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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
Mrs. Vanwick was almost Starved to Death Mr. Harrison Rowe Rowe I meant my Lord. The Prisoner being then in a Passion L. C. J. Mr. Harrison do not fall into a Passion it may be more to your Advantage in the making your Defence if you keep your Temper L. C. J. Witness What were the Words that he said against Doctor Clenche Mrs. Sheriff Why he speaking of Doctor Clenche said to Mrs. Vanwick God damne him would he have a Person of your Quality go to Service he deserves to have his Throat Cut well Madam says he be contented I 'll manage him as never any Man was managed Mr. Harrison What had you for your Swearing Coroner for the King and Queen Witness he asketh you if you had any thing for your Swearing against him Mrs. Sheriff No I had nothing neither have I need of any thing I had not so much as my Coach-hire Mr. Darnell Call Mrs. Elizabeth West Mr. Darnell Mistress give an Account to the Court what you know about the Prisoner's coming to demand Rent of you and what passed Mrs. West May it please your Lordship this Gentleman the Prisoner came to me two or three Days before St. Thomas his Day last and desired me to give him some Rent for Mrs. Vanwick and I told him I had no Power to Pay him because I was warned by Dr. Clenche to Pay no more says he to me again Dr. Clenche and Rowe are great Rogues and great Villains Sir says I to him again I believe that the Doctor is a very honest Man No says Mr. Harrison he is a great Villain and he will never Die in his Bed which of them he meant Mr. Rowe or Dr. Clenche I cannot tell And Mrs. Vanwick and Mr. Harrison a little time before that pressed me to let them have some Shop Goods in part of her Rent to grow due and she made great Complaint that her Children were ready to Starve and I then told them that Mr. Johnson had fore-warned me to pay any more Rent to Mrs. Vanwick and if I did I should pay it again and therefore I would not pay any more Rent to her or deliver her any Goods until she had agreed with Mr. Johnson and then Mr. Harrison said that Mr. Johnson was a great Villain and a great Rogue and that they had all Combined together to Cheat the Widow And Mr. Johnson being at my House Mrs. Vanwick fell upon him in a great Rage and said she would Tear his Throat out and laid hold on him and Mr. Johnson got from her and went away in great haste And the last time I saw Dr. Clenche I pressed very hard upon him to let Mrs. Vanwick have more Money and the Doctor said that she would never do any good with it for she spent it all upon Mr. Harrison and I wished him to let her have Twenty Pounds more and he said that he advised her to go to Service and that he had wished her to a Service of Twenty Pounds a Year and she abused him for it L. C. J. What Cloathes had the Prisoner on Mrs. West My Lord he had an Old Thread-hare black Cloth Suit of Cloaths on which looked very shabby Mr. Harrison What Religion are you of Mistress Mrs. West I was born and bred up a Protestant Mr. Harrison I believe you are a Papist and will Swear any thing you keep Roman Catholicks in your House they have Murdred Dr. Clenche for ought I know L. C. J. Did Mr. Harrison ever Lodge in your House Mrs. West No my Lord I have none but Persons of Quality Lodge in my House and they belong to the present Government Mr. Darnell Call Anne Watson Who was Sworn Mr. Darnell Pray tell my Lord and the Jury what you know of Mr. Harrison's taking of Lodgings at Mr. Garway's House and when it was Anne Watson He came about Six a Clock at Night the Day before Christmas-Eve last to my Master's Mr. Garway's House and told us that he was newly come out of the Country and Lodged there that Night and so he did until and upon the last Night of December and on the first Day of January he went out and staid out that Night and on the Sunday the third of January last at Night he came again with a Person with him and fetch'd away his Portmanteau-Trunk and things and paid for his Lodging and in his absence there was a Letter left for him which I gave him and he said it came out of the Country and that he had a Friend sick in the Country and did intend to go down to see him being one from whom he expected a Legacy and he left that Letter on the Kitchin Window and on the Monday after being the fourth Day of January last he sent a Letter signifying he was gone out of Town Then the Letter was produced Marked with the Penny-Post Mark. Mr. Darnell Who knows Mr. Harrison's Hand Mr. Johnson take that Letter and look upon it and tell the Court if you think it to be Mr. Harrison's Hand Mr. Johnson takes the Letter and looks upon it Mr. Johnson My Lord I believe it to be Mr. Harrison's Hand Mr. Darnell My Lord I desire that the Letter may be read L. C. J. Mr. Clerk of the Peace read the Letter and the Subscription first Clerk of the Peace reads To Mrs. Garraway at the Hand and Apple in Thread-Needle-Street near the Royal-Exchange Present Mrs. Garraway I Am sorry it should be such an inconveniency to you as it is I have left with your Maid Three Half Crowns and if it is not enough I will give you more I am gone out of Town for a Week or Ten Days and as soon as I come again I will wait on you which is all till I see you from Your Friend and Servant H. Harrison 4th of Jan. 1691. Mr. Darnell Call Mr. Henry Garway and his Wife Who were called and Sworn Mr. Darnell Mrs. Garway take that Letter and look upon it and tell the Court when you received it Then She takes the Letter which was produced and read as before and looked upon it Mrs. Garway My Lord I received this Letter on Monday the 4 th Day of January last L. C. J. Watson When did he leave the Lodgings say you Anne Watson He went away the first of January last about Nine a Clock in the Morning and returned not that Night but on the second of January last he was at my Mistress's Shop again as my Mistress told me and he came about five a Clock on the next Sunday Night being the third of January last with a Person with him to my Master's House and fetch'd away his Portmanteau-Trunk and Things and left Three Half Crowns with me for his Lodgings which I gave to my Mistress Mr. Darnell Call Mrs. Catharine Jackson Who was Sworn Mr. Darnell Pray tell my Lord and the Jury what you know concerning Mr. Harrison's coming to Lodge at Mr. Garway's and when he went away
and several Constables have several times searched there for stolen Goods L. C. J. What have you more to say Mr. Harrison Mr. Harrison I cannot say any thing more you may deal with me according to my Deserts in this Matter L. C. J. You may assure your self that we will do you no wrong Have you any more to say He made no Reply Mr. Darnel My Lord We have another Witness come now who was not here before Crier Call Mr. Charles Whitfield Who was sworn Mr. Darnel My Lord This Gentleman can give your Lordship an Account what the Prisoner said of his being just come out of the Country upon the fifth of January last Pray tell my Lord what you know Sir Mr. Cha. Whitfield My Lord Upon the fifth day of January last being the Day after Dr. Clench was murdered I went to Joe's Coffee-House in Salisbury-Court and there Mr. Harrison sitting by the Fire-side says I to Mr. Harrison Where have you been for a long time that I have not seen you Says he I have been in the Country Where says I Says he about twenty Miles off in Kent and I want a Landress and a Lodging Says I do you hear the News Sir What News says he Why said I of Dr. Clench's being murdered I cannot tell the Occasion said I but he was found dead in a Coach last Night in Leadenhall-street Then says he I did love him very well once but of late he hath been a barbarous Rogue to a Gentlewoman a Friend of mine and she is in the Compter now And Mr. Harrison said it was a just Judgment of God upon the Doctor for being so great a Villain to the Gentlewoman therefore I will write to her presently and give her an Account of his Death And my Lord the Contents of his Letter were these as near as I can remember Madam I Am just now going to Lambeth but hearing of Dr. Clench's Murder I do hereby give you an Account of it and can impute it to no less than a just Judgment of God upon him for his Baseness shewed to you And if you think fit to send to Madam Clench it may be she may send somewhat towards your Relief she now being a Widow as well as you Madam I am yours to command Henry Harrison My Lord after this came into the same Coffee-House another Person one Mr. Ravenscroft of whom Mr. Harrison asked some Question about Dr. Clench who reply'd That he heard that Dr. Clench was murdered and that it was committed by a Bully of the Town that belonged to a Gentlewoman in the Compter who was laid in there upon Dr. Clench's account at which he was much startled Says he again There is no Person familiar with that Gentlewoman but my self for I know and am concerned in all her Affairs Perhaps then I may be taken up about it Or my Lord he used Words to that effect Mr. Harrison My Lord this Woman was not in the Compter upon Dr. Clench's account L. C. J. No the Witness don't say so but that it was the Discourse of the Town that she was and the Town did suppose her so to be What did he say further Sir Mr. Whitfield My Lord he said that he had been in Kent about twenty Miles off and he said that he wanted a Landress because he had some foul Linnen to wash which he produced This was on the Tuesday and the Murder was committed on the Monday-night before And my Lord there were two more Gentlemen that heard him as well as I that he said That he had been about twenty Miles off in Kent and that he was newly come to Town Now my Lord I could not imagine for what Reason this Man should say that he had been out of Town about a Fort-night or three Weeks when he was in that House but the Monday-night before that is the Night the Murder was committed Mr. Darnel Crier call Mr. Bishop Who appeared and was sworn Mr. Bishop About three Years ago the Prisoner came to my Master's Shop to cheapen some Linnen and when L. C. J. Hold what are you doing now Are you going to arraign his whole Life Away away that ought not to be that is nothing to the Matter Have you done Prisoner Mr. Harrison Yes my Lord I have done I refer my Cause to your Lordship Then the Court summed up the Evidence very particularly to the Gentlemen of the Jury as followeth L. C. J. Gentlemen of the Jury The Prisoner at the Bar Henry Harrison stands indicted for the wilful Murder of Dr. Andrew Clenche who was barbarously murdered on the fourth day of January last You have heard the Witnesses that have been sworn and upon their Testimony it doth appear that two Persons came to Brownlow-street-End in a Coach after nine a Clock at night and sent the Coach-man to the Doctor 's House under pretence to get him to a Patient a Friend of theirs that was sick By this Contrivance they got him into their Coach which they had brought for that purpose and then they ordered the Coach-man to drive to Leadenhall-street and when they came about Holborn-Bars one of them ask'd the Coach-man why he drove so slow and bad him drive faster When they came to Leadenhall-street then they bad him drive to the Pye-Tavern without Aldgate where one of them bad the Coach-man ask for one Hunt but he not being there one of them bad the Coach-man return back and gave six Pence to the Watch to come through the Gate which was shut in the mean time and when they came to Leadenhall-Market one of them gave the Coach-man three Shillings and six Pence and sent him to buy a couple of Fowls which the Coach-man did buy and brought them to the Coach but when he came back he found the Doctor in the body of the Coach leaning against the fore Seat of the Coach a Handkerchief being tied about his Neck with a Coal in it placed upon his Wind-pipe which Hankerchief and Coal have been produced in Court The Question is Gentlemen Whether the Prisoner at the Bar be Guilty of this base and barbarous Murder To prove which there have been a very long Evidence given some Positive some Circumstantial It has been proved that Dr. Clenche had some Dealings with a Woman named Vanwicke and had lent her one hundred and twenty Pounds and had taken a Mortage for it This Prisoner Mr. Harrison was a great Acquaintance and very intimate with this Woman and did concern himself in the management of her Affairs and because Dr. Clenche did refuse to lend the Woman more Money therefore he had an Animosity against Dr. Clenche The Money not being paid to the Doctor as he did expect he did call it in and therefore this Gentlewoman did oftentimes repair to Dr. Clenche to desire farther Time or Forbearance because she could not raise or procure the Money elsewhere That about Michaelmass last it seems she came to a Coffee-house near Warwick-house in
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