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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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me to the Compter no I cannot do you think I would make an escape I cannot tell but I will not bring my self into danger he prayed me I would give him leave to go home I must make my Warrant If the Marshal and Constable will do any thing I shall not direct them He desired his Wife might go and fetch some Linnen L. Ch. J. Bridgman What day were the Jewels delivered Sir T. A. Saturday L. Bridgman Thursday was the Robbery Friday he was Examined Saturday the Money was removed and that night the Jewels were brought and he committed Sir T. A. If I have said any thing that he is not satisfied wherein I have not true spoken let him ask me I shall not do him the least wrong L. Ch. Just Hide Do so Mr. Turner Turner Do your Honours understand of Sir Thomas the time the Robbery was committed I shall ask him some Questions Sir T. A. I have only one word more to say to you that before he went to the Hoop Tavern Nay said I Coll. Turner be ingenious whether this was not Mr. Tryan's money that he removed and he confessed it was L. Ch. Just Hide That money was removed from his own house Sir T. A. Yes but his Wife Children and Maid denyed it L. Ch. Just Hide Mr. Turner will you ask him any Questions what are they Turner I would ask all this back again you are upon your Oath Mr. Alderman L. Ch. Just Hide You need not tell him that he is Sworn the Court and Jury understand it so L. Bridgman Go on Mr. Turner ask your Questions Turner My Lord I demand of Sir Thomas Aleyn whether I did not tell him at the first there was a wicked young man had belyed my house and Family saying that he supped there that night when he had not supped at my house these Twelve Moneths Sir T. A. I think I have done him that right already he desired me to Examine that young man who said he supped at Coll. Turner's but I found he had been nor was not there Turner Upon Friday night when the Alderman pressed me concerning the thing I told him I had some suspition of some persons who formerly should have robbed Mr. Tryan a year agoe and I employed Mosely the Constable and Mr. Tryan's man to go to Ratcliff and I went another way Pray ask Sir Thomas whether I did not promise him to do all I could Sir Tho. Aleyn I pressed him hard he said he would endevour it Turner Whether did not I tell him that that money was carryed there on purpose to gain the other Fellowes that had the Jewels Said I if this money be taken away he that hath the Jewels will not bring them and the remainder of the Money but that this Money must bring him to it that they might share it Sir T. A. There was not one word of this his Examination was contrary he told me 400 l. was received of a Goldsmith he knew not his name and 200 l. was in his owne house and that he removed it for two or three dayes till this foolery was over he said it was his own money I said an honest man need not thus remove his own money One thing I have omitted when I was examining of him in the Minories word was brought me his Son was fled away at the back dore I bid them run after him but they said they saw him leap over a great Ditch he was not heard of till Yesterday though I sent out my Warrants for him L. Ch. J. Hide Your self as Sir Thomas Alleyn sweares said you knew not of whom you had part of the money but the other was your own and yet afterwards that the money was Tryan's why did you say so Turner I will tell you the reason I would not have my businesse spoiled and did feign those answers My Lord I do demand of him whether Mr. Tryan and I had not made a Bargain in the morning whether or no if he might have his Goods the person should be free and that he had agreed not blood should be spilt that he had rather lose all his money and Jewels then to forfeit such an asseveration which the Theif had bound me that I should swear to him that by the blood of Jesus Christ that was shed for him and all Sinners his life should be free L. Ch. J. Hide You are beside the businesse Turner My Lord I ask Alderman Alleyn whether I did not tell him this Sir T. A. I told your Lordships two souls were pawned as he said before L. Ch. J. Hide Do not spend your time thus the question 's short whether you are Guilty of Robbing or breaking the house of Mr. Tryan or no. Turner I am as free as any man here L. Ch. J. Hide They will not beleive your own words Sir T. A. I think I have done him no wrong by this Evidence Turner I hope my Lord I shall have the benefit to call him again for a Witnesse for me L. Ch. J. Hide You may ask him now Turner No when I come to my defence L. Ch. J. Hide Yes yes Turner Oh your Honours most humble Servant I am very sorry I have put him to this trouble Mr. Tryan his Servant and Mr. Garnet Sworn L. Ch. J. Hide Mr. Tryan pray as you are able give an accompt of this businesse Tryan My Lord about Eleven of the Clock or some thing past upon Thursday night last was a Seven-night two men came into my Chamber when I was fast asleep one on the one side and another on the other side of the bed one had a Lanthorn that opened on one side and waked me when I saw him I was much astonished as I might well knew them not said my Masters who are you I was newly out of my sleep being an ancient man I apprehended another man for the party I spoke to but was not the man and named him by his name What do you do here at this time a night What is your businesse said nothing to me one took both my hands the other with a little cord bound me very hard insomuch here yet is the dents of it and bound my feet gagg'd me and used me barbarously most inhumanly I must suffer it because I could not tell how to avoid it When they had done they told me this withall you shall not lose a haire of your head I knew not their intentions I fear'd what it was for when they had done this they left me I had no body could come to me in my house my Servants I knew not upon what grounds they were forth at supper when I a bed which was of ill consequence after I had been an hour in this manner I rolled my self out of my bed and fell down and saving your Lordships presence a chamber pot fell broke and I fell upon it and very much hurt my self upon the pieces of the pot and so with much add it pleased God I know
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.
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