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A25881 The arraignment, tryal, conviction and condemnation of Henry Harrison, Gent. for the barbarous murther of Andrew Clenche, of Brownelowe-Street, in the parish of St. Andrew's Holborne, in the county of Middlesex, Doctor of physick at the sessions of the goal-delivery of Newgate, holden for the city of London, at Justice-Hall in the Old-Baily, on the 6th, 7th, and 9th days of April, 1692, in the fourth year of Their Majesties reign : and also the examination of the said Henry Harrison, taken the 6th day of January, 1691, before the Right Honourable Sir John Holt, Knight, Lord Chief Justice of Their Majesties Court of King's and Queen's Bench at Westminster : to which is also added, The tryal of John Cole, for the murther of the said Doctor Clenche. Harrison, Henry, d. 1692, defendant.; Cole, John, Plumber, defendant. 1692 (1692) Wing A3765; ESTC R13688 48,727 49

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I Do Appoint William Battersby and Thomas Braddyll to Print the several Trials of Henry Harrison Gent. and John Cole for the Murther of Dr. Andrew Clenche and also the Examination of the said Henry Harrison taken before the Lord Chief Justice Holt concerning the said Murther together with a Preface to the said Trials And that no other do Presume to Print the same London October 27. 1692. Tho. Stamp Mayor THE Arraignment Tryal Conviction and Condemnation of Henry Harrison Gent. For the Barbarous MURTHER OF Andrew Clenche OF Brownlowe-street in the Parish of St. Andrew's Holborne in the County of Middlesex Doctor of Physick At the Sessions of Goal-delivery of Newgate holden for the City of London at Justice-Hall in the Old-Baily on the 6th 7th and 9th days of April 1692. in the Fourth Year of their Majesties Reign And also the Examination of the said Henry Harrison taken the 6th day of January 1691. before the Right Honourable Sir John Holt Knight Lord Chief Justice of their Majesties Court of King's and Queens Bench at Westminster To which is also added the Tryal of John Cole for the Murther of the said Doctor Clenche LONDON Printed by Thomas Braddyll and are to be Sold by William Battersby at Thavies-Inn-Gate and R. Baldwin near the Oxford-Arms in Warwick-lane MDCXCII TO THE READER THE Murther of Doctor Andrew Clenche from the manner of it did very much disturb the Thoughts of many M●n But the Evidence against Henry Harrison Gent. at his Tryal for that Murther was so full and satisfactory to all that heard it That it was then believed there was not any doubt left of his being one of the Actors of that Murther But there having been some Endeavours since by the Accusation of one John Cole and others to make the said Henry Harrison appear Innocent and to Arraign the Justice of the Kingdom It is therefore thought necessary to publish both the Trials of the said Henry Harrison and John Cole for the Satisfaction of all Persons and in hopes also that it may be a means of as happy a Discovery of the Managers of that Accusation as there was by great Providence of one of the Actors of that secret and cruel Murther THE Arraignment Tryal Conviction and Condemnation of Henry Harrison Gent. FOR THE MURTHER OF Dr. Andrew Clenche Die Mercurii Sexto die Aprilis Anno Regni Domini Gulielmi Dominoe Marioe Regis Reginoe Anglioe c. Quarto Judges present Lord Chief-Justice Holt Lord Chief-Baron Atkins Mr Justice Nevil THE Keeper of the Prison of Newgate did according to Order of the Court being then sate bring up the Body of Henry Harrison Gent. to the Sessions-House in the Old-Baily London who being at the Bar was Arraigned upon an Indictment of Felony and Murther found that Day by the Grand-Jury for the City of London in manner following Clerk of Arraignment HEnry Harrison hold up thy Hand Which he did You stand Indicted by the Name of Henry Harrison late of London Gent. for that you not having the fear of God before your Eyes but being mov'd and seduc'd by the Instigation of the Devil the Fourth Day of January in the Third Year of the Reign of our Sovereign Lord and Lady King William and Queen Mary of England c. about Eleven of the Clock in the Night of the same Day with Force and Arms c. at London viz. in the Parish of St Peter Cornhill in the Ward of Limestreet in London aforesaid being in a certain Coach with one Andrew Clenche Doctor of Physick and a certain Man yet unknown in and upon the said Andrew Clenche in the Peace of God and of our Sovereign Lord and Lady the King and Queen then and there being Violently Feloniously and of your Malice before-thought did make an Assault And that you the said Henry Harrison with the Help and Assistance of the said Man unknown with a Pocket Handkerchief with a Coal in the same being put of the value of Two Pence about the Neck of him the said Andrew Clenche then and there Feloniously Voluntarily and of your Malice before-thought did put fasten and bind and that you the said Henry Harrison with the said Handkerchief with the Coal aforesaid in it by you the said Henry Harrison with the Help and Assistance of the aforesaid Man unknown about the Neck of the said Andrew Clenche then as aforesaid put fastened and bound him the said Andrew Clenche then and there with Force and Arms c. Feloniously Voluntarily and of your Malice before-thought did choak and strangle by Reason of which choaking and strangling of the said Andrew Clenche by you the said Henry Harrison with the Handkerchief aforesaid with the Coal as aforesaid put in it he the said Andrew Clenche instantly died So that you the said Henry Harrison with the Help and Assistance of the said Man unknown him the said Andrew Clenche the said fourth Day of January in the Year aforesaid at the Parish and Wa●d aforesaid in manner and form aforesaid Feloniously Voluntarily and of your Malice before-thought did Kill and Murther against the Peace of our Sovereign Lord and Lady the King and Queen now their Crown and Dignity How say you Henry Harrison are you Guilty of this Felony and Murther whereof you stand Indicted or not Guilty Mr Harrison Not Guilty in Thought Word not Deed. Cl. of Ar. Culpriest How will you be Tryed Mr Harrison By God and my Country Cl. of Ar. God send you a good Deliverance Then the said Mr Harrison was taken away from the Bar by the Keeper of Newgate And afterwards the same Day about Eleven of the Clock in the Morning the said Henry Harrison was brought to the Bar and he desired the Court that he might then be Tryed which was granted and those Persons who were return'd upon the Jury were called over twice and their Appearances recorded Cl. of Ar. You Henry Harrison These Men that you shall hear call'd and personally do appear are to pass between our Sovereign Lord and Lady the King and Queen and you upon Tryal of your Life and Death if therefore you will challenge them or any of them your time is to challenge them as they come to the Book to be Sworn and before they be Sworn L. C. J. Holt. Mr Harrison you may challenge such of the Jury as you shall think fit before they be Sworn Then the Jury was called and sworn and then were counted and the Twelve sworn were these whose Names follow JURORS John Roll Nathaniel Houlton Michael Pindar James Hulbert Joseph Howe Richard Chewne John Lawford Nicholas Wildeboare Robert Williamson William Merriden Thomas Simpson Thomas Pakeman Sworn Then Proclamation for Information and Evidence was made as is usual Mr Harrison My Lord I have made no Challenges because I do believe the Jury to be honest Men. Cl. of Arr. Henry Harrison Hold up thy Hand which he did Gentlemen you that are sworn look upon the Prisoner and hearken
a Cloak on but I cannot tell what Cloaths he had under it he brought my Gown up under his Cloak Mr. Darnell Swear Esther King Who was Sworn Mr. Darnell Do you know what time Mr. Harrison was at Mr. Humston's Lodgings Esther King It was on Monday the Fourth day of January last about Nine of the Clock at Night as near as I can guess the Shop was shut up and I let him out Mr. Darnell Where was it Esther King At the Golden Key in Fleet-street over against Fetter-Lane End Mr. Darnell What Cloaths had he on Esther King I cannot tell well but he had a Cloak on I do not know what Cloaths he had on besides Mr. Harrison Was it Eight or Nine a Clock Esther King It was near Nine as near as I can guess Mr. Darnell Swear John Sikes the Coachman Which was done Mr. Darnell Give an Account to the Court what you know about carrying two Men in your Coach and how you found Dr. Clenche murdered John Sikes Coachman My Lord on the 4th of January last being Monday I was at the Play-house and there I took up a Man and a Woman and carried them into the City so I brought the Gentleman back again to the Green Dragon Tavern in Fleet-street and then he said he would pay me by the hour he said that it was but much about Nine a Clock Then I left him and was driving up the Street towards the Temple and two Men stood in Fleet-street about Fetter-Lane End and they asked me if I knew Dr. Clenche who Dwelt in Brownelowe-street in Holbourn I told them that I did not know Dr. Clenche but I knew the Street So they went into my Coach and one of them bad me Drive thither and I did and stopt at the Streets End because the Gate at the other End was shut so that I could not turn my Coach And one of them bad me go and tell the Dr. That there were two Gentlemen in a Coach at the Streets End that would desire him to go with them to see one that was not Well The Doctor asked me if I could tell Who they were Or who it was that he was to go to I told him that I could not tell The Doctor was in his Night-Gown and Slippers and he Dressed himself And when he came to the Coach one of them removed from his Place and gave him the hinder-part of the Coach and told him That they had a Friend that was not Well And one of them bad me Drive to Leaden-Hall-Market and when I came about Holborn-Bars one of them called to me and asked me Why I drove so slowly And bad me drive faster so I Drove fast and came to Leaden-hall And then one of them bad me drive to the Pye Tavern without Aldgate and there Ordered me to stop And when I had stopped there one of them called to me and told me that I need not stir out of my Coach-Box but call to the Boy at the Tavern and ask for one Hunt a Chyrurgeon which I did do And when the Boy came to me again he said there was no such Man Then one of them bad me Drive back again to Leaden-hall and in the time I stayed there and turned my Coach Aldgate was shut and when I came to the Gate one of them gave Six Pence to the Watch and the Gate was opened and I drove to Leaden-hall Gate And when I came there I stopped again and one of them gave me Half a Crown and bad me go and buy a Fowl of one Hunt a Poulterer but after I had gone a little way from the Coach he called me again and said Here Coachman you had as good take an other Shilling and buy a Couple So I went and bought a couple of Fowls but I could find no such Poulterer as Hunt so I bought them of another and I gave three Shillings for them And when I came back to the Coach side I found Dr. Clenche as I thought sitting against the Fore-seat with his Head against the Cushion I pull'd him and cried Master Master for I thought he had been in Drink but I could not get one word from him and then I went to the Watch who were near and when they came we found him Strangled with a Handcherchief about his Neck and a Coal in it placed just upon his Wind-Pipe but the other two Men were gone L. C. J. Had one of the two Men a Cloak on J. Sikes I cannot remember that L. C. J. What kind of Habit had he Had he black Cloaths on J. Sikes My Lord I cannot tell justly what Cloaths he had L. J. C. You have heard him speak What said he J. Sikes My Lord he never spoke to me it was the other Man Mr. Harrison What kind of Man was the other Was he less than I or taller J. Sikes He was taller than you with his own Hair Mr. Darnell Can you be positive that the Prisoner at the Bar is one of those two Persons J. Sikes My Lord one of those two Persons had a Perriwig on of a Light coloured Hair And I do verily believe that the Prisoner at the Bar is the same Person I cannot be positive he is one of them but as near as I can judge of a Man whom I have seen but once he is one of them Mr. Harrison My Lord I desire your Lordship to observe the time that he took the two Men up and what time it was that they ran out of the Coach L. C. J. Coachman what time was it that they left your Coach J. Sikes About half an hour past Ten and it was about a quarter of an hour past Nine when I took them up Mr. Darnell Pray let 's ask the Coachman one thing more Coachman Look upon that Handcherchief do you know it and where did you see it The Handkerchief was produced by the Coroner J. Sikes I do believe that it is the same Handkerchief that was about Dr. Clenche's Neck when he was found Murdered L. C. J. Call the Coachman again Harke you In what Posture did you find Dr. Clenche when you came back to your Coach J. Sikes My Lord he was sat in the Bottom of the Coach leaning on one side with his head against the Cushion L. C. J. Was a Handkerchief then about his Neck J. Sikes Yes my Lord I untied this Handkerchief and this is the same and here is the Coal that was lapt in it It was lapt in the middle of it and it laid just against the Doctor 's Wind-Pipe Mr. Darnell Call Mr. Rebone and Mr. Marriot Who were Sworn Mr. Darnell Mr. Rebone tell what you know concerning the Handkerchief and how you found the Doctor He takes the Handkerchief and looks on 't Mr. Rebone This Handkerchief was about the Doctor 's Neck and the Coal in it and it lay just upon his Wind-pipe when I saw him Dead in the Coach The Coachman came to Mr. Marriot's House and ask'd for a
It is most plain if you believe the Witnesses that Mr. Harrison was concerned for this Woman Vanwick and hath threatned Dr. Clenche called him Rogue and Rascal and said that he deserved to have his Throat cut that Harrison went under a Disguise for some time before the Murder You have had an Account of the Handkerchief what kind of Handkerchief Harrison had and what Handkerchief was taken about Dr. Clench's Neck you have seen And you heard what Evidence was given by Mr. Humstond how the Prisoner was with him about nine a Clock that Night and how he refused to stay and sup with Mr. Humstond If Mr. Harrison had no earnest business one would have thought he might have staid with Mr. Humstond better than to have gone to an Ale-House in Crown-Court and plaid at Cards at one Penny a piece a Corner he might have had better Fare no doubt The Witnesses for the Prisoner say for him That he came to Maccafee's House about 9 a Clock at night and staid till eleven That is contrary to that Evidence given for the King viz. That he was in the Coach at Brownlow-street End for if he was at Maccafee's House all the time they mention it is impossible he should be guilty All those things are under your serious Consideration You had best go together and if you are not satisfied upon the Evidence you have heard that he is guilty then you ought to acquit him but if you are satisfied that he did commit this Murder then you ought to find him guilty Then the Jury withdrew and the Court adjourned for half an hour and when they were returned the Jury came to give their Verdict and being called over answered to their Names and Mr. Harrison was brought to the Bar. Cl. of Arraign Gentlemen Are you all agreed of your Verdict Jury Yes Cl. of Arraign Who shall say for you Jury Our Foreman Cl. of Arraign Henry Harrison Hold up thy Hand Which he did Look upon the Prisoner How say you Is he guilty of the Felony and Murder whereof he stands indicted or not guilty Foreman Guilty of wilful Murder Cl. of Arraign What Goods or Chattels c. Foreman None that we know of Major Richardson Look to him he is found guilty of wilful Murder Cl. of Arraign Then hearken to your Verdict as the Court hath recorded it You say that Henry Harrison is guilty of the Felony and Murder whereof he stands indicted but that he had no Lands nor Tenements Goods nor Chattels at the time of the Felony and Murder committed nor at any time since to your Knowledg And so you say all Jury Yes Then the Prisoner was remanded to Newgate until the last Day of the Sessions and then he was brought to the Bar to receive Sentence of Death Cl. of Arraign Henry Harrison Hold up thy Hand Which he did Henry Harrison You stand convicted of Felony and Murder for the Murder of Dr. Andrew Clenche What can you say for your self why Judgment should not be given against you to die according to Law Mr. D. Recorder Mr Harrison You have been Indicted Arraign'd and Convicted of Felony and Murder for the Murder of Dr Andrew Clenche You have had a long and a fair and favourable Tryal as any Person that ever have been Tryed at this Bar. The Jury that has passed upon your Life and Death hath Convicted you and the Court are now ready to do their last Act which is to pronounce that Sentence that the Law does inflict upon such Crimes as you stand Convicted of Mr. Harrison I expect no Mercy here therefore I humbly desire you would interceed to the Queen that I may have twelve Days allowed me in order to my better Preparation for Death Mr. D. Recorder Well Mr. Harrison I must needs acknowledg that I was Tryed before the best of Judges my Lord-Chief-Justice Holt but one thing I think strange that my Witnesses should be examin'd singly and not the King 's Mr. D. Recorder That is no more than what is usual the Counsel for the King and Queen requested it and you did not Mr. Harrison I begg'd that I might have timely notice of my Tryal and I had not there were seven People in my Company at the time when this black and bloody Murder was done and I could not get them to be here Mr. D. Recorder You have had a long time to get them ready and you pressed on your own Tryal which you should not have done if you had not been ready Mr. Harrison I humbly submit Then the usual Sentence of Death was pronounc'd against him and he was Remanded to Newgate The Examination of Henry Harrison this 6th Day of January 1691. THIS Examinant being ask'd where his Lodgings are answereth That he Lodgeth at the Golden-Ball in Paul's Church-Yard and came to Lodge there on Monday Night about Eleven of the Clock or half an hour after but took the Lodgings in the Morning the Master of the House being one Mr. Jones a Cane-Chair-Seller and before that time this Examinant lodged at the Hand and Apple near the Exchange which said Lodging he left on Saturday last in the Morning and paid for them on Sunday Afternoon And this Examinant saith That on Saturday Night last he lodg'd at the White Belcony in Old Southampton-Buildings the Mistress of the House being one Mistress Pitts And this Examinant Lodged there on Sunday Night also And this Examinant saith That he was at the King's Head in Crown-Court in Chancery-Lane upon Monday last from between Seven and Eight of the Clock at Night and stayed there until Eleven playing at Cards with the Man and Woman of the House and other Persons unknown And being ask'd where he Dined on Monday and how he spent his Time on Monday in the Afternoon he saith he cannot give any Account And this Examinant saith that on Tuesday last Mr Hartly of Old Southampton-Buildings discoursing concerning the Murder of Doctor Clench said That this Examinant was suspected to be Guilty of that Murder And this Examinant further saith That he wore the same Clothes he hath now on upon Monday last and hath worn them a great while having no other Clothes to wear Capt. Cognit 6 die Januarij 1691. Coram J. Holt. Hen. Harrison THE TRYAL OF John COLE FOR THE MURTHER OF Dr. Andrew Clenche 1692. LONDON Printed by Thomas Braddyll and are to be Sold by William Battersby at Thavies Inn-Gate and R. Baldwin near the Oxford Arms in Warwick-lane MDC XCII THE Arraignment Tryal and Acquittal OF JOHN COLE FOR THE MURTHER OF Dr. Andrew Clenche At the Sessions of Gaol-Delivery of Newgate holden for the City of London at Justice-Hall in the Old Baily on the 31st day of August and on the 1st and 2d days of September in the 4th year of their Majesties Reign Judges present Mr. Justice Dolben and Mr. Justice Powel THE Keeper of Newgate did according to Order of the Court being sate on Friday the 2d day
of September bring up the body of John Cole to the Sessions Pouse in the Old-Baily London who being at the Bar was Arraigned upon an Indictment of Felony and Murther found against him by the Grand-Jury of the City of London for the Murther of Dr. Andrew Clenche Clerk of Arraignment JOhn Cole hold up thy Hand Which he did You stand Indicted by the Name of John Cole of London Labourer for the Murther of Dr. Andrew Clenche c. and the Indictment is in such manner as that against Mr. Henry Harrison How say you John Cole are you Guilty of the Felony and Murther whereof you stand Indicted or not Guilty Joen Cole Not Guilty Cl. of Ar. Culprist How will you be Tryed John Cole By God and my Country Cl. of Ar. God send you a good Deliverance And afterwards the said John Cole was brought to the Bar upon his Tryal and those Persons who were returned upon the Jury were called over twice and their Appearances recorded Cl. of Ar. You John Cole These Men that you shall hear call'd and personally do appear are to pass between our Sovereign Lord and Lady the King and Queen and you upon Tryal of your Life and Death if therefore you will challenge them or any of them your time is to challenge them as they come to the Book to be Sworn and before they be Sworn Then the Jury were call'd and Sworn and th●n were counted and the Twelve Sworn were these whose names follow JVRORS John Clay Edward Sherlock John Ruddyer Cuthbert Lee Thomas Watson Thomas Milburne Ben. Evens George Bestow Archibauld Wilson Thomas Applebury Nicholas Harris Ralph Cates Sworn Then Proclamation was made for Information and Evidence as usual Cl. of Ar. John Cole Hold up thy Hand Which he did Gentlemen You that are Sworn look upon the Prisoner and hearken to his Cause He stands Indicted by the Name of John Cole late of London Labourer c. as in the Indictement Upon this Indictment he hath been Arraigned and thereunto hath pleaded not Guilty and for his Tryal hath put himself upon God and his Country which Country you are Your Charge is to enquire whether he be Guilty of this Felony and Murther whereof he stands Indicted or not Guilty If you find that he is Guilty you are to enquire what Goods or Chattels Lands or Tenements he had at the time of the Felony and Murther Committed or at any time since If you find him not Guilty you are to enquire whether he f●ed for it if you find that he fled for it you are to enquire of his Goods and Chattles as if you found him Guilty if you find him not Guilty nor that he did fly for it you are to say so and no more and hear your Evidence Cl. of Ar. Cryer Call Mary Milward Joseph Dueley John Dueley Jane Warren Sarah Dueley Anne Gann Anne Gesson Anne Warren Elizabeth Harper Mary Edwards John Gamble John Sykes Robert Robone Richard Eades Richard Marryott Samuel Reve● Henry Milward Squire Dalley William Brown Francis Hobbs Who were all Sworn Cl. of Ar. Set Mary Milward up Mr. Justice Dolben What have you to say Woman against Cole the Prisoner concerning the Murther of Dr. Clenche Mrs. Milward My Lord my Husband declar'd to me that he and Mr. Cole were in the Coach with Dr. Clenche and that they two kill'd Dr. Clenche Mr. J. Dolben That 's no Evidence at all what your Husband told you that won't be good Evidence if you don't know somewhat of your own knowledge Mrs. Milward My Lord I have a great deal more that my Husband told me to declare Mr. J. Dolben That won't do what if your Husband had told you that I kill'd Dr. Clenche what then That will stand for no Evidence in Law We ought by the Law to have no Man call'd in question but upon very good Grounds and good Evidence upon Oath and that upon the Verdict of twelve good Men. Have you any body that can prove any thing against Cole or does it all arise barely from your Husband's Report Mrs. Milward My Husband declared that he and Mr. Cole were to go under a pretence to Rob the Doctor and so to take their Opportunity to kill him and the first time they call'd at Doctor Clenche's he was not within but the second time they went he was within and then they did the Murther Mr. Justice Powel When dy'd your Husband Mistriss Mrs. Milward The 23 d. of May last Sir Mr. J. Dolben Here hath been two or three Sessions since that time why did not you take up Cole about it before now Mrs. Milward I did not know where to find him Mr. J. Dolben Why then you should have gone to a Magistrate and told him of it and have taken some advice about it Mrs. Milward I did assoon as I had found Mr. Cole Mr. J. Dolben Your business had been to have discover'd this to Mrs. Clenche and she should have look'd after Cole is Mrs. Clenche here Sir Will. Ashurst Here is her Brother-in-Law Mr. J. Dolben Do you prosecute Cole upon this Indictment Mr. Wise No my Lord I do not Mrs. Milward is the Prosecutor and she charged Mr. Cole with the Murther of my Brother Dr. Clenche and she told my Sister Clenche that Mr. Milward her Husband confessed and said sometime before his Death that he and Mr. Cole Murther'd Dr. Clenche in a Coach and Mrs. Milward said That she had sufficient Evidence against Mr. Cole for it and my Sister Clenche told Mrs. Milward that Mr. Harrison Murther'd Dr. Clenche in a Coach together with another Person which my Sister Clenche said she believed was the said Mr. Milward Husband of the said Mrs. Milward and that she had a Warrant against him the said Mr. Milward upon Suspicion for it but could not take him and that she suspected that there were other Persons contrivers or concerned in it who were set down at the Blue-Boar's Head Ale-House near Clements-Inn by Mr. Gamble a Coach-man out of his Coach together with the said Mr. Milward in their return from Dr. Clenche's House that Night he was Murder'd and my Lord by my Sister Clenche's Order I went with Mrs. Milward to all her Witnesses and took Notes of their Evidence and I went with several of them to my Lord Chief Justice Holt's Chamber before whom they gave in their Informations upon Oath about it and when I had done it I told Mrs. Milward I could find no Evidence that she had against Mr. Cole more than that he was at Dr. Clenche's House and at the said Blue-Boar's-head Ale-house with Mr. Milward and another Person that Night Dr. Clenche was Murdred and so he might be concern'd in the contrivance of it whereupon Mrs. Milward was dissatisfied and said she was not able to Prosecute him for it so my Sister said to Mrs. Milward that she might if she would preferr an Indictment against him for it and that she would pay for it and