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.
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.
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 Fryproved 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 bothasked 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.
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.
Gurnetmet 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 Taskercorroborated 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.
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 Ballproved 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 Ixamwas 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.
HansonandMr. Tryonproved 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.
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-AnchorandChaplainwere 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.
Christmasdescribed how he had been arrested at two in the morning, but had been discharged the next day.
Millingtonwas 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.
Mannockhad been told by Turner in Newgate that he was to have £500 for recovering the jewels and the money; he had recovered £500 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. Chamberlainwas 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 £600 he offered his bond.
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 £600 he offered his bond.
Hillrecalled, 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 himwhen 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.
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 himwhen 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 DawesandJohn Rouse, his servant, corroborated what Sir T. Aleyn said as to William Turner.
Garret,Watcher, andCulleywere 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.'
Pilkingtoncorroborated what other witnesses had said as to the account Turner gave of the way in which the robbery was committed.
Tryonwas 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 £600 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—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.
Turnerin 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 thesame 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.
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 £500 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 £500 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 £500, and swore not to betray Wild and White. At eight o'clock on Saturday night,[46]he found Wild bythe 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 bestirred? 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.
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 bestirred? 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.Mrs. Turner—Nay, look you, husband——Turner—Pr'ythee Mall, sit down; you see my lord, my wife will interrupt me with nonsense. Pr'ythee sit thee down quickly, and do not put me out; I cannot hold women's tongues, nor your lordship neither.Bridgman, Lord Chief-Justice—This is not a May-game.Turner—My Lord, it is a serious business, and I hope God will bless it. 'Pray,' said I, 'Mall go.'
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.
Mrs. Turner—Nay, look you, husband——
Turner—Pr'ythee Mall, sit down; you see my lord, my wife will interrupt me with nonsense. Pr'ythee sit thee down quickly, and do not put me out; I cannot hold women's tongues, nor your lordship neither.
Bridgman, Lord Chief-Justice—This is not a May-game.
Turner—My Lord, it is a serious business, and I hope God will bless it. 'Pray,' said I, 'Mall go.'
His wife went as she was told.
She found this Nag's Head, she sat down, being somewhat fat and weary, poor dear! I have had 27 children by her, 15 sons and 12 daughters. Seven or eight times did this fellow round her——Mrs. Turner—Let me give that relation——Turner—You cannot, it is as well; pr'ythee sit down, dear Mall, sit thee down good child, all will be well.
She found this Nag's Head, she sat down, being somewhat fat and weary, poor dear! I have had 27 children by her, 15 sons and 12 daughters. Seven or eight times did this fellow round her——
Mrs. Turner—Let me give that relation——
Turner—You cannot, it is as well; pr'ythee sit down, dear Mall, sit thee down good child, all will be well.
Mrs. Turner, in short, brought back the jewels which were given to Tryon, in Chamberlin's presence, and Turner offered to forego his £500, but was nevertheless committed by Sir T. Aleyn.
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.
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.
Moselythe 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 particularbecoming confused and contradicting herself several times.
Various witnesses were called to character, andSir 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.
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 Turnerdenied 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 bylaw she cannot be accessory for committing of felony.
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 bylaw 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.
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.
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.
On the 19th of January Col. Turner and William Turner made a confession as to their share in the crime. From this it appears that the burglary was planned entirely by Col. Turner, and was committed by him, his son William, one White, a solicitor, and an unnamed friend of White's. Col. Turner procured an impression of Tryon's door-key in wax, and had another key made to the pattern. By means of thisall four men entered Tryon's house about nine o'clock, and having bound and gagged Tryon, stole his keys, opened the doors of the counting-house and the warehouse, found the keys of his iron chest, and took the money and jewels out of it. How much money or how many bags they took does not appear, but everything was taken to a house in Duke's Place, from which Col. Turner fetched away the money and the jewels to his own house the next morning. The money was still in his house when it was searched by the constable and the marshal on Friday night. William Turner was to have £100, and White and his friend £20 a-piece for their pains. Neither Mrs. Turner, John Turner, or Ely Turner knew of the robbery, but they helped to move the money on Saturday morning. On being asked on Saturday morning where the jewels were, Col. Turner said he had given them to White at six o'clock that morning.
Col. Turner afterwards restored the carcanet, the only jewel which he had not restored before.
On the same day in the evening he was condemned to be hung.
On the occasion of his execution, two days afterwards, he made a dying speech of some length. After admitting the justice of his fate, and declaring that he died in peace with all the world, he said—
Truly it is my sins, and the greatness of my sins hath brought me hither, and the greatest sin that troubles me, and lies on me, is that sin which I was much addicted to, and that was the sin of profaneness, of blaspheming God, of taking his name in vain. I never heard any man or woman, or whatever they were, swear in my life but I did tremble for them, to hear them; for keeping company with men of honour (they were men of quality, though that was an ill quality in them) was the occasion of it I never kept company with any poor, base, inferior people, with any thief, or any suchlike base person in all my life, but fled from them and avoided them till this accident. As I was telling you, for that great sin of swearing; keeping company with persons that did swear, I did get a habit of swearing, though I hated it and loathed it, when I observed it in myself, and yet, may be, did it again, forgetting presently, and not observing, being of a hasty nature.
Truly it is my sins, and the greatness of my sins hath brought me hither, and the greatest sin that troubles me, and lies on me, is that sin which I was much addicted to, and that was the sin of profaneness, of blaspheming God, of taking his name in vain. I never heard any man or woman, or whatever they were, swear in my life but I did tremble for them, to hear them; for keeping company with men of honour (they were men of quality, though that was an ill quality in them) was the occasion of it I never kept company with any poor, base, inferior people, with any thief, or any suchlike base person in all my life, but fled from them and avoided them till this accident. As I was telling you, for that great sin of swearing; keeping company with persons that did swear, I did get a habit of swearing, though I hated it and loathed it, when I observed it in myself, and yet, may be, did it again, forgetting presently, and not observing, being of a hasty nature.
He then goes on to say that his sons were innocent of the present matter, and asks the sheriff to procure their liberation from prison, which he promises to do if he can. He laments the present state of the world.
I must deal really with you, this nation is very full of sins, of crying sins, of sins that the land will suddenly mourn by God's hand; I have every year expected the sweeping plague to come and take away two-thirds of the nation for the sins that lie upon us.
I must deal really with you, this nation is very full of sins, of crying sins, of sins that the land will suddenly mourn by God's hand; I have every year expected the sweeping plague to come and take away two-thirds of the nation for the sins that lie upon us.
It is expected of him that he should clear himself from accusations that have been made against him. He knows nothing of havingreceived £20 from Dr. Hewyt's wife to procure him a pardon, his wife will soon receive a certificate from her to show that this is true. He did not cheat the king out of money when he was beyond the seas with him; for he was never out of the country. He relates various sufferings that he endured on the royalist side during the civil war, but being reminded by the sheriff that this is not a proper subject for a dying man to discourse about, he points out that Tryon got back all his property, and then goes on rather inconsistently:—
But, Mr. Sheriffs, assure yourselves, so sure I am going to heaven, I shall be there in glory, so sure had Mr. Tryon (if I had not met with those two foolish timorous officers) have had his goods and money again; there had never had one word of this business been known. It was a sad fate, that these two fellows out of a little fear should be the occasion of my coming here; but God forgive them, Stubs and Lyon I mean, these two villains, I have nobody to thank for my blood but them; and yet I do free them, and freely forgive them. Mr. Sheriffs, are you satisfied in this? Would you have me say any more touching the fact?Mr. Sheriff—It is satisfaction to us if you are satisfied yourself.
But, Mr. Sheriffs, assure yourselves, so sure I am going to heaven, I shall be there in glory, so sure had Mr. Tryon (if I had not met with those two foolish timorous officers) have had his goods and money again; there had never had one word of this business been known. It was a sad fate, that these two fellows out of a little fear should be the occasion of my coming here; but God forgive them, Stubs and Lyon I mean, these two villains, I have nobody to thank for my blood but them; and yet I do free them, and freely forgive them. Mr. Sheriffs, are you satisfied in this? Would you have me say any more touching the fact?
Mr. Sheriff—It is satisfaction to us if you are satisfied yourself.
Turner then goes on to deny other charges that have been made against him; particularly he asserts that a man of the same name who died in his house was not poisoned by him, and that he knows nothing of a 'glass jewel' whichthe ordinary suggests that he delivered to the Countess of Devonshire in place of another. He expresses his faith in the Protestant church, and his belief in the chief tenets of the Christian religion, and denies that he had been drunk and abused the ordinary, swearing, and boasting that he had £5000, and could have a pardon when he pleased. On the contrary, he had acted as clerk in the prison chapel.
About eight or nine o'clock Justice Stringer came to me in Chancery-Lane, and two or three knights and persons of quality, eight or nine in all; they had one bottle of sack among them, of which I drank one little cup ... and God forgive them that raised the scandal.
About eight or nine o'clock Justice Stringer came to me in Chancery-Lane, and two or three knights and persons of quality, eight or nine in all; they had one bottle of sack among them, of which I drank one little cup ... and God forgive them that raised the scandal.
He then complains of the Hole where he was confined the night after the Sessions—
It is a most sad deplorable place; Hell itself, in comparison cannot be such a place; there is neither bench, stool nor stick for any person there; they lie like swine upon the ground, one upon another, howling and roaring ... I would humbly beg that the Hole may be provided with some kind of boards like a court of guard, that men may lie down upon them in ease.Jackson(the gaoler)—Seventeen out of nineteen made their escapes out of that Hole, they having only a form there.Sir R. Ford—If I did think there were a reprieve to come for you I would be contented to spin out the time thus; but in good earnest I expect none; unless you had an apprehension you were not to die youwould not spin out the time thus, not thus run to many impertinences.
It is a most sad deplorable place; Hell itself, in comparison cannot be such a place; there is neither bench, stool nor stick for any person there; they lie like swine upon the ground, one upon another, howling and roaring ... I would humbly beg that the Hole may be provided with some kind of boards like a court of guard, that men may lie down upon them in ease.
Jackson(the gaoler)—Seventeen out of nineteen made their escapes out of that Hole, they having only a form there.
Sir R. Ford—If I did think there were a reprieve to come for you I would be contented to spin out the time thus; but in good earnest I expect none; unless you had an apprehension you were not to die youwould not spin out the time thus, not thus run to many impertinences.
Turner then finished his speech, and after he had prayed a little the executioner fitted the rope round his neck—
Turner—What, dost thou mean to choke me? pray fellow, give me more rope; what a simple fellow is this! How long have you been executioner that you know not yet how to put the knot?In the midst of his private ejaculations, offering to pull down the cap, he espied a gentlewoman at a window nigh, kissed his hand, said 'Your servant, Mistress.'... His cap being pulled down he gave the sign and the executioner turned him off.The confluence of people from the gaol to the place of execution was very great, beyond the memory of any upon the like occasion.During his imprisonment, and to the last breath of life, his carriage was very undaunted.
Turner—What, dost thou mean to choke me? pray fellow, give me more rope; what a simple fellow is this! How long have you been executioner that you know not yet how to put the knot?
In the midst of his private ejaculations, offering to pull down the cap, he espied a gentlewoman at a window nigh, kissed his hand, said 'Your servant, Mistress.'... His cap being pulled down he gave the sign and the executioner turned him off.
The confluence of people from the gaol to the place of execution was very great, beyond the memory of any upon the like occasion.
During his imprisonment, and to the last breath of life, his carriage was very undaunted.
FOOTNOTES:[42]Seeante, p.126.[43]Seeante, 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'sHistory, 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 £500 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 3p.m.Sir T. Aleyn does not say when he parted from him in the morning.
[42]Seeante, p.126.
[42]Seeante, p.126.
[43]Seeante, p.125.
[43]Seeante, 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'sHistory, vol. i. p. 237.
[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'sHistory, vol. i. p. 237.
[45]These statements were probably made as answers to questions; but the fact does not appear in the report.
[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.
[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 £500 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.
[47]Turner must have said, or intended to say, that he had agreed to pay Wild the £500 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 3p.m.Sir T. Aleyn does not say when he parted from him in the morning.
[48]Turner was arrested by Cole about 3p.m.Sir T. Aleyn does not say when he parted from him in the morning.
At the Assizes held at Bury St. Edmunds, for the county of Suffolk, on the 10th of March1665, before Sir Matthew Hale,[50]Lord Chief-Baron of Exchequer, Rose Cullender and AmyDuny, widows, both of Leystoff, were indicted for bewitching Elizabeth and Ann Durent,Jane Bocking, Susan Chandler, William Durent, Elizabeth and Deborah Pacy; and being arraigned they pleaded Not Guilty.
Three of the persons above-named, viz. Anne Durent, Susan Chandler, and Elizabeth Pacy were brought to Bury to the Assizes, and were in a reasonable good condition; but that morning they came into the hall to give instructions for the drawing of their bills of indictments, the three persons fell into strange and violent fits, shrieking out in a most sad manner, so that theycould not in any wise give any instructions in the court who were the cause of their distemper. And although they did after some certain space recover out of their fits, yet they were every one of them struck dumb, so that none of them could speak, neither at the time, nor during the Assizes, until the conviction of the supposed witches.
Dorothy Durentwas the mother of William Durent, an infant. She swore that on the 10th of March 1669, she left her son William, who was then sucking, in charge of Amy Durent while she was away from home, giving her a penny for her trouble. She laid a great charge on Amy not to suckle the child, and on being asked why she did this, she explained that Amy had long gone under the reputation of a witch. Nevertheless, when she came back Amy told her that she had given the child suck;—
whereupon the deponent was very angry with the said Amy for the same; at which the said Amy was much discontented, and used many high expressions and threatening speeches towards her; telling her, That she had as good to have done otherwise than to have found fault with her, and so departed out of her house; and that very night her son fell into strange fits of swooning and was held in such terrible manner, that she was much affrighted therewith, and so continued for divers weeks. And the said examinant farther said, that she being exceedingly troubled at her child's distemper, did go to a certain personnamed Dr. Jacob, who lived at Yarmouth, who had the reputation in the country, to help children that were bewitched; who advised her to hang up the child's blanket in the chimney-corner all day, and at night when she put the child to bed, to put it into the said blanket, and if she found anything in it, she should not be afraid, but throw it into the fire. And this deponent did according to his direction, and at night when she took down the blanket with an intent to put her child therein, there fell out of the same a great toad, which ran up and down the hearth, and she having a young youth only with her in the house desired him to catch the toad and throw it into the fire, which the youth did accordingly and held it there with the tongs; and as soon as it was in the fire it made a great and horrible noise, and after a space there was a flashing in the fire like gunpowder, making a noise like the discharge of a pistol, and thereupon the toad was no more seen or heard. It was asked by the court, if that after the noise and flashing, there was not the substance of the toad to be seen to consume in the fire? And it was answered by the said Dorothy Durent, that after the flashing and noise, there was no more seen than if there had been none there. The next day there came a young woman, a kinswoman of the said Amy, and a neighbour of this deponent, and told this deponent, that her aunt (meaning the said Amy) was in a most lamentable condition, having her face all scorched with fire, and that she was sitting alone in her house in her smock without any fire. And thereupon this deponent went into the house of the said Amy Duny to see her, and found her in the same condition as was related to her; for her face, her legs, and thighs,which this deponent saw, seemed very much scorched and burnt with fire, at which this deponent seemed much to wonder, and asked the said Amy how she came into that sad condition? and the said Amy replied, she might thank her for it, for that she this deponent was the cause of it, but that she should live to see some of her children dead, and she upon crutches. And this deponent farther saith, that after the burning of the said toad, her child recovered, and was well again, and was living at the time of the assizes. And this deponent farther saith, That about the 6th of March, 11 Car.ii., her daughter Elizabeth Durent, being about the age of ten years, was taken in like manner as her first child was, and in her fits complained much of Amy Duny, and said, that she did appear to her, and afflict her in such manner as the former. And she this deponent going to the apothecary's for something for her said child, when she did return to her own house, she found the said Amy Duny there, and asked her what she did do there, and her answer was, That she came to see her child, and to give it some water. But she this deponent was very angry with her, and thrust her forth of her doors, and when she was out of doors, she said, You need not be so angry, for your child will not live long: and this was on a Saturday, and the child died on the Monday following. The cause of whose death, this deponent verily believeth was occasioned by the witchcraft of the said Amy Duny: for that the said Amy hath been long reputed to be a witch and a person of very evil behaviour, whose kindred and relations have been many of them accused of witchcraft, and some of them have been condemned. The said deponent further saith, thatnot long after the death of her daughter Elizabeth Durent, she this deponent was taken with a lameness in both legs, from the knees down-ward, that she was fain to go upon crutches, and that she had no other use of them but only to bear a little upon them till she did remove her crutches, and so continued till the time of the Assizes that the Witch came to be tried, and was there upon her crutches; the Court asked her, That at the time she was taken with this lameness, if it were with her according to the custom of women? Her answer was, that it was so, and that she never had any stoppages of those things, but when she was with child. This is the substance of her Evidence to this Indictment.There was one thing very remarkable, that after she had gone upon crutches for upwards of 3 years, and went upon them at the time of the Assizes in the Court when she gave her Evidence, and upon the jury's bringing in their verdict, by which the said Amy Duny was found Guilty, to the great admiration of all persons, the said Dorothy Durent was restored to the use of her limbs, and went home without making use of her crutches.As concerning Elizabeth and Deborah Pacy, the first of the age of 11 years, the other of the age of 9 years or thereabouts: as to the elder, she was brought into the Court at the time of the instructions given to draw up the Indictments, and afterwards at the time of trial of the said prisoners, but could not speak one word all the time, and for the most part she remained as one wholly senseless, as one in a deep sleep, and could move no part of her body, and all the motion of life that appeared in her was, that as she lay upon cushions in the court upon her back, herstomach and belly, by the drawing of her breath, would arise to a great height: and after the said Elizabeth had lain a long time on the table in the court, she came a little to herself and sat up, but could neither see nor speak, but was sensible of what was said to her, and after a while she laid her head on the bar of the court with a cushion under it, and her hand and her apron upon that, and there she lay a good space of time: and by the direction of the judge, Amy Duny was privately brought to Elizabeth Pacy, and she touched her hand: whereupon the child without so much as seeing her, for her eyes were closed all the while, suddenly leaped up, and catched Amy Duny by the hand, and afterwards by the face; and with her nails scratched her till blood came, and would by no means leave her till she was taken from her, and afterwards the child would still be pressing towards her, and making signs of anger conceived against her.Deborah the younger daughter was held in such extreme manner, that her parents wholly despaired of her life, and therefore could not bring her to the Assizes.
whereupon the deponent was very angry with the said Amy for the same; at which the said Amy was much discontented, and used many high expressions and threatening speeches towards her; telling her, That she had as good to have done otherwise than to have found fault with her, and so departed out of her house; and that very night her son fell into strange fits of swooning and was held in such terrible manner, that she was much affrighted therewith, and so continued for divers weeks. And the said examinant farther said, that she being exceedingly troubled at her child's distemper, did go to a certain personnamed Dr. Jacob, who lived at Yarmouth, who had the reputation in the country, to help children that were bewitched; who advised her to hang up the child's blanket in the chimney-corner all day, and at night when she put the child to bed, to put it into the said blanket, and if she found anything in it, she should not be afraid, but throw it into the fire. And this deponent did according to his direction, and at night when she took down the blanket with an intent to put her child therein, there fell out of the same a great toad, which ran up and down the hearth, and she having a young youth only with her in the house desired him to catch the toad and throw it into the fire, which the youth did accordingly and held it there with the tongs; and as soon as it was in the fire it made a great and horrible noise, and after a space there was a flashing in the fire like gunpowder, making a noise like the discharge of a pistol, and thereupon the toad was no more seen or heard. It was asked by the court, if that after the noise and flashing, there was not the substance of the toad to be seen to consume in the fire? And it was answered by the said Dorothy Durent, that after the flashing and noise, there was no more seen than if there had been none there. The next day there came a young woman, a kinswoman of the said Amy, and a neighbour of this deponent, and told this deponent, that her aunt (meaning the said Amy) was in a most lamentable condition, having her face all scorched with fire, and that she was sitting alone in her house in her smock without any fire. And thereupon this deponent went into the house of the said Amy Duny to see her, and found her in the same condition as was related to her; for her face, her legs, and thighs,which this deponent saw, seemed very much scorched and burnt with fire, at which this deponent seemed much to wonder, and asked the said Amy how she came into that sad condition? and the said Amy replied, she might thank her for it, for that she this deponent was the cause of it, but that she should live to see some of her children dead, and she upon crutches. And this deponent farther saith, that after the burning of the said toad, her child recovered, and was well again, and was living at the time of the assizes. And this deponent farther saith, That about the 6th of March, 11 Car.ii., her daughter Elizabeth Durent, being about the age of ten years, was taken in like manner as her first child was, and in her fits complained much of Amy Duny, and said, that she did appear to her, and afflict her in such manner as the former. And she this deponent going to the apothecary's for something for her said child, when she did return to her own house, she found the said Amy Duny there, and asked her what she did do there, and her answer was, That she came to see her child, and to give it some water. But she this deponent was very angry with her, and thrust her forth of her doors, and when she was out of doors, she said, You need not be so angry, for your child will not live long: and this was on a Saturday, and the child died on the Monday following. The cause of whose death, this deponent verily believeth was occasioned by the witchcraft of the said Amy Duny: for that the said Amy hath been long reputed to be a witch and a person of very evil behaviour, whose kindred and relations have been many of them accused of witchcraft, and some of them have been condemned. The said deponent further saith, thatnot long after the death of her daughter Elizabeth Durent, she this deponent was taken with a lameness in both legs, from the knees down-ward, that she was fain to go upon crutches, and that she had no other use of them but only to bear a little upon them till she did remove her crutches, and so continued till the time of the Assizes that the Witch came to be tried, and was there upon her crutches; the Court asked her, That at the time she was taken with this lameness, if it were with her according to the custom of women? Her answer was, that it was so, and that she never had any stoppages of those things, but when she was with child. This is the substance of her Evidence to this Indictment.
There was one thing very remarkable, that after she had gone upon crutches for upwards of 3 years, and went upon them at the time of the Assizes in the Court when she gave her Evidence, and upon the jury's bringing in their verdict, by which the said Amy Duny was found Guilty, to the great admiration of all persons, the said Dorothy Durent was restored to the use of her limbs, and went home without making use of her crutches.
As concerning Elizabeth and Deborah Pacy, the first of the age of 11 years, the other of the age of 9 years or thereabouts: as to the elder, she was brought into the Court at the time of the instructions given to draw up the Indictments, and afterwards at the time of trial of the said prisoners, but could not speak one word all the time, and for the most part she remained as one wholly senseless, as one in a deep sleep, and could move no part of her body, and all the motion of life that appeared in her was, that as she lay upon cushions in the court upon her back, herstomach and belly, by the drawing of her breath, would arise to a great height: and after the said Elizabeth had lain a long time on the table in the court, she came a little to herself and sat up, but could neither see nor speak, but was sensible of what was said to her, and after a while she laid her head on the bar of the court with a cushion under it, and her hand and her apron upon that, and there she lay a good space of time: and by the direction of the judge, Amy Duny was privately brought to Elizabeth Pacy, and she touched her hand: whereupon the child without so much as seeing her, for her eyes were closed all the while, suddenly leaped up, and catched Amy Duny by the hand, and afterwards by the face; and with her nails scratched her till blood came, and would by no means leave her till she was taken from her, and afterwards the child would still be pressing towards her, and making signs of anger conceived against her.
Deborah the younger daughter was held in such extreme manner, that her parents wholly despaired of her life, and therefore could not bring her to the Assizes.
The Evidence which was given concerning these two children was to this effect.