Part 29

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.