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 L400 was received of a goldsmith, he
knew not his name, and L200 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
L1100. 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 L500 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 L500
for recovering the jewels and the money; he had recovered L500 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 L600 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
L600 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 L500 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 L500 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 L500, 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.