COLONEL TURNER AND OTHERS

The trial of Col. James Turner, John Turner, William Turner, Mary Turner, and Ely Turner, at the Old Bailey, for Burglary, 1664.

The foregoing persons were all indicted together, the first three for committing burglary on the 7th of January 1664 at the house of Francis Tryon, and stealing a quantity of jewellery, some gold, and £1023 in cash; Mary, who was the wife of James, and Ely for receiving and comforting John the next day.

They were tried before Lord Chief-Justice Hyde[42] of the King's Bench, and Lord Chief-Justice Bridgman[43] of the Common Pleas.

All the prisoners pleaded Not Guilty.

Turner then complained that Sir Richard Ford, the sheriff, was in possession of his house and goods. Bridgman, Chief-Justice, explained that, though once it had been the sheriff's duty to take process against the goods of an indicted man, this was done no longer since the statute of Philip and Mary;[44] but as their responsibility continued unaltered, they ought to have good security. Eventually it was settled that the sheriff should let Turner have what he wanted for the night, and bring what papers he wanted into Court the next day.

The next day a jury was sworn, and Sir Thomas Aleyn was called.

Lord Chief-Justice Hyde—Pray, Sir Thomas Aleyn, tell your knowledge to the jury.

Sir T. Aleyn—May it please your lordships, and you gentlemen of the jury; Upon Friday morning last was sevennight, I heard of this robbery at Guild-Hall, and the person robbed being my acquaintance, I went to visit him in the afternoon; and coming there, not thinking but the business had been already examined, several persons with Mr. Francis Tryon put me upon the business to examine 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. Tryon, was robbed, 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 col. Turner's house at supper, about a year since. The maid denied they had been there at all: but it is true the man's saying he supped there (although it was false) was the first occasion of suspicion of col. 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 myself some suspicion of him, I wished him to withdraw. I told Mr. Tryon, that I believed if he was not the thief, 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 marshal 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 less than send him to Newgate. Says he, you will not undo a family will you? Will you not take bail? No I cannot. What proof have you material against me? I will give you as good bail as any man; give me leave to speak with Mr. Tryon. I did give him leave: he had no sooner spoke with him, but Mr. Tryon would not charge him, he promising to endeavour to find the thief. I took Mr. Turner on one side, and told him, I did as verily believe if he was not the thief, he could find him out, as I believed 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 believe 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.

The next morning Alderman Love told him that if he went presently to the Minories, he would meet with Love's maid, who would help him to discover the person who robbed Tryon; accordingly, taking Major Tasker, whom he met in Bishopsgate, with him, he went without Aldgate, where

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 the shop, and found col. Turner with his hands in a chest: I charged him to take nothing out, and not to stir himself. There were two wallets, one of £100 and the other £200. I took the keys from him, laid them upon the compter: I went with him into the next room, which was the kitchen, and in another chest was two wallets more: and now the gentleman was speechless. 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? Says he, Your haste 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. Tryon's money, I will do you all the favour I can. Says he, I cannot say it is his money. I called for a constable, 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. Aleyn—I asked him where he had received it? He told me at a goldsmith's 14 days since: He did not remember his name. I asked why he should remove his own money? His answer was, He did remove it for two or three days, 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. Says he, Sir Thomas, do not trouble yourself, you will lose the jewels and the rest of the money by this course; and, says 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 myself and him, and major Tasker went, and carried that money to Mr. Tryon. When we came there, I told Mr. Tryon I thought we had brought £500 of his money; and I did not doubt but I had brought a person that could tell of the rest of the money and jewels. Col. Turner desired to speak with Mr. Tryon himself in private. I gave him leave. He calls me a little after: Sir, says he, Mr. Tryon 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 3 this afternoon. I told him I could not agree that he should have the money back again, pressed him that he would stay there, and send for the rest of the money and jewels. But he [i.e. Mr. Tryon] would (if I did not) trust him: Mr. Tryon would have the rest of his money and all his jewels again.

Turner—I said, I would endeavour it.

Sir T. Aleyn—If he had said he would have endeavoured it, I would not have parted with him; but he said he should have the money and jewels, etc.; I told him I would meet him at that time at Mr. Tryon's. Then I took Mr. Tryon, and said Whatever promise you have made in private, you must excuse my assenting to anything against the law: But do not tell him of it, lest you lose the jewels: I must commit him to Newgate, and I must bind you to prosecute him. He desired me if I would not come so early as 3, not till 4 or 5 of the clock, and all would be brought thither. I staid till about 4. In the interim, I heard some particulars, what these maids would testify; which testimony had I received before I had parted with him, I would not have parted with him for any consideration. But when I came thither in the afternoon, I heard col. Turner was arrested, and was then at the Hoop-tavern with the officers. I sent immediately the Marshal and his men to bring him to me. The officers and he came; and then col. Turner told me, I had brought all these things, but the officers prevented me; I was a very unfortunate man: Give me leave but till to-morrow morning at 9, and you shall have all. Said I, I have now heard more; and you must produce the money and jewels if you expect any favour from me, or I know what to do. He pressed very hard for an hour, or almost two, that he might be trusted to go for them; if he did not go Mr. Tryon would lose the rest of his money and jewels. I told him I had rather they should be all lost, than I should forfeit my discretion and reputation. And thus he kept us till 7 or 8 at night. At last he would have gone with one person. I told him, no: If there were enough to secure you, I might give leave. Saith he, the party will not see more than one; for his life would be in danger. Whither would you go? I would go, saith he (to my best remembrance) to Tower-Hill or Whitechapel. I should have met him at 5; and now I must meet him about 9. I will call in the officers: They will tell you, your being upon a Judgment, they will not part with you without the Liberties: Nor will I give leave, because the Sheriffs will blame me. The officers said they could not go without the Liberties, for it would be an escape in law. Pray give me leave to go near those places, and I will send. Nay, then you may as well send from hence. He begged leave to go to the Hoop-tavern, and send for his wife; which I did grant. And there he did send for his wife. They brought me word he had sent his wife for the jewels and the rest of the monies. He sent to me not to think the time too long, for he had notice his wife was coming. I directed the Marshal, when his wife came, he would secure her. About 11 they brought his wife; who told me also she had delivered the jewels: they thought they were in two bags. Then he came to me, and desired to speak with Mr. Tryon in private, and told me Mr. Tryon's soul was pawned to him, and his to the thief, that no discovery should be made. But when I examined his wife what money went from her house that morning, she said she knew of none. Where had you the jewels? She knew of none: But she had a couple of bags that she was sent for: Near Whitechapel or the Tower a person should meet her, and ask what she did there, and she should say she walked up and down for something that should be given her by a person; which, if he did, she was to bring it to him that sent her. He did deliver the two bags, which she delivered to her husband; but what was in them she knew not. There was sir Thomas Chamberlane, Mr. Millington, myself and col. Turner, with Mr. Tryon. The two bags was laid upon a dresser. He told us they were now come; and having performed his part, he hoped Mr. Tryon would perform his. Have you performed your part? Have you brought the jewels and the remainder of the money? He told us the money was not brought: For the £600 I shall give Mr. Tryon my bond, to pay him at six months. We pressed to see the jewels: We run them all over. But I should have told you one thing: She brought a cat's-head-eye-ring upon her finger. This the gentleman was like to forget: He delivered it to me, to deliver that with the rest. When we had told out the jewels we crossed them out upon the printed paper as they were called. She said all that was in the paper, except one carcanet of diamonds and jewels, valued at £200 that is fallen behind the chest or aside. You have £2000 worth of jewels over what is in the paper; but the carcanet shall be forthcoming. He now pressed that no prosecution might be, for two souls were pawned (as I said before) and desired an end of the business. I told him further and pressed him: Said I, I have staid a great while, and would stay longer, if he might have the £600 and the carcanet. But when I saw there was nothing more to be got from him, now (said I) what would you have this poor gentleman to do for you? What he hath promised you I know not; he is a stranger to the law: If there had been but you two had it, and it had not been published to the world, and the neighbours' public examination taken, somewhat might have been between ourselves. But would you have this gentleman bring himself into danger? He will lose all his goods again; for he will be indicted himself. What will he be the better for discovery, when he must lose his jewels and money, and be liable to a prosecution, as you will be, were he so ignorant? Do you think that I understand the law no better, being a justice of peace, to bring myself into danger? All the kindness I can do for you is (to be short), I must send you and your wife to Newgate. 'How say you, master Alderman?' Then I had better to have kept the jewels. Those were his words; to the best of my remembrance he said so. My lord, I asked him several questions: Why he should give a bond for £600, if he were not concerned in this business? But he knew not what to answer. Saith he, Will you not take bail? Said I, I can take no bail: I must send you to the common gaol, and then I am discharged. Pray send me to the Compter. No I cannot. Do you think I would make an escape? I cannot tell; but I would not bring myself 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 anything, I shall not direct them. He desired his wife might go and fetch some linen.

Lord Chief-Justice Bridgman—What day were the jewels delivered?

Sir T. Aleyn—Saturday.

Lord Chief-Justice 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. Aleyn—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.

Lord Chief-Justice Hyde—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. Aleyn—I have only one more word to say to you: That before he went to the Hoop-tavern, Nay, said I, col. Turner, be ingenuous whether this was not Mr. Tryon's money that he removed? And he confessed it was.

Lord Chief-Justice Hyde—The money was removed from his own house.

Sir T. Aleyn—Yes; but his wife, children, and maid denied it.

Lord Chief-Justice Hyde—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.

Lord Chief-Justice Hyde—You need not tell him that he is sworn; the court and jury understand it so.

Lord Chief-Justice 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 belied my house and family, saying, that he supped there that night, when he had not supped at my house these 12 months.

Sir T. Aleyn—I think I have done him that right already. He desired me to examine that young man, who said he had supped at col. Turner's; but I found he had not been, nor was not there.

Turner—Upon Friday night, when the alderman pressed me concerning the thing, I told him I had some suspicion of some persons, who formerly should have robbed Mr. Tryon a year ago, and I employed Mosely the constable and Mr. Tryon's man to go to Ratcliff, and I went another way. Pray ask sir Thomas whether I did not promise to do all I could.

Sir T. Aleyn—I pressed him hard; he said he would endeavour it

Turner—Whether did not I tell him that that money was carried there on purpose to gain the other fellows 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. Aleyn—There was not one word of this: his Examination was contrary. He told me £400 was received of a goldsmith, he knew not his name, and £200 was in his own house; and that he removed it for two or three days, 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 door. 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.

Lord Chief-Justice Hyde—Yourself (as sir T. Aleyn swears) 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 Tryon's; why did you say so?

Turner—I will tell you the reason; I would not have my business spoiled, and did feign those answers. My lord, I do demand of him whether Mr. Tryon 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 agreed no blood should be spilt; that he had rather lose all his money and jewels, than to forfeit such an asseveration which the thief 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.

Lord Chief-Justice Hyde—You are beside the business.

Turner—My lord, I ask alderman Aleyn whether I did not tell him this?

Sir T. Aleyn—I told your lordships two souls were pawned, as he said before.

Lord Chief-Justice Hyde—Do not spend your time thus; the question's short, Whether you are guilty of robbing, or breaking the house of Mr. Tryon or no?

Turner—I am as free as any man here.

Lord Chief-Justice Hyde—They will not believe your own words.

Mr. Tryon, pray (as you are able) give an account of this business.

Tryon—My Lord, about 11 of the clock, or something past, upon Thursday night last was a sevennight, 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 be); but as I knew them not, I 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 he was not the man; and I named him by his name, What do you do here at this time of night? What is your business? 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; gagged me, and used me barbarously, most inhumanly; I must suffer it, because I could not tell how to avoid it. When they had done, then told me this withal, You shall not lose a hair of your head. I knew not their intentions, I feared what it was, for when they had done this, they left me; I had nobody could come to me in my house, my servants, I knew not upon what grounds, they were forth at supper when I was a-bed, which was of ill consequence. After I had been an hour in this manner I rolled myself 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 myself upon the pieces of the pot: and so with much ado, it pleased God, I know not how myself, I got to the chamber-window which lay to the street; I called out, Murder! and Thieves! My neighbours said, I called with so strong a voice they wondered to hear me. Quickly after, many of my neighbours came in, and one Mr. Peter Vanden-Anchor, a Dutchman, that selleth Rhenish wine, he came in and unbound me; and so after I was unbound I went down to the warehouse as I was, without clothes about me, only my waistcoat and shirt, and saw that they had been there. I considered those that had done the thing, were very privy to my house; they knew where to fetch the key of my cash, in a drawing-box, taking the money there, which was about one thousand and odd pounds; some plate there was, they did not meddle with it.

Lord Chief-Justice Hyde—How came they by the jewels?

Tryon—I forgot something concerning some jewels; these jewels were in a drawer under my table in the compting-house, he was privy to that, because he did frequent my house very long and was very familiar.

Lord Chief-Justice Hyde—Who was privy to all this?

Tryon—James Turner.

Lord Chief-Justice Hyde—Mr. Turner, would you ask Mr. Tryon any questions?

Turner—By and by, when I come upon my proof.

William Hill, Mr. Tryon's man, was sworn, and stated that he had locked up the house at eight o'clock, when the jewels were safe, and Mr. Tryon was in bed. When he came home he found the money and the most valuable of the jewels gone. On Saturday Turner was arrested and sent for the witness, who went to him with two friends, Gurney and Pilkington. Turner asked him to persuade his master to procure his discharge so that he might go about his business, or it would be ruined. 'Proceeding into some discourse, I was saying to him it was a great providence that I and the maid was not then at home, for if we had, we should have been killed. He answered, saith he, No, they would only have bound you and the maid. I asked him, how it was possible to get in? He answered, one went through the entry in the daytime, and there lay till night, went upstairs, found a candle, lit it, went up to his chamber, took the key and went down and let in the others.' Turner had talked to him about Tryon's will; he said it was a pity he did not make one; Tryon had told him he had made one, but he knew he had not done so. 'He told me of one that could counterfeit a hand.'

Bridgman, Lord Chief-Justice—Was it not Grainger?

Hill—Yes, my Lord; that that man could counterfeit a will, and I and Mr. Garret and another good fellow should be the three executors and a third person overseer, and that would please the old man. I answered I would not have to do in such an unjust thing for all the world.

He had been to supper that night at Starkey's, with the maid. He got to the house after the robbery had been discovered, and found the neighbours in the house when he arrived there.

Turner—This thing touching the will has another face; his uncle was an acquaintance of Mr. Grainger, his uncle that bound him an apprentice, that lived in Cripplegate, now in Cornhill. This Grainger had counterfeited a will touching my Lord Gerrard and some one else, about an estate. Said I to this young man, You have an uncle acquainted with a notable fellow, one Grainger, and your master making no will, speaking merrily, this fellow is able to make it for him. Ask him if I did not tell him his uncle was acquainted with such a person.

Hill—You told me so indeed.

Bridgman, Lord Chief-Justice—Hill, by your oath you have taken, did he not persuade you to endeavour that you and he and Grainger should counterfeit a will?

Hill—He did, my lord, I answered that I would not meddle with it for all the world.

Turner—Go, go, go, this is malice; for it was mere jesting with him.

Elizabeth Fry proved that Mrs. Turner came to her house at six in the morning, and said that 'a friend of hers, a merchant, newly broke, had a wife, and seven or eight children; they desired to secure the money' (which Mrs. Turner brought) 'till they had taken their oaths the money was not in their house.' She said her husband and her son Ely were coming with it. The witness allowed her to put wallets containing money, she did not know how much, into her chest. Mrs. Turner said her husband was coming with more, and when he came he offered her twenty shillings for her kindness; they both asked her to conceal the money because the discovery of it would ruin the poor gentleman and his children. She did not see the bags sealed; there were three wallets, one was put into a chest in the shop, and two in the kitchen. There was a discourse of £1100. There were five wallets brought into the house; three in the shop, and two in the kitchen.

Sir T. Aleyn—You hear what the wench says, she says there was five wallets, three in the shop, two in the kitchen; I took two in the shop, and only one in the kitchen.

Turner—Pray, my lord, ask her which is Ely.

Fry—That is [pointing to Ely].

Turner—It was false; this Ely carried none; both my sons are dear to me, and if either carried more than the other it must be my eldest; and yet I must say, it was John, my eldest son that carried the money, this boy was at home; she hath foresworn herself.

Gurnet met Turner on the Exchange the Saturday after the robbery; Turner told him that he was going to make a discovery and clear himself; he had brought £500 and was going to bring the rest of the money and jewels at three o'clock.

Major Ralph Tasker corroborated Sir T. Aleyn's account of seizing the money in the Minories:

then I saw a fellow play bo-peep in a back-room, and presently was a noise, he was gone and fled; his son they said it was. Sir T. Aleyn pressed very hard to Mr. Turner, and desired to know whose money that was. Says Turner, By the eternal God, it is my own money, with many other protestations of his innocence. A constable was sent for, and we carried the money and Turner in a hackney coach to Mr. Tryon, and there left the money on a table with Mr. Tryon. They had some discourse; Turner came forth and said, The old gentleman and I are agreed, I will trust the money no longer with you, but with the old gentleman himself. Said I, let me be discharged of it, do what you will with it.

Bridgman—Did you see the bags out of the wallet?

Sir T. Aleyn—We saw one which was sealed, I think, with the bishop of Chichester's seal.

Ann Ball proved that Mr. and Mrs. Turner had left some money at her house with the maid. The maid went to her sister and acquainted her with it. In this way the knowledge of the money came to Sir T. Aleyn.

Frederick Ixam was present when the bags were taken out of the wallets at Mr. Tryon's house: three of them had no seals; one had a seal very much defaced; one had a seal which was the same as that on a letter from the bishop of Chichester produced by Mr. Tryon. The bags were in court.

Hanson and Mr. Tryon proved the agreement of the seals, and the bishop of Chichester's letter, which was produced.

Cole, a serjeant, and his brother, a yeoman, proved that they arrested Turner in a civil suit about three o'clock on Saturday afternoon. Soon after the constable came and charged them to assist in taking him before Sir T. Aleyn.

By and by I was saying, Col. Turner, how could this house be robbed, and none of the doors broke? O, said he, I took a man in the Minories, who has discovered it to me; he told me that one going into the cellar in the daytime lay there till night, then went upstairs, found a candle and lit it, took the key from his bedside, and went down and let all of the rest of the thieves in. The young man being there, said, It was well the maid and I was not at home, we should have been killed. No, says he, you would not have been killed, only bound.

Turner—As the fellow told me.

Hyde, Lord Chief-Justice—Did he say nothing touching Mr. Tryon's tooth?

Cole—He said, that the fellow putting his finger in his mouth to gag him, the old gentleman bit him; and in struggling to get out his finger, pulled out his tooth.

Lord Chief-Justice Hyde—You are very perfect at it, Mr. Turner, every way.

Turner—Ay, my lord, I examined him every way.

Peter Vanden-Anchor and Chaplain were the first people who entered the house after the robbery, and described the state in which they found it, and how they unbound Mr. Tryon. The latter examined the servants as to their movements; Hill, the manservant, said that he and the maid had been at supper with Turner; but the maid said she had been at the house of one Chamberlin, a goldsmith.

Christmas described how he had been arrested at two in the morning, but had been discharged the next day.

Millington was at Mr. Tryon's house on Saturday evening, and finding Turner in custody, there was asked by him to intercede, in order that he might have his liberty to go about the jewels. Afterwards Turner, at his own house, sent his wife to Whitechapel or Tower-hill, where she would meet a man who would give her something. The wife brought the jewels to the Hoop Tavern, and from there they were taken to Mr. Tryon's, where they were examined, and none were found missing except a carcanet jewel.

Mannock had been told by Turner in Newgate that he was to have £500 for recovering the jewels and the money; he had recovered £500 and most of the jewels; if Sir Thomas had not secured him, he would now have them all; 'but Newgate was not the place to find them out.'

Sir T. Chamberlain was sworn and said, that hearing on Friday morning that Mr. Tryon had been robbed, he went to his house about three in the afternoon.

I found a great many people about him; sir T. Aleyn, lady Garret, and the countess of Carlisle was there. I told him, Mr. Tryon, I understand you have been robbed. Yes, says he, I have a great loss. I found him very staggering what he should do. I said, you must do like a man, or you will lose all: said I to sir T. 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 T. 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 everything: he was there continually, coming for jewels and things, and no man could do it but himself: that was my judgment, I told sir T. 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 T. Aleyn to examine the maid how often she had supped at Turner's, she denied any time. The young man was examined, who said, they had been thirty or forty times feasted at col. Turner's. My lord, sir T. Aleyn has given you a just account, but he omitted one thing; he had a note sent him, which he had in his pocket, touching Mr. Turner's going about removal of the money into the Minories; and before Turner came in, he examined Mrs. Turner upon that note: says he, you were there too, and carried the money. Says she, she [i.e. Mrs. Fry] is a liar and a whore for saying so. Col. Turner came in and said, why do you torment and vex my wife; and falling a cursing, and swearing and banning, said she was with child, you will make her miscarry, let her alone. Sir T. Aleyn examined him where he had been that day, and that night; he told me of many taverns, and going to see his horse, and I know not what, but we found him faltering. When the jewels were brought, there being two notes, sir T. Aleyn had one, and I another. The old gentleman was so joyful to see them again, that lying by him, and handling them, he pulled two or three down with his sleeve. Says Mr. Turner, come, I know what belongs to them better than any of you, and read them over, and I will shew them you. There wanting one jewel, says he, that rogue that has the other money hath this jewel, but I do not doubt but I shall find that out too. We put them all together, and sir T. 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 lion 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 T. Aleyn told me he must make a mittimus for him and his wife: said she, Do you send me of your errands? you shall send somebody else another time: I thought it would come to this. After much ranting and swearing (I thought the devil would have fetched him out of the room) he said, that he had better have kept the jewels, than to bring them forth, and to suffer for it himself, for he had pawned his soul, and would not reveal it; and said, that Mr. Tryon had likewise engaged the like to him. For the £600 he offered his bond.

Hill recalled, said that Turner had been employed by Tryon about some mortgages; but he knew of no particulars.

Sir T. Aleyn—My lord, John Turner his son there, fled away from me when I came to the house in the Minories.

Bridgman, Lord Chief-Justice—Why did you fly away?

John Turner—I did not, sir.

Sir T. Aleyn—You did not fly! You ran away as fast as you could.

John Turner—My lord, a woman cried out 'Get away, and save your life!' and not knowing what the matter was, I went away.

Col. Turner—Poor boy! he thought thieves had been coming, and affrighted him.

Sir T. Aleyn—As to Ely Turner, I examined him upon the Sunday, the day after his father was committed; he would not confess the carrying of any money, and the maid swearing it, I committed him also.

Col. Turner—What's that of Ely? upon my soul, the boy carried none.

John Turner—I carried what was carried.

Col. 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 was John my eldest son that carried the money.

Sir T. Aleyn—My Lord, W. Turner was brought before me on Tuesday or Wednesday: sir R. Brown sent out his warrant for him, being a person of evil name, and likely to do such a fact; being taken, he was brought before me. My Lord, when Mr. Tryon looked upon him, he suspected him: I examined him when he saw Col. Turner; he said not these three years, not to speak to him; and yet one at the Cock behind the Exchange said, this W. Turner staid for Col. Turner at his house two hours, that Col. Turner came in, paid for the pot of drink, and for ought he knew they both went 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 enquired for Col. Turner, asked for him, staid two hours for him; that they went both out of the house together: and this was on the Wednesday before the robbery.

William Dawes and John Rouse, his servant, corroborated what Sir T. Aleyn said as to William Turner.

Garret, Watcher, and Culley were called to prove that Turner had said that the money he took to Tryon's house was his own money, and that he was going to recover the jewels; 'if any man could say that he lost sixpence of his money, or six-penny worth of his jewels, he had two fellows in custody should answer for it.'

Pilkington corroborated what other witnesses had said as to the account Turner gave of the way in which the robbery was committed.

Tryon was recalled to identify William Turner as one of the two men whom he saw in his room, and as being the man who knocked out his tooth. The men were barefaced; one said to the other that it was only just past eleven o'clock.

Hyde, Lord Chief-Justice, then called on the prisoners to make their defence. He shortly recapitulated the case against them. William Turner and his father Col. Turner had met on the day before the robbery; the robbery must have been committed by some one who knew where the money and jewels were locked up, and Col. Turner had this knowledge. Early on the morning after the robbery Col. Turner, his wife and his son, moved a quantity of money out of their house, and asked a neighbour to take charge of it, falsely alleging that it belonged to a merchant who wanted to hide it. Afterwards they admitted that it was their own, but it appears that one of the bags in which it was, was sealed with the seal of the bishop of Chichester; and at the time of the burglary there was £600 in bags left with Mr. Tryon sealed with the same seal. William Turner, on people coming to his father's house, 'takes footing and leaps over the ditch to escape, which is a good just ground of suspicion that he is guilty of somewhat that he would not abide to answer.' Col. Turner and his wife show an exact knowledge of the way in which the crime was committed; 'Lay all this together, unless you shall answer it, all the world must conclude that you are the one that did this robbery.'

Turner—I shall first prove that upon Thursday night, the time of that supposed burglary, that myself, my wife, and all my family, were in bed, fast asleep and innocent, not knowing anything of this business. This I shall prove, if not, let me hang and all my family.

Bridgman, Lord Chief-Justice—All this may be true, and yet this not to the purpose.

Turner—Then I cannot be guilty of the burglary.

Bridgman, Lord Chief-Justice—If you will lay and plot such a robbery, though you are not there, yet you are guilty of it; for it is ordinary that the main setter will not be present at such times, but will then be in bed, that people may take notice thereof. But satisfy the court by what means you came by this money and jewels, and then call your witnesses.

Turner in his defence said that his name was first mentioned by the man Hill, the manservant, who, when he came home late after the robbery, said that he and the maid had been at supper at his house, which was false. The fact was that the first he heard of the burglary was when the constable came to him and found him and all his family in bed. On being informed of what had taken place, he at once went to Tryon's house, and discussed the matter with him. Tryon suspected Christmas of being one of the men he had seen in his room, and he was fetched by a constable and afterwards sent to the Compter. Turner had prevented a robbery at the same place a year since, and he set to work to see if he could not recover the stolen property by the same means that he had used on that occasion. He remembered one John Wild, and he went to look for him 'beyond the little postern between the two Tower Hills, near the Tower ditch.' On Friday night when he got to the house where he had found the persons he wanted the year before, he 'passed a fellow in black, in a large coat, such another man as this (pointing at one that stood by); he was in a black loose coat, and he was trimmed with ribband at his knee.' Thinking he must be one of the men he was in search of, either Wild or White, he seized him, and charged him with the burglary.

Said I, Mr. Tryon's house was robbed, and you are the person that I will lay flat felony to; you should have been one of them that were to rob him a year since, when Col. Ashton betrayed you all. He began with some hard oaths; be quiet, said I, I will call out; you are an undone man; I will lay this felony to you. I shifted my hold from his collar to the waistband of his breeches; I thought I had him more secure. Said I, Wild, do not deceive yourself, play not the fool; if you will save your life, let me see where those goods and monies are, else you will go to pot. We walked to the hill. I had fast hold of his breeches all this while; and yet I was afraid he might have some dagger, and stab me; Said I, be brief, you are alone, either resolve me or I will call out.

Thereupon Wild, having bound Turner by an oath that his life should be safe if he discovered the thing, whistled thrice, and so called White, to whom he explained the situation, and sent him for the money. White went off and brought back £500 in two journeys, Turner holding Wild by his breeches all the time. This lasted four hours,[45] from midnight till four, during which time Wild gave Turner the account of how the burglary was committed, which he afterwards explained to the witnesses. When the £500 was all brought, Wild and White carried it to Turner's house, and threw it down on the floor of his parlour, promising to bring the rest of the money and the jewels the next day. White then objected that the men who had them would not come into the city, and it was arranged that they should bring them to Betty Fry's house in the Minories, an appointment being made to meet at the Blue Boar on the afternoon of the same day. Turner, his wife, and his son John (not Ely as Fry had sworn) took the five bags to Fry's house, and later on Turner went to Tryon's house, where he met Gurney ('Jesus! what a noise is here in the court. My Lord, I can hear but with one ear'), and told him that he would recover all his money except a few shillings. Tryon was delighted, promised him £500, and swore not to betray Wild and White. At eight o'clock on Saturday night,[46] he found Wild by the Blue Boar in Tower Hill, and told him where the money was, and Wild said it must be moved to St. Catherine's by the water-side. Some of the money was carried there,[47] and as the rest was being moved Sir T. Aleyn came up, and John Turner ran away. Col. Turner told Sir T. Aleyn that the money was his, because Tryon had promised it to him, and he wanted to conceal the transaction. They all took the money to Mr. Tryon's house, where Tryon acknowledged his promise, and Sir T. Aleyn agreed that if the goods were restored, the old man's word should be made good.

More that that, he said he would make up the business, or he would smother it. My Lord, you have a great deal of patience, I am humbly bound to you, here is nothing but the naked truth, step by step, as I trod it. Afterwards[48] Wild came and said, All will be well. Said I, What have you done? Are you sure, saith he, the jewels nor nothing shall be stirred? Said I, You see all is spoiled; Sir Thomas Aleyn is come where we had lodged the money, the thing is known, do they not hear of it? Yes they hear as well as you, and know what is done, and some have eyes upon you. Said I they will run away with the jewels. No you shall meet about three o'clock either by the Blue-Pig at Tower-Hill, or at Nag's-Head over against White-Chapel church. Nobody knows me but you, your wife, and your son who saw me this morning.

Coming home about Change time Stubbs told him it was said that he had been concerned in the robbery, and later he was arrested by Cole for his debt to Lyon and taken to the Hoop Tavern, where he was still in custody when a constable came with a warrant to take him before Sir. T. Aleyn. He asked Sir Thomas to allow him to go to fetch the jewels, but he was not allowed to go out of the liberties.

He then remembered that Wild had said he could send his wife, whom he described as

a full short woman about forty or fifty years old, she had a black scarf on; ... I told Sir Thomas this story. My wife came to me publicly, I did not whisper with her.

Mrs. Turner—Nay, look you, husband——

Turner—Pr'ythee Mall, sit down; you see my lord, my wife will interrupt me with nonsense. Pr'ythee sit thee down quickly, and do not put me out; I cannot hold women's tongues, nor your lordship neither.

Bridgman, Lord Chief-Justice—This is not a May-game.

Turner—My Lord, it is a serious business, and I hope God will bless it. 'Pray,' said I, 'Mall go.'

His wife went as she was told.

She found this Nag's Head, she sat down, being somewhat fat and weary, poor dear! I have had 27 children by her, 15 sons and 12 daughters. Seven or eight times did this fellow round her——

Mrs. Turner—Let me give that relation——

Turner—You cannot, it is as well; pr'ythee sit down, dear Mall, sit thee down good child, all will be well.

Mrs. Turner, in short, brought back the jewels which were given to Tryon, in Chamberlin's presence, and Turner offered to forego his £500, but was nevertheless committed by Sir T. Aleyn.

Bridgman, Lord Chief-Justice—Have you any witnesses to prove all this discourse passed between you and Wild?

Turner—I have by, witnesses to prove I said this, that there was such discourses between us.

Bridgman, Lord Chief-Justice—No doubt of it; and so will many a man at Newgate frame such a story as this.

Hyde, Lord Chief-Justice—You have told a long story about Wild, that you took him by the throat, and that you were alone: what weapons had you?

Turner—None, my Lord.

Bridgman, Lord Chief-Justice—Had you a lanthorn with you?

Turner—No, my Lord.

Bridgman, Lord Chief-Justice—What time of the night was it?

Turner—Twelve o'clock, my lord.

Bridgman, Lord Chief-Justice—You staid till four, so they were four hours a-bringing of the money.

Turner—Yes, my Lord.

Hyde, Lord Chief-Justice—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, brings 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, I should go away free.

Bridgman—Great security indeed!

Turner—I desire my maid may be called; pray ask Sir T. Aleyn what he hath done with my maid; he took her up with Sir R. Brown, and two marshal's men (pray gentlemen, make not a laughing business of this), Sir Thomas pray, where is my maid?

Sir T. Aleyn—I had this maid upon examination, I found cause of further examination, thereupon directed an officer to take her, and she is now in the garden.

Mosely the constable, the Marquis of Dorchester's servant, and Turner's maid were called to prove that Turner and his family were in bed at the time that the burglary took place; but proved nothing material, the maid in particular becoming confused and contradicting herself several times.

Various witnesses were called to character, and Sir T. Aleyn, Chamberlin, Millington, and others were recalled, and all agreed that Turner, when he was in custody, asked to be allowed to go to fetch the jewels, but did not offer to arrest the thief.

Bridgman, Lord Chief-Justice—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 saith never a word to take the man; he knew very well it was out of the Liberties. Truly, I think if Sir T. Aleyn had done it, I should not have taken him to be Sir T. Aleyn.

William Turner denied all knowledge of the charge.

John Turner, questioned by the judges, said that he had carried two bags of money from Fry's house to Wild on the Saturday morning; he made two journeys with one bag each time; he delivered them to Wild in the street at Tower-Ditch.

Hyde, Lord Chief-Justice, then summed up. He began by pointing out that as to Mrs. Turner,

though it appears all along that she 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 accessory for committing of felony.

As to Ely, there was nothing against him.

Then the matter is to James, John, and William Turner; I hope, and I am sure you are nearer, and you take note 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.

He points out, very shortly, that John and William Turner had not proved that they were in bed at home all that night, and that even if they were in bed when the constable came to the house, that proved nothing, because the crime had then already been committed. As to Col. Turner,

you see when he comes the next day, he undertakes to find out the thieves, and that only upon a suspicion; that there being a purpose to rob Mr. Tryon a year before, he goes to the same place now, he found Wild out then. He had very good luck; that because he lodged there a year before, he must have the same lodging now: It is a likely matter that thieves, as Wild is, should keep their lodgings thus constantly. There he finds him, takes him by the throat, and there they were playing a while: There one comes, goes, and brings some part of the money. After all this, the next day he must take his word to come again and bring the jewels. Observe but this; after which time as the money was received yet by a token, though he never saw the woman before, describing her a short fat woman, with a long black scarf, he must meet her, asked her what she wanted, and must give her jewels of that value: 'Tis one of the finest framed stories that I have heard, that this man should come to be thus privy after himself stood charged and the jewels brought for all this; and yet he must know nothing of it. You observe the evidences, and their circumstances themselves: The witnesses he called in point of reputation, that I must leave to you. I have been here many a fair time: Few men that come to be questioned, but shall have some come and say, he is a very honest man; I never knew any hurt by him: But is this anything against the evidence of the fact? But you have here the whole; I shall leave it to you.

Bridgman, Lord Chief-Justice, summed up even more shortly, mentioning a few of the absurdities of Turner's story. The jury withdrew for an hour, and then returned with a verdict of Guilty against Col. Turner, and Not Guilty against all the others.

On the 19th of January Col. Turner and William Turner made a confession as to their share in the crime. From this it appears that the burglary was planned entirely by Col. Turner, and was committed by him, his son William, one White, a solicitor, and an unnamed friend of White's. Col. Turner procured an impression of Tryon's door-key in wax, and had another key made to the pattern. By means of this all four men entered Tryon's house about nine o'clock, and having bound and gagged Tryon, stole his keys, opened the doors of the counting-house and the warehouse, found the keys of his iron chest, and took the money and jewels out of it. How much money or how many bags they took does not appear, but everything was taken to a house in Duke's Place, from which Col. Turner fetched away the money and the jewels to his own house the next morning. The money was still in his house when it was searched by the constable and the marshal on Friday night. William Turner was to have £100, and White and his friend £20 a-piece for their pains. Neither Mrs. Turner, John Turner, or Ely Turner knew of the robbery, but they helped to move the money on Saturday morning. On being asked on Saturday morning where the jewels were, Col. Turner said he had given them to White at six o'clock that morning.

Col. Turner afterwards restored the carcanet, the only jewel which he had not restored before.

On the same day in the evening he was condemned to be hung.

On the occasion of his execution, two days afterwards, he made a dying speech of some length. After admitting the justice of his fate, and declaring that he died in peace with all the world, he said—

Truly it is my sins, and the greatness of my sins hath brought me hither, and the greatest sin that troubles me, and lies on me, is that sin which I was much addicted to, and that was the sin of profaneness, of blaspheming God, of taking his name in vain. I never heard any man or woman, or whatever they were, swear in my life but I did tremble for them, to hear them; for keeping company with men of honour (they were men of quality, though that was an ill quality in them) was the occasion of it I never kept company with any poor, base, inferior people, with any thief, or any suchlike base person in all my life, but fled from them and avoided them till this accident. As I was telling you, for that great sin of swearing; keeping company with persons that did swear, I did get a habit of swearing, though I hated it and loathed it, when I observed it in myself, and yet, may be, did it again, forgetting presently, and not observing, being of a hasty nature.

He then goes on to say that his sons were innocent of the present matter, and asks the sheriff to procure their liberation from prison, which he promises to do if he can. He laments the present state of the world.

I must deal really with you, this nation is very full of sins, of crying sins, of sins that the land will suddenly mourn by God's hand; I have every year expected the sweeping plague to come and take away two-thirds of the nation for the sins that lie upon us.

It is expected of him that he should clear himself from accusations that have been made against him. He knows nothing of having received £20 from Dr. Hewyt's wife to procure him a pardon, his wife will soon receive a certificate from her to show that this is true. He did not cheat the king out of money when he was beyond the seas with him; for he was never out of the country. He relates various sufferings that he endured on the royalist side during the civil war, but being reminded by the sheriff that this is not a proper subject for a dying man to discourse about, he points out that Tryon got back all his property, and then goes on rather inconsistently:—

But, Mr. Sheriffs, assure yourselves, so sure I am going to heaven, I shall be there in glory, so sure had Mr. Tryon (if I had not met with those two foolish timorous officers) have had his goods and money again; there had never had one word of this business been known. It was a sad fate, that these two fellows out of a little fear should be the occasion of my coming here; but God forgive them, Stubs and Lyon I mean, these two villains, I have nobody to thank for my blood but them; and yet I do free them, and freely forgive them. Mr. Sheriffs, are you satisfied in this? Would you have me say any more touching the fact?

Mr. Sheriff—It is satisfaction to us if you are satisfied yourself.

Turner then goes on to deny other charges that have been made against him; particularly he asserts that a man of the same name who died in his house was not poisoned by him, and that he knows nothing of a 'glass jewel' which the ordinary suggests that he delivered to the Countess of Devonshire in place of another. He expresses his faith in the Protestant church, and his belief in the chief tenets of the Christian religion, and denies that he had been drunk and abused the ordinary, swearing, and boasting that he had £5000, and could have a pardon when he pleased. On the contrary, he had acted as clerk in the prison chapel.

About eight or nine o'clock Justice Stringer came to me in Chancery-Lane, and two or three knights and persons of quality, eight or nine in all; they had one bottle of sack among them, of which I drank one little cup ... and God forgive them that raised the scandal.

He then complains of the Hole where he was confined the night after the Sessions—

It is a most sad deplorable place; Hell itself, in comparison cannot be such a place; there is neither bench, stool nor stick for any person there; they lie like swine upon the ground, one upon another, howling and roaring ... I would humbly beg that the Hole may be provided with some kind of boards like a court of guard, that men may lie down upon them in ease.

Jackson (the gaoler)—Seventeen out of nineteen made their escapes out of that Hole, they having only a form there.

Sir R. Ford—If I did think there were a reprieve to come for you I would be contented to spin out the time thus; but in good earnest I expect none; unless you had an apprehension you were not to die you would not spin out the time thus, not thus run to many impertinences.

Turner then finished his speech, and after he had prayed a little the executioner fitted the rope round his neck—

Turner—What, dost thou mean to choke me? pray fellow, give me more rope; what a simple fellow is this! How long have you been executioner that you know not yet how to put the knot?

In the midst of his private ejaculations, offering to pull down the cap, he espied a gentlewoman at a window nigh, kissed his hand, said 'Your servant, Mistress.'... His cap being pulled down he gave the sign and the executioner turned him off.

The confluence of people from the gaol to the place of execution was very great, beyond the memory of any upon the like occasion.

During his imprisonment, and to the last breath of life, his carriage was very undaunted.

FOOTNOTES: