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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

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

last Sessions I told Mrs. Clench of it and that if she would send for the Young Woman she would inform her further of it L. C. J. Madam Pray what was the reason that she did not Discover it sooner to Mrs. Clench Mrs. Anwell Why truly because Mrs. Ashbolt her Mother was unwilling she should concern her self in such a Matter Mr. Darnell Call another Witness Mr. Jones Coachmaker who was sworn Mr. Harrison Pray my Lord take notice that now she says that those Gentlmen had Cloaks on that came in the Coach to Brownlow-street end L. C. J. Yes we heard her what she said Mr. Darnell My Lord I will ask this Witness Mr. Jones a Question Mr. Darnell Pray Sir tell my Lord and the Jury what Mrs. Ashbolt did at Newgate Mr. Jones My Lord I went with her to Newgate together with Doctor Clench his Coachman and when she came to Newgate before she saw Mr. Harrison only stood at the Chamber Door and hoard him speak she said that to the best of her thoughts he was the man that put his Head out of the Coach to look after the Coachman and Swore at him for she knew his Voice And when she came to see him she said that she knew his Face and Declared that was the Man that put his Head out of the Coach L. C. J. Did he look out of the Coach Mrs. Ashbolt Mrs. Ashbolt Yes my Lord he put his head out of the Coach and look'd after the Coach-man to see if he went Right to Doctor Clench's Door and did swear at him because he went no faster L. C. J. How could you discern his Face Mrs. Ashbolt By the Light of two Lamps that were near which did shine into the Coach L. C. J. Can you take it upon your Oath that the Prisoner is the same Person Mrs. Ashbolt Yes my Lord I can both by his Voice and Face Mr. Darnell Now my Lord we shall shew your Lordship somewhat in Relation to the Credit of those Witnesses that the Prisoner hath brought here Particularly as to Mr. Baker we shall prove that he hath been Convicted for a Cheat. And as for Maccaffee he keeps a very disorderly House where ill People commonly resort Mr. Darnell Cryer Call Mrs. Martha Whelstead and Mr. Thomas Cole L. C. J. Mrs. Jones what time did Mr. Harrison come to your House to his Lodging that Night that the Murder was committed Mrs. Jones I think it was about Eleven a Clock or a little before Eleven L. C. J. What time on the Monday did he hire the Lodging of you Mrs. Jones It was sometime after Dinner L. C. J. It was before Night was it not Mrs. Jones Yes my Lord it was before Night Mr. Darnell My Lord I desire that Mr. Tanner may Read the Record against Mr. Baker whereby it will appear that he was Indicted and Convicted at Hixes-hall for Cheating the Parish of St. Giles in Middlesex when he was Scavenger there by altering the Figures in the Book and Rateing the Sums of Money Higher upon divers of the Parishioners than they were in the Parish Book and then Collecting and extorting the Money so by him increased from them Mr. Tanner Reads the Indictment aforesaid by which it did appear to the Court and to the Jury that the said Mr. Baker was Indicted for the Offence aforesaid and confessed the Indictment and was fined for it twenty Shillings Mr. Baker My Lord I was wrongfully Indicted and Traversed the Indictment and was acquitted L. C. J. Mr. Tanner give me the Record Lord Chief Justice peruses the Record Mr. Baker I have Read the material parts of the Record and do find that you were Indicted for that offence and that you confessed the Indictment and were fined for it Mr. Baker My Lord I was acquitted of it and can prove it by Captain Cannon who knows me and my Reputation and he is in Court L. C. J. Mr. Baker the Record testifieth the Truth and cannot erre therefore you have great Confidence to aver against it yet I will hear what Captain Cannon saith Mr. Baker Call Captain Cannon who appeared L. C. J. Capatin Cannon do you know this Mr. Baker Captain Cannon Yes my Lord very well Mr. Darnell My Lord I desire that Captain Cannon may be sworn L. C. J. Mr. Tanner Swear Captain Cannon who was sworn L. C. J. Sir do you know that Mr. Baker was Indicted for falsifying of the Scavengers Book when he was Scavenger and Acquitted or Convicted and what do you know about it Captain Cannon My Lord I am an Inhabitant of the Parish of St. Giles in the Fields and so I was when Mr. Baker was Scavenger and do well remember thas some of the Inhabitants of that Division whereof he was Scavenger were troubled and complained that they were charged more than usually they had been to the Scavengers Rate and it was discover'd that several Figures of the Book by which Mr. Baker Collected the Money to the Scavengers Rate were blotted and altered and did not agree with the Parish Leadger-Book but the Sums in his Book so blotted and altered were raised whereupon it was ordered that he should be Indicted for it and it was done accordingly and he was Fined for it and to the best of my Remembrance he confessed that Indictment L. C. J. Captain Cannon Pray tell the Court and the Jury of what Reputation Mr. Baker is now Captain Cannon My Lord he is now of none of the clearest Reputations Captain James Partrich of the same Parish being in Court offered himself and gave the same Account of Mr. Baker that Captain Cannon did Mr. Darnel Crier Call Mr. Francis Brampton Mrs. Martha Whelstead and Mr. Thomas Cole And Mrs. Whelstead and Mr. Cole appeared and were sworn Mr. Darnel Mrs. Whelstead pray give the Court and Jury an Account what disorderly House Mr. Maccaffee keeps Mrs. Whelstead My Lord I dwell in Crown-Court in Chancery-Lane over against Mr. Maccaffee's House and he and she are very ill People and keep a very evil and scandalous House and such as are reputed to be House-breakers Pick-pockets and Lewd-women do use and frequent the House and there is commonly at late hours in the Night Persons calling out Murder and Whore and Rogue and such sort of Language disturbing their Neighbours and their House hath been several times searched by several Constables for stollen Goods and for the Persons that have stolen them and upon such Searches there have been stolen Goods found there And I have seen great Lewdness there between Men and Women and the Neighbours do account it a House of an ill Fame and do avoid going thither Mr. Tho. Cole My Lord I do know Mr. Maccaffee and his Wife I do dwell over against his House and they are reputed to keep an ill House and most Persons that frequent it are reputed to be Persons of lewd and evil Lives and Conversations and it is amongst the Neighbourhood noted for a scandalous House

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