you find them or any of them Guilty you are to inquire whether they or any of them fled for it If you find that they or any of them fled for it you are to inquire of their Goods and Chattels as if you had found them Guilty if you find them or any of them not Guilty nor that they did fly for it you are to say so and no more and hear your Evidence But if you acquit any one of the Principals L. C. J. That is a mistake it must be all the Principals Cl. of Cr. If you acquit the Principals you are not to inquire of Charles John Coningsmark as accessory before Mr. Keene May it please your Lordship and you Gentlemen that are sworn of this Jury George Borosky alias Boratri Christopher Vratz and John Sterne the Prisoners at the Bar stand here Indicted for that they not having the fear of God before their Eyes but being moved and seduced by the Instigation of the Devil the 12th day of February in the 34th Year of the Reign of this King feloniously and voluntarily and of their malice aforethought did make an Assault upon Thomas Thynne Esq at the Parish of St. Martins in the Fields in this County and that he the said George Borosky having in his hands a Blunderbuss which he knew to be Charged with Four leaden Bullets did Discharge it at Mr. Thynne and gave him Four mortal Wounds of which Wounds he languished till the 13th day of February and then dyed And that they the said Christopher Vratz and John Sterne were there present aiding assisting and abetting him to commit the said Felony and Murder And so that they the said George Borosky Christopher Vratz and John Sterne did of their malice aforethought in manner aforesaid Murder the said Thomas Thynne And Charles John Coningsmark the other Prisoner at the Bar stands Indicted for that he before the Felony and Murder aforesaid so done and committed to wit the 12th day of February aforesaid did of his malice aforethought move incite counsel perswade and procure the said Borosky Vratz and Sterne to do that Murder against the Peace of the King his Crown and Dignity To this Indictment they have severally pleaded Not Guilty and you are to inquire whether they are Guilty as they are charged or no. Sir Francis Withins My Lord and Gentlemen I am of Counsel in this Case for the King against the Prisoners at the Bar. There are three of them Indicted as Principals in this Murder the fourth as Accessory before In this Case that is now before you Gentlemen I cannot chuse but take Notice unto you that a Murder of this Nature has never been heard of to be perpetrated upon English Ground both in respect of the Person Murdered and in respect of the Circumstances of the Fact For the Person Murdered a Gentleman of that Quality and Estate that he hath left but few equals behind him That this Man being in his Coach should be way-layed surprized Murdered and this Murder Committed in the midst of our Streets is that which works Amazement in all English hearts And our only Comfort upon this sad Occasion is that there is not one Native of this Countrey found amongst all those that are Accused to be Instruments in this Barbarous Fact I did Observe to you Gentlemen before that there are three named to be Principals Borosky whom for distinction sake I shall call by the name of the Polander Vratz who is called the