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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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secured for the use of his Wife and Children If you do believe all this that he hath said he was neither Principal nor Accessary to this Felony but Accessary enough to Weild but that 's not the present business it is whether upon all these circumstances the money having been found with them he being the man that brought the money and his Wife the Jewels whether you do believe the rest of the story he hath made for himself If you believe he had a hand in the business you must finde him as Principal I shall desire a little further direction suppose it were as he sayes that one was within and he opens the dore and lets in others if he himself was one that did come in I take it to be Burglary in them all it was an unlawful coming in So that upon all these circumstances first Whether you do believe that he had a hand in it or no or this fine story that is made Next Whether you do believe this was one that was there you must believe him guilty as principal But I leave it to you L. Ch. Just Hide To the last I say If one comes in by day with a purpose before-hand to rob the house by night if he opens the door which is almost impossible here because the man swears it was double-lockt it must be opened with a key if he opened the door and the rest comes in and robs him that is Burglary in them all Thereupon the Jury withdraw'd and after near an hours consultation they returned to the Court and took their places their names being called they severally answered Cl. of the Peace Are ye all agreed of your Verdict Jury Yes Clerk Who shall speak for you Jury Fore-man Clerk Set James Turner to the Bar. Look upon him how say you is he guilty of the Felony and Burglary whereof he stands indicted or not guilty Fore-man Guilty John Turner William Turner Mary Turner and Ely Turner were by the said Jury severally acquitted January the 19th In the morning the said William Turner was again arraigned and indicted for the Felonious stealing of 45 l. of the moneys of William Hill servant to the said Mr. Tryan and stollen in the said Robbery of Mr. Tryan but the tryal thereof was deferred till the next Sessions Afterwards some of the Justices of the Bench having received intimation that Lodgings were lately taken in Dukes-Place by the said Col. Turner William Turner and others for the carrying on of the aforesaid Robbery the said Colonel Turner and VVilliam Turner were severally examined by that worthy Gentleman Sir Thomas Alleyn who with great prudence hath managed this Affair who pressed several questions to the said Prisoners who sending their said design fully discovered declared as followeth The Examination and Confession of Col. James Turner and William Turner two of the persons in the Robbery of Mr. Tryan taken by Sir Thomas Alleyn Knight and Baronet in the presence of the Right Honorable Sir Anthony Bateman Knight Lord Mayor of the City of London Sir Richard Brown Knight and Baronet Sir John Robinson Knight and Baronet Sir Richard Ford and Sir Richard Rives Knights Sheriffs of the City of London the 19th of January 1663. THat the contriving and setting of this Robbery was wholly acted by Col. James Turner and that it was in agitation about Christmass last and should have been put in execution a week sooner but that the other Friend whom Col. Turner brought was drunk and one White who was one of the Actors would not venture his life with him That there were four persons that robbed him Col. James Turner William Turner White a Sollicitor and VVhite's Friend whose Name they knew not That upon Thursday the seventh day of January instant Col. James Turner VVilliam Turner VVhite and the other person whose Name they knew not met at the Red-Lyon in Bishopsgate-street near to St. H●lleus about three of the clock in the afternoon where they dined Col. Turner fetched a neck of Veal from the Cooks for their dinner and then they agreed to rob Mr. Francis Tryan who lives in Lime-street that night and went to meet again at the same House by six of the clock that evening but the room where they were to meet being taken up they went over to the four Swans or the Green Dragon and there they all staid till eight of the clock Col Turner did then assure them that the dores should be opened for that by his own confession he had got the impression of the key of the dore in Wax and had another key made by it but knew not the Smith that made the key From that place Col. Turner carried them to the New-Market in Leaden-Hall where they sate upon the Stalls for the space of half an hour and then he came unto them and told them the Man and Maid were now gone out and that now was their time Thereupon Col. Turner opened the door with his key and let them in then they went up the stairs Col. Turner leading the way he light a Candle in the Kitchin and went up into Mr. Tryans Chamber all four of them Col. Turner went near the beds feet the Curtains being drawn close VVhite and the other persons put a cloath into Mr. Tryans mouth stopt it and bound his feet and his hands Col. Turner brought down the Key of the Ware-House and the Counting House out of his pocket opened the Ware-House door and the Counting-House and took the Keys of the Iron Chest and took out the Money and the Jewels VVilliam Turner carried two Wallets with four Bags of Money as he conceives and Col. Turner said that the said VVill. Turner carryed four hundred pounds and VVhite carryed two Wallets more supposed to be four Bags of some hundred pounds Col. Turner and the other person carryed the rest of the Money only Col. Turner carryed away the Jewels in his two Bags That VVilliam Turner did not see any money but as they said it was money They did not stay in Mr. Tryans house above an hour That they carryed all the aforesaid Money and Jewels into a Lodging in one Nicholas Hickensons house in Lowsie-Lane in Dukes-Place which they hired some days before pretending it for the use of a Master of a Ship his Mate Purser and Boatswain They carried the money in about ten a clock at night when the Maid let them in they blew out the candle carryed up the Money and Jewels VVilliam Turner going under the name of Purser Col. Turner and VVilliam Turner came away that night and left the Money and the Jewels there the next morning Col. Turner fetcht away the Money and Jewels at five turns to his own house and saith that William Turner was to have a hundred pounds of the money for his pains VVhite and his friend twenty pounds apiece for their pains and Col. Turner was to have the rest That VVilliam Turner knew not of any of the Jewels nor VVhite none but
do not doubt but I shall find that out too we put them altogether and Sir Thomas Aleyn sealed them with his seal For the bags of money I saw them taken out and one being sealed with a small seal I put on both my Spectacles I found a Lyon Rampant at top in one of the quarters said I this is a seal of some great Person and then a letter was brought down and being compared I was satisfied in my Conscience they were alike Sir Thomas Aleyn told him he must make a Mittimus for him and his wife said she do you send me of your Errands you shall send some body else another time I thought it would come to this After much ranting and swearing I thought the Devil would have setched him out of the Room he said that he had better have kept the Jewels then to bring them sorth and to suffer for it himself for he had pawned his soul and would not reveal It and said that Mr. Tryon had likewise ingaged the like to him For the six hundred pound he offered his bond L. Mayor Pray repeat one part of your Evidence again that was that some body came to Mr. Tryons house from the house in the Minories charging Mrs. Turner to have been at that house Sir T. Chamb. I said that before Turner came in with the Jewels Sir Thomas Aleyn had received a little note wherein was affirmed that Turner and his Wise had been there with which she was acquainted and swore and took on she was a Whore for she was not there S. T. Aleyn When I examined Mrs. Turner she would own nothing Why said I will you deny this which is so apparent that you were there the maid told you so now you denyed it when I charged you with it Mrs. Turner I did not it 's false what did Turner Prethee be patient dear Mal come sit thee down S. T. Aleyn I asked Mrs. Turner whether she knew of any money carried to the Minories that day she said she knew of no money at all and said she was a whore that that said it Mrs. Turner They put it to me that I knew who brought the money to my house and that a Woman acquainted them so I said she was a lying Whore that said so L. Ch. J. Bridgeman Mr. Hill what time of night did you go out that night Hill It was 7 or 8 a Clock L. Ch. J. Bridgeman Was the dore locked Hill Yes L. Ch. J. Bridgeman Did you carry the Key with you Hill Yes L. Ch. J. Bridgeman Was there any more Keys Hill There was another above in the Chamber by my Master's bed L. Ch. J. Bridgeman Did you find that other Key when you came back Hill Yes L. Ch. J. Bridgeman In the same place Hill I know not that L. Ch. J. Bridgeman Mr. Hill you have been acquainted with some Transactions between Mr. Tryon and Turner was he not employed about a Mortgage Hill Two or three L. Ch. J. Bridgeman Was not the Names of some persons given to you to that purpose Hill We have two or three Mortgages my Master lent him so much money upon We heard of one man but whether he gave Order to Mr. Turner to take so much money upon the Land we know not L. Ch. J. Bridgeman Mr. Tryon have you inquired after the persons Tryan No my Lord I did beleeve all was true Garret I have enquired after Sir Theophilus Gilpin but cannot find that he has any Estate in England Turner My Lord Gilpin onely assignes a Judgement of Wescott's L. Ch. J. Bridgeman Then if Wescott be good it is sufficient you should inquire after him Sir Thomas Aleyn My Lord John Turner his Son there fled away from me when I came to the House in the Minories L. Ch. J. Bridgeman Why did you flie away John Turner I did not Sir Sir Thomas Aleyn No! You ran away as fast as you could you got over a ditch John Turner My Lord a Woman cryed out Get away and save your life and I not knowing what the matter was I went away Coll. Turner Poor Boy he thought Thieves had been coming and affrighted him Sir Thomas Aleyn As to Ely Turner I examined him upon the Sunday the day after his Father was committed he would not confesse the carrying of any Money and the Maid swearing it I committed him also Coll. Turner What 's that of Ely Upon my Soul the Boy carried none John Turner I carried vvhat vvas carried Coll. Turner My Lord one Son is as dear to me as the other but if either be more it must be my eldest but yet I must say it vvas John my eldest Son that carried the money Sir Tho. Aleyn My Lord William Turner vvas brought before me on Tuesday or Wednesday Sir Rich. Brown sent out his Warrant for him being a person of evil name and likely to do such a fact Being taken he vvas brought before me My Lord vvhen Mr. Tryon looked upon him he suspected him I examined him vvhen he savv Coll. Turner he said not these three years not to speak to him and yet one at the Cock behind the Exchange said this William Turner staid for Coll. Turner at his house tvvo hours that Coll. Turner came in paid for the Pot of drink and for ought he knevv they both vvent together thereupon I committed him In the Afternoon I ordered this person to send his Servant one came and made Oath that he came in and inquired for Coll. Turner asked for him staid tvvo hours for him that they vvent both out of the house together and this vvas on the Wednesday the day before the Robbery William Dawes sworn All that I can say is this William Turner was at my house on Wednesday was seven-night last comes in and called for a Flaggon of Beer there comes in a Customer of mine sayes he to me What do you with such a Fellow in your house have a care of him he is a dangerous fellow presently after Col. Turner came in and paid for a Flaggon of Beer and went away Col. Turner I drank not with him did I Dawes Not that I saw L. Ch. J. Bridgeman Sir Tho. Aleyn Did not this William Turner deny that he had seen Col. Turner lately Sir Tho. Aleyn He said positively he had not seen him these Three years so as to speak to him said he was grown too high for him John Rowse Dawes Servant sworn L. Ch. J. Bridgeman Do you remember when Will. Turner was at your Masters house which is he Rowse That 's he pointing to William he was there upon Wednesday the 6 of this month L. Ch. J. Hide Did James called Col. Turner come there then Rowse He came and said he staid for the Col. and by and by the Collonel came L. Ch. J. Hide When he came what did they Rowse He went to the Bar and paid the reckoning L. Ch. J. Hide What time of the day Rowse About 12. or 1. a Clock L.
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
Ch. J. Bridgeman Did you ever see them both there before Rowse No I never see them-together before but several others have inquired for Col. Turner at our house L. Ch. J. Hide By the Oath you have taken Did William Turner say he staid for Col. Turner and that after Col. Turner came he paid for the Drink and they both went away together and this on the Wednesday Rowse Yes Sir it was so Col Turner My Lord I left him there he followed me to the Exchange about his Arrears as Twenty poor Gentlemen doe Mr. Garret Mr. Watcher Mr. Pilkinton and Mr. Peter Cully Sworn Mr. Cully My Lord and Gentlemen of the Jury I was at Mr. Tryon's this day seven-night as I came from him I met Sir Thomas Aleyn Col. Turner and Major Tasker comeing up Stairs they asked who was there with Mr. Tryon I told them no body Turner desired earnestly they would stay a little for sayes he Before God you will spoil all the businesse by and by after he had been a little time with Mr. Tryon he comes forth again he takes up the Bags of money sayes he these belong to me this is not Mr. Tryon's money he carries it to the old Gentleman he comes into the room sayes he Gentlemen you may be all gone the old Gentleman is satisfied his money and jewels shall be forth coming by Five a Clock this Night Persons of quality are concerned in the businesse and the old Gentleman will not prosecute I asked Col. Turner why was the money carried from your house to the Minories he said there was none and did affirm it with an Oath When the Bags were taken out of the Wallets upon comparing of a Seal of one of the Bags with the Seal of a Letter produced I found them the same That 's all I can say Mr. Watchter My Lord last Saturday between 12. and 1. of the Clock came Col. Turner on the Exchange and said that Mr. Tryon should have all his money and jewels by three of the Clock that Afternoon and if any man could say that he lost Six pence of his money or six penny worth of his Jewels he had two Fellowes in custody that should suffer for it and asking him why the money was that morning removed from his house to the Minories he said with a great Oath the money was never in his house Mr. Garret When Coll. Turner brought home the money he took up one of the Wallets and said Jack take notice this is my money L. Ch. J. Hide Where was this Garret In my Cousen Tryon's house and that he only left it with my Cousen Tryon when we looked over this money in the Evening we found that Seal that this Gentleman pointing to Mr. Cully hath spoke of it was a little defaced but yet apparent enough Turner I did say so my Lord he speaks truth Mr. Pilkinton Sworn I can say no more then hath been said already I shall repeat it Being at the Hoop Tavern with Mr. Tryon's man and others with the Officers we were discoursing of his Robbery and I was saying that I admired he being so ancient a Gentleman they would use him so barbarously as hath been related said Coll. Turner in that they went beyond their Commission they had no order for it and being asked how they got into the house he said one got into the Cellar in the day time and so related it in the same manner as several Witnesses before being asked how his Tooth came to be beaten out sayes he it was not with a blow but the mans finger being in his mouth he closed his teeth and strugling to get out his finger his knuckle thrust out the tooth and then Mr. Tryon's man saying if he and the Maid had been at home they should have been kill'd No said Turner you would onely have been bound L. Ch. J. Hide Now Mr. Turner you have heard your Charge you will do well to make an answer to it you see what is laid to your charge Turner I my Lord I shall clear it all every Syllable of it Mr. Martin's Coach-man was called and Sworn L. Bridgman Tell the Jury what you know did you see any people about Mr. Tryon's house upon Thursday night Coach-man I did my Lord I was come by from the Play-house with my Coach I saw four men two on one side of the dore and two on the other side every one had a Handchercheife tyed about his neck and every one of them had a good Cudgell in his hand L. Bridgman What time a night was that Coach man About eight or nine a Clock at night Lord Mayor Was their faces turned towards Mr. Tryon's dore as if they were to go in or to knock Coach-man No Sir two stood towards Fenchurch-street and two stood toward Leaden-hall-street I did suspect such a businesse for they pulled down their hats over their faces L. Ch. J. Hide What kind of Cudgels had they Coachman Sticks somewhat bigger then Walking-Staffs Mr. Tryon looking upon William Turner at the Bar said This man whose name is as I understand William Turner I do suppose to be one of the two that was in my Chamber at the Beds side and that indeed did strike out my Tooth I asked him why do you use me so inhumanly like a Beast and not like a man I am quiet what would you have sayes he Be still you shall not lose a hair of your head L. Ch. J. Hide You believe that to be the man Tryon I would be loath to charge him but he is as like him as any ever I saw L. Ch. J. Hide Had they either Vizors or Masks on Tryon Nothing my Lord bare-faced one said to the other it 's but past a 11 of the Clock else I had not known it I was asleep with Surprize amazed being an ancient weak man L. Ch. J. Hide As neer as you can conjecture is that the man Tryon Yes both of face and pitch Lord Mayor Mr. Tryon Did you observe those persons that were at your bed-side whereof 〈…〉 Handkerchiefs or Crevats about their necks Tryon My Lord I did not take notice of time 〈…〉 remember it L. Ch. J. Hide You hear your Indictment that you and William and John are Indicted for the Felony and Burglary for breaking and entring into the house of Mr. Francis Tryon and stealing the particular Goods and Money as you have heard I would propose this to you to make your defence touching your Charge which first that you and William met the day before he came in first and said he staid there till you came you came and paid the Reckoning and went away you two were together the day before what your business was you can better tell than I. The night he was robbed his Servant being gone the dore was double locked you knew all the private places where the Keys lay all the rooms wherein Cash Jewels where every thing was and it was not possible this
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