[42] See _ante_, p. 126.
[43] See _ante_, p. 125.
[44] 1 and 2 Philip and Mary, regulating bail so as to prevent justices
admitting prisoners to bail collusively. This statute 'was, in fact, the
origin of the preliminary inquiry, which has come to be in practice one
of the most important and characteristic parts of our whole system of
procedure, but it was originally intended to guard against collusion
between the justices and the prisoners brought before them.'--Stephen's
_History_, vol. i. p. 237.
[45] These statements were probably made as answers to questions; but
the fact does not appear in the report.
[46] At this point either Turner got into a wild confusion as to time,
and nobody noticed it, or the report is wrong. Turner's story as it now
stands is quite irreconcilable with the obviously true part of the
evidence.
[47] Turner must have said, or intended to say, that he had agreed to
pay Wild the L500 that White had given him the night before, as
black-mail for the rest of the money and the jewels; but nothing of this
appears in the report. It does not appear from the report how much money
Tryon lost in all, nor how much was found at Fry's. It does not follow
that evidence on the subject was not given at the trial.
[48] Turner was arrested by Cole about 3 P.M. Sir T. Aleyn does not say
when he parted from him in the morning.