l the prisoners pleaded Not Guilty.
_Turner_ then complained that Sir Richard Ford, the sheriff, was in
possession of his house and goods. Bridgman, Chief-Justice, explained
that, though once it had been the sheriff's duty to take process against
the goods of an indicted man, this was done no longer since the statute
of Philip and Mary;[44] but as their responsibility continued
unaltered, they ought to have good security. Eventually it was settled
that the sheriff should let Turner have what he wanted for the night,
and bring what papers he wanted into Court the next day.
The next day a jury was sworn, and Sir Thomas Aleyn was called.
LORD CHIEF-JUSTICE HYDE--Pray, Sir Thomas Aleyn, tell your
knowledge to the jury.
SIR T. ALEYN--May it please your lordships, and you gentlemen of
the jury; Upon Friday morning last was sevennight, I heard of
this robbery at Guild-Hall, and the person robbed being my
acquaintance, I went to visit him in the afternoon; and coming
there, not thinking but the business had been already examined,
several persons with Mr. Francis Tryon put me upon the business
to examine it. I went and examined the two servants, the man and
the maid: upon their examination I found they had supped abroad
at a dancing-school, and had been at cards, and came home
afterwards; but before they came home, they heard that an
ancient gentleman, one Mr. Tryon, was robbed, and then they
hastened home. I examined them further, whether they used to go
abroad after their master was in bed? The man confessed he had
been abroad twenty or thirty times at col. Turner's house at
supper, about a year since. The maid denied they had been there
at all: but it is true the man's saying he supped there
(although it was false) was the first occasion of suspicion of
col. Turner.
When I had examined these two, I went to the examination of
Turner, Where he was all that day, where at night? he told me,
at several places and taverns, and in bed at nine of the clock,
and was called out of his bed: but having myself some suspicion
of him, I wished him to withdraw. I told Mr. Tryon, that I
believed if he was not the thief, he knew where the things were.
The old gentleman said, He could not mistrust him, he had put a
great confidence in him: but I desired him to give me leave to
charge him with it; and thereupon I called
|