Part 26

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: