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 return
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