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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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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
carry me to master Tryon and the Constable of Broadireet carried me to the Counter there I was till ten a clock and then the Constable and Turner came to me Turner asked me what Justice I would go before I told him it was indifferent to me Sir John Frederick or the next Sir Richard Brown or before Sir Tho. Aleyn Sir John Robinson all one to me whom I go before but I think it most convenient to go before Sir Thomas Adams because he lives in the same parish wit Mr. Tryon we went there and no man charging me Sir Thomas discharged me but desired me I would go over to Mr. Tryon L. Bridgman I observe this Gentleman was of a pretty bulk somewhat corpulent and so is Mr. Turner Turner My Lord I humbly beg I may have a stool to sit down I am troubled with the Gout L. Bridgman You may have one Mr. Millington sworn My Lord I came to Mr. Tryons on Saturday in the afternoon about the evening and being sent for to come with Mr. Turner he told me of the arrest that was made upon him and said that he should not comply with his words in bringing the Jewels and remainder of the money he desired me I would go and intercede that he might have his liberty to go about the Jewels but I did not think it convenient to make my self concerned in it he alledged that if he did not it presently the thief would be gone it was hinted that they that were with him might go along with him the Marshal and Serjeants he said if so many came they would fright him away for he said he was walking about Tower-hill or White-chappel But it was denyed and could not be granted that they should go it being out of their liberties he desired to go near those places keeping within the liberties and to send for them Sir Thomas Aleyn told him he might as well send for them thither He desired to go to the Heep Tavern and then some went with him to his house his Wife was private with him behind a Partition then he came out and spake publickly to his Wife sayes he there is a man will be walking all alone either at White-chappel or on Tower hill do you go there if he sees you he will ask you whether you want any thing and will deliver you what I told you We went to the Hoop Tavern again and about two hours after the Jewels were brought by his Wife that being done we went to Mr. Tryons Mr. Turner carried the Jewels being ar Mr. Tryons the Jewels were there opened we found by perusal that there was onely a Carcanet Jewel wanting of the value of about two hundred pound and Mrs. Turner said the man told her that that Carcanet was fallen behind a Chest but did not doubt to procure it to morrow Afterwards Sir Thomas Aleyn told him now he could do no less then commit him to Newgate Mr. Turner told him then he had better have kept the Jewels the remainder of the money being asked for he said he would be bound for it Mr. Mannock Sworn Julice Bridgman What discourse passed between you and Mr. Turner at Newgate Mannock My Lord he told me Mr. Tryon was to give him 500 pounds to get the Jewels and money and that he had got him 500 pounds and most of the Jewels and that is Sir Thomas Aleyn had not secured him he did believe that he should have had them all but Newgate was not a place to find them out L. Bridg. Did he tell you of bringing any money from his own house that the 500 pounds he delivered Mr. Tryon was proved from his own house Mannock He did tell me so my Lord. Turner My Lord I own it I shall unfold the riddle by and by Sir Thomas Chamberlain Sworn L. Ch. J. Hide What know you Sir Thomas of this business pray let the Jury hear you Sir Thomas Chamberlain My Lord on Fryday morning I was at the East-India house keeping Court there for that company afterwards I went to the Exchange and being tired I called in at the Coffee-house and there heard that Mr. Tryon was rob'd I went directly home and dined about three a clock I went to Mr. Tryons house an old friend of mine my Fathers Servant heretofore I went to visit him and found a great many people about him Sir Thomas Aleyn Lady Garret and the Countess of Carlile was there I cold him Mr. Tryon I understand you have been rob'd Ye● sayes he I have a great loss I found him very staggering what he should do I said you must now do like a man or you will lose all said I to Sir Thomas Aleyn if you do not help the poor man being ancient he will quite lose all with that I went up above in the house Sir Thomas Aleyn was pleased to call me along with him I was by at all the Examinations I did mistrust and told Mr. Tryon in French that no doubt but that Gentleman was in the Robbery the reason was that he being a frequent man in the house knew every thing he was there continually coming for Jewels and things and no man could do it but himself that was my judgement I told Sir Thomas Aleyn assuredly he had a hand in it my Lord the while we were examining the Servants word was brought in that he was hearkening at the door and in the yards which made me more and more mistrust him we heard that the maid had been gadding abroad several times I desired Sir Thomas Aleyn to examine the maid how often she had Supt at Turners she denied any time the young man was examined who said they had been 30. or 40. times feasted at Collonel Turners My Lord Sir Thomas Aleyn have given you a just account but he omitted one thing he had a note sent him which he had in his Pocket touching Mr. Turners going about removal of the money into the Minories and before Turner came in he examined mistriss Turner upon that note sayes he you were there too and carried the mony sayes she she is a lyar and a Whore for saying so Coll. Turner came in and said Why do you torment and vex my Wife and falling a Cursing and Swearing and B●nning said she was with Child you will make her miscarry let her alone Sir Tho. Aleyn examined him where he had been that day and that night told him of many Tavernes and going to see his Horse and I know not what but we found him faultering when the Jewels were brought there being two Notes Sir Tomas Aleyn had one and I another the Old Gentleman was so joyful to see them again that lying by him and handling them he puld two or three down with his sleeve Says Mr. Turner come I know what belongs to them better then any of you read them over and I will shew them you there wanting one Jewel sayes he that Rogue that has the other money hath this Jewel but I
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
person robbed being my acquaintance I went to visit him in the afternoon and coming there not thinking but the businesse had been already examined several persons with Mr. Francis Tryan put me upon the businesse to examin it I went and examined the two Servants the Man and the Maid upon their examination I found they had supped abroad at a Dancing-School and had been at Cards and came home afterwards but before they came home they heard that an ancient Gentleman one Mr. Tryan was robb'd and then they hastened home I examined them further whether they used to go abroad after their Master was in bed the Man confessed he had been abroad twenty or thirty times at Coll. Turner's House at Supper about a year since the Maid denied they had been there at all but it is true the mans saying he supp'd there though it was false was the first occasion of suspicion of Coll. Turner When I had examined these two I went to the Examination of Turner where he was all that day where at night he told me at several places and Taverns and in bed at nine of the Clock and was called out of his bed but having my self some suspicion of him I wished him to withdraw I told Mr. Tryan that I beleeved if he was not the Theif he knew where the things were the old Gentleman said he could not mistrust him he had put a great Confidence in him but I desired him to give me leave to Charge him with it and thereupon I called him in but he denied it but not as a person of his Spirit which gave me some cause of further suspicion I desired to search his house nay told him I would whether he would or no he desired to go home I told him if he would go with them some persons there he should but you shall not speak with your Sons or Daughters or Servants they shall be examined by me they searched his house the Marshall and Constable they said they could find nothing The old Gentleman was very unwilling to charge him with Felony some friends there were as well satisfied as I was that he was Guilty of it and they brought me a Paper that he would charge him and thereupon I wished him to read that Paper told him I could do no lesse then send him to Newgate Sayes he you will not undoe a Family will you will you not take bail No I cannot What proof have you materiall against me I will give you as good bail as any man give me leave to speak with Mr. Tryan I did give him leave he had no sooner spoke with him but Mr. Tryan would not charge him he promising to indevour to find the Thief I took Mr. Turner on one side and told him I did as verily beleive if he was not the Thief he could find him out as I beleived I should go home to my Wife and Children and I said that if an Angel from heaven should come and tell me otherwise I could hardly beleive it This passed on this night I could not sleep all the night still it was in my thoughts that this man was the man that had done the Robbery next morning after 9. there came a Gentleman to me a person of quality a Merchant if your Lordship desires I shall name him L. Ch. J. Pray name him Sir T. A. It was Alderman Love my Lord he told me that he thought I was a friend to Justice if I would go presently into the Minories my self I might discover the person that robb'd Mr. Tryan if I staid or sent others the Birds would be flown Mr. Turner has this morning removed several hundred pounds I went presently with a Footboy when I came to Bishopsgate meeting with Major Tasker knowing not whether I went without the Liberties said I to him Are you in hast Pray go along with me and he went with me This Gentleman Alderman Love told me I should meet with a Maid Servant of his that knew me though I knew not her she will meet you at such a Corner and go with you when I came without Algate I met with two Maids that were the persons to shew me the place the Maid told me these were the Maids I bid them come behind me at the further end of all the Minories I went into a shop and found Col. Turner with his hands in a Chest I charged him to take nothing out and not to stir himself there was two Wallets one of a 100 l. the other 200 l. I took the Keys from him laid them upon the Compter I went with him into the next room which was the Kitchin and in another Chest was two Wallets more and now the Gentleman was speechlesse I told him it was just as I told him the last night that your Roguery would come out what said I is become of the rest of the money sayes he your hast will spoil all I called in the Maid to examine her but she was fearful and so trembled there was no examining her before Col. Turner But in conclusion said I Col. Turner if you will tell me whether this be Mr. Tryan's money I will do you all the favour I can sayes he I cannot say it is his money I called for a Condable and made a Mittimus to send him to Newgate thinking he would discover the Truth said I will you give me your Examination he did it is in Court I asked him whence this money came he told me it was removed by himself his Wife and Children this morning Turner My Son and I I told you Sir T. A. I asked him where he had received it he told me at a Goldsmiths 14 dayes since he did not remember his name I asked why he should remove his own money his ansvver was he did remove it for 2 or 3 dayes till this foolery was over When I saw I could get nothing further from him I discoursed with him touching the remainder of the money and the Jewels sayes he Sir Thomas do not trouble your self you will lose the Jewels and the rest of the money by this course and sayes he I am now in pursuit of them if you will give me leave to go to the old Gentleman I know all will be well I was not content to let him go but presently we called a Hackney Coach and my self and him and Major Tasker went and carried that money to Mr. Tryan when we came there I told Mr. Tryan I thought we had brought 500 l. of his money and I did not doubt but I had brought a person that could tell of the rest of his money and jewels Col. Turner desired to speak with Mr. Tryan himself in private I gave him leave he calls me a little after Sir sayes he Mr. Tryan and I am agreed I must have this money delivered to me again I have assured him he shall have all his money and jewels again by Three of the Clock this Afternoon I told him I could not
Bridgeman You staid till foure so they were foure houres a bringing of the money Turner Yes my Lord. L. Ch. J. Hide You took a man in the dark by the throat that man that was guilty of such a thing as when that you did let him go to call his Companions to bring the money bring fellows to you single I would be glad to know whether in this case they would not have knocked you on the head and killed you Turner My Lord Wild had engaged his soul and I my soul to him that if I would not discover him him I should go away free L. Bridgeman Great security indeed Col. Turner called several Witnesses viz. Mr. Vandeput Mr. Covel Mr. Legoose Mr. Snow and Mr. Mosely the Constable I desire my maid may be called pray ask Sir Thomas Allein what he hath done with my Maid he took her up with Sir Richard Brown and two Marshals men pray Gentlemen make not a laughing business of this Sir Thomas pray where is my Maid Sir Thomas Allein I had this maid upon examination I finde cause of further Examination and thereupon directed an Officer to take her and she is now in the Garden Mr. Mosely the Constable examined When I came first to Mr. Tryons at Mr. Tryons house he was bound then he asked where his Man and Maid was he said he could not tell by and by the man came in and being asked where he was he answered he was at Coll. Turners at Supper presently after we went to Colonel Turners he came to the Window his Wife and two Sons were in bed L. Bridgeman Did Mr. Tryon give you order to come to him Mosely Yes my Lord he did L. Ch. J. Hide Mosely you were Constable were you not what discourse had you with Mr. Turner about a dangerous place that you did suspect where some people may be to do such a feat Mosely I never heard of any such thing spoken L. Bridgeman You say Mr. Tryon he wished you to call Turner to him did he give you any order or direction to search his house who wished you to go up to the house to see whether his Sons and Daughters were in bed Mosely Mr. Turner did my Lord. Turner He doth not say true my Lord pray ask him when he came to my door and I opened it whether Mr. Tryons servant were there at Supper that night I said no. is your sons within said he I said ●● Pray let me see them Mosely I came to Mr. Turners house and knocked at the door with some others with me at last the Col. came out of his bed I suppose he came out of his bed being partly naked he came down to the door I asked him where are your sons they are in bed says he said I Mr. Tryon is robbed he would have you come to him L. Bridgeman Did he desire you to go up Mosely No my Lord but I asking him whether his sons were in bed he said I prethee go up and see Turner My Lord I would prove where my sons were on Thursday night at ten a clock Lord Marquis of Dorchesters servant examined My Lord till nine a clock they were with me at my Lord Marquesses house L. Bridgeman What time came they thither M. Servant Between seven and eight at night Col. Turners Maid examined Turner Come Maiden pray tell my Lord and the Court when my sons came home this night Maid Between nine and ten a clock L. Bridgeman Were your Master and his Sons in bed all Friday night or no Maid Yes my Lord they were L Ch. J. Hide Did your Master go forth on Friday night Maid No he was at home and in bed all that night till eight a clock in the morning and Thursday night before Turner A silly soul she knows not what she says L. Ch. J. Hide I will ask you again was your Master at home on Friday night Maid No I think he was not L Ch. J. Hide Why did you say so before Maid I cannot remember Sir L Bridgm. She knows her Masters mind Turner No upon my soul my Lord. L. Bridgem My Masters of the Jury this is the use that is made of this Maids testimony she will say any thing she is no fit witness no trust to be given to her either one way or other Turner Pray call Mr. Cowel Mr. Legoose Mr. Cock the Goldsmith L. Bridgim What do you call these for Turner To prove my Condition my Credit and Reputation L. Bridgm. The Jury knows that already Mr. Cook Thus much I can say that I have known him some twenty years I have had dealing with him to the value of several 100 li. I have trusted him and have found him very faithful I have seen in his possession Jewels to the value of eight or ten thousand pounds by which I suppose if he had been such a person he might have done himself a kindness by breaking Mr. Legoose All I can say is I have an acquaintance with this person he was a Solliciter dealt honestly and faithfully in a business wherein I was concerned he hath lived very well Sir Richard Brown Where you have heard on man say he is an honest man have you not heard a hundred say otherwise Mr. Legoose There hath been an ill report that he hath been a person that lived high Turner Sir Richard Brown no man in England can say black is my eye Sir Rich. Brown Mr. Turner you say you were upon Tower-Hill all Friday night whether went you in the morning Turner I came home between four and five in the morning Sir R. Brown Your maid offered to depose even now that you did not rise all that morning before eight of the Clock Turner Lapsis Linguae If the Girle be mistaken L. Bridgeman Do not trouble your self with that her evidence is of no force Mr. Jeffories Col. Turner I cannot say any thing that will be advantageous to you My Lord and Gentlemen of the Jury I have heard Mr. Tryon hath trusted him with Jewels to a good value and that Mr. Tryon had a very good repute of him Sir Rich. Brown Pray what report hath he upon the Exchange Turner I owe nothing there Sir Richard nor none there can lay any thing to my charge except it be that I am a Cavalier Lo. Ch. J. Hyde Mr. Turner have you any more Tur. My Lord I do want these Goldsmiths they do not appear they promised me they would Lo. Ch. J. Hide How can we help it Tur. I do humbly beg your Honour and this Honourable Bench that the Old Gentleman my Old Friend may declare what passed between us on Saturday Morning L. Bridgeman Consider what you do for here would you have Mr. Tryon swear against himself hear what you would put him to take it as you put it though I do not beleive a word of it As you put the case here is Wild commits a Robbery you come and truck with Wild and agree with him that
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