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 L1023 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 L100 and the other L200. 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 L500 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 L600 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
L200 that is fallen behind the chest or aside. You have L2000
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 L600 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 L600, 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.