Offence: Killing > murder
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Henry Harrison , Gent. FOR THE MURTHER OF Dr. Andrew Clenche .
Die Mercurii Sexto die Aprilis, Anno Regni Domini Gulielmi & Dominae Mariae Regis & Reginoe, Anglioe, &c. Quarto.
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
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 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 Hurrison, 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 Henry Harrison, late of London, Gent. &c. [he reads the Indictment.] 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 wherof 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 fled for it. If you find that he fled for it, you are to enquire of his Goods and Chattels, 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.
Mr Darnell, - My Lords, Mr Harrison's Agents or Friends have since the last Sessions, made or conveyed away a young Man that was a Principal Evidence against him.
L. C. J. That is a very ill thing, and if it be prov'd, it will no way conduce to Mr Harrison's Advantage.
Mr Harrison, My Lord, I know nothing of it. But my Lord, one of my Witnesses that would have been material for me, is lately dead, Sir Edward Hungersord's Son.
Mr Darnell, May it please your Lordships, and you Gentlemen that are sworn, I am of Councel for the King and Queen against the Prisoner at the Barr, who stands Indicted for the Murther of Dr Andrew Clenche, which was as barbarous a Murther as any that hath been committed in this Age. And considering it was done in the Dark, I think there will be given as clear an Evidence of it against Mr Harrison the Prisoner, as can be expected. And that it was upon
Gentlemen, We will call our Witnesses, and if they prove all this matter, I believe every Man here will be satisfied that the Prisoner at the Bar is Guilty of this base murther.
Mr Darnell. Pray call and swear Mr George Wigmore. [who was sworn with others.
Mr George Wigmore, May it please your Lordship, there was a draught of a Mortgage from Mrs Vanwicke to Dr Clenche, made by a Gentleman of Grays-Inn for the Sum of One hundred and twenty Pounds, and I Ingross'd in; and I paid by the Doctors Order above Threescore Pounds of the Money, and the rest of it was satisfied before; and upon sealing of the Mortgage for the Money, Mr Harrison, and one Mr Rowe fell out about their Dividend of the Money, and called one another ill Names; and Mr Rowe produced a Bill of what he had done and laid out for Coach-hire and other things for Mrs Vanwicke, and Mr Harrison and he had high words about it, and called one another Rogues; so I told them if they could not agree, I would put the Money up again, and carry it home; but Mrs Vanwicke and they did agree at last, and sealed the Mortgage, and I paid the Money; and Mrs Vanwicke and Mr Harrison took out twenty Pounds of the Money, and paid it to Mr Rowe; and after Mr Rowe was gone, they desired me to go with them to the Young Devil Tavern, and they both used hard Expressions there against Mr Rowe.
L. C. J. Who was the Mortgage made to?
Mr Wigmore, My Lord, it was made to Dr Clenche for one hundred and twenty Pounds.
Mr Harrison, Pray Sir will you tell the Jury how much Money the Gentlewoman had, and if Mr. Row had not stept between me and her, I had not been in Question.
Mr Wigmore, Mrs Vanwicke acknowledged that the Money I paid her, made up one hundred and twenty Pounds.
L. C. J. What did you hear the Prisoner say against Dr Clenche?
Mr Wigmore; My Lord, I do say that he was very troublesome to the Doctor.
L. C. J. Were there any Reproaches cast upon the Doctor at that time?
Mr Wigmore, No my Lord, only upon Rowe, because he was a Trustee.
Mr Darnell, Did you hear him say any thing against the Doctor?
Mr Wigmore, Indeed I cannot particularly say.
L. C. J. He is upon his Oath, and he is sensible and understands the Question.
Mr. Wigmore. He did say very ugly Words, and when I met him afterwards in the High-way, he was very hussy, and I thought he would have drawn his Sword upon me.
L. C. J. What did he say of the Doctor?
Mr Wigmore, I cannot say particularly what he said.
L. C. J. Stand down.
Mr Darnell, Call Mr Thomas Johnson [who was sworn and stood up.]
Mr Darnell, Sir, Pray give the Court an Account what you know concerning this Matter.
Mr Johnson, My Lord, I believe I shall say nothing that Mr Harrison will contradict, I was Attorny for Dr Clenche between him and Mrs Vanwicke, and I sued Mr Rowe that was bound with Mrs Vanwicke
Mr Darnell, Pray Sir, did the Dr desire you to act for him in your own Name, because he had no mind to meet with Mrs Vanwicke and the Prisoner?
Mr Johnson, The Doctor did find himself too deeply concerned with them, and he did not care to have to do with them, whether it was that he was afraid of his Life, I cannot say; but he said to me, Pray Sir, go on, I will put all into your hands, and I will trust you with all the Affair, and let them come to you, and not trouble me, own it to be your own; and I told him, I feared none of them, and the Doctor gave out that he had made over all to me, although he had not, and upon this I fear, comes this unfortunate Business, and the Doctor's Lady must look after it her self.
L. C. J. What did he say when he had laid his Hand upon his Sword in your Study.
Mr Johnson, He said the Dr. had cheated the Widdow, and he said that he would be revenged on him, as near as my Memory will serve me, I suppose he will not deny it; whether he did this in a Passion, or to affright the Doctor or no, I cannot tell.
L. C. J. Was that before you offered to abate the twenty Pounds?
Mr Johnson, It was before I offered to abate it.
Mr Harrison, How long was it before Dr Clenche was murthred?
Mr Johnson, I think it was about a Fortnight or three Weeks, or a little more.
Mr Harrison, I never threatned the Doctor in my Life, but I said Rowe had been a Villain and a Cheat, and he and Rowe were the Men, and I shall make it appear that the Dr never wrong'd the Widdow.
L. C. J. How came Rowe to be intrusted or concerned with the Money?
Mr Johnson, My Lord, Mr Cornelius Vandinanker, a Merchant, gave a Legacy of five hundred Pounds to the Widdow Vanwicke and her Children, and Mr Rowe was a Trustee on the Purchase, and had by that the management of the Affair.
(Who being Sworn stood up.
Mr. Darnell. Mr. Howard, Give the Court an Account of what you know concerning the Prisoner's threatning Dr. Clenche.
Mr. Howard. My Lord, I was at Joe's Coffee-house near Warwick-House in Holborn, some considerable time before Dr. Clenche was Murdred, where Mr. Harrison used several very virulent Expressions against Dr. Clenche; amongst others, one was, That he was a Rogue and a Rascal, and deserved to have his Throat Cut. Mrs. Vanwick was then in Company, and they both said, That they then came from Dr. Clenche's.
Mr. Darnell. You are sure he said that Dr. Clenche deserved to have his Throat Cut.
Mr. Howard. Yes: He said, That Dr. Clenche deserved to have his Throat Cut.
Mr. Harrison. Who was I talking to?
Mr. Howard You were talking to Mrs. Mary Sheriff.
Mr. Darnell. Call Mrs. Mary Sheriff.
(Who was Sworn, and stood up.
Mrs. Sheriff. My Lord, Mrs. Vanwick came to my House with Mr. Harrison, and desired me to go with her to Dr. Clenche his House; and when we came there, she desired him to let her have Twenty Pounds more; and he said, No. If his House were full of Money, he would not lend her any more, so long as she kept Mr. Harrison Company, for he would spend it; and he advised her to be a Gentleman's House-keeper, and he would help her to a Place; and told her withal, That she owed him, One Hundred and Twenty Pounds, for which he would take One Hundred Pounds; and we left Mr. Harrison behind us at my House, and did not take him with us, because we were afraid he might anger the Doctor, and fall out with him; so when we came back, Mr. Harrison asked Mrs. Vanwick, what Dr. Clenche said; Why, says she, he faith, That he will not lend me any more Money while I keep you Company, for you will spend it, and that I must go to Service. To Service! said Mr. Harrison. God damne him, have a Person of your Quality go to Service! he deserves to have his Throat Cut; let me alone; I'll manage him as never any Man was managed, and so away they went together.
Mr. Harrison. Did not you say, that as you hop'd to be sav'd, that I was Innocent of the Thing?
L. C. J. She does not Accuse you of doing the Fact, but gives an Account of some Expressions that passed from you.
Mrs. Sheriff. You were always talking against Dr Clenche, and you said, God damne him, he was an Old Rogue, and that Mrs. Vanwick was almost Starved to Death.
Mr. Harrison. Rowe, Rowe, I meant, my Lord.
(The Prisoner being them 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.
(Who was Sworn.
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
L. C. J. What Cloathes had the Prisoner on?
Mrs. West. My Lord, he had an Old Thread-bare 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 Protostant.
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.
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
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 4th. 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 what you know of any Handkerchief he had.
Mrs. Jackson. He came on the Day before Christmas-Eve, to Lodge at my Father's, Mr. Garway's House, and Lodged there several Nights, and went away the third of January at Night, with his Things, but was absent some Nights between his coming and going away, and whilest he Lodged there, I observed a Handkerchief in his Hand, as I was making a Fire for him in his Chamber, and the more, because he had said, he was a Parliament-Man, and I thought it more like a Sea-Man's Handkerchief, than a Parliament-Man's, and our Maid had an Apron of the same kind of Stuff.
(Then the Handkerchief was produced in Court, by the Coroner, and the Coal in it, wherewith Dr. Clenche was Strangled.
Mr. Darnell. Mrs. Jackson, I desire that you would look upon that Handkerchief, and tell the Court what you know of it.
Mrs. Jackson. This is the Handkerchief that I saw Mr. Harrison hold to the Fire, when I was making of it in his Chamber, or very like that Handkerchief, for I observed it to be very like my Mother's Maid's Apron.
(Then a piece of the Maid's Apron was produced, and they being compared, were very like.
Mr. Harrison. Did you hear me say, I was a Parliament Man.
Mrs. Jackson. Yes, I heard you say so.
Mr. Harrison. Perhaps, you might hear my Boy say so.
Mrs. Jackson. Your Foot-boy said, you were a Parliament Man: And you said so your self.
Mr. Darnell. Call Mr. Garway again.
Mr. Darnell. Where is the Letter you received from Mr. Harrison, since he was a Prisoner.
L. C. J. What do you say, about a Letter that came to your House from the Prisoner.
Mr. Garway. My Lord, I had this Letter from him last Saturday, directed to my Wife, and I believe it to be his Hand.
(He produceth the Letter,
Mr. Darnell. My Lord, I desire that the Letter may be read.
L. C. J. Read the Letter, Mr. Tanner.
(Cl. Peace reads.
I Was informed Yesterday, that you are to Appear against me, at next Sessions. I am sure, you never heard me mention Dr. Clenche, in all your life; and if you do, it will look like Malice. My Lord Chief Justice is sensible of the Wrong done me. This is all from
Your Servant, Hen. Harrison.
L. C. J. Mr. Harrison, Did I ever tell you, That I was sensible of it?
To which he made no Reply.
Mr. Darnell. Call Mr. John Cartwright.
Who was Sworn.
Mr. Darnell. I would have you Declare, what you heard Mr. Harrison say, concerning Dr. Clenche.
Mr. Cartwright. My Lord, Upon the Third of January last, Mr. Harrison came to Woodstreet Compter; it was on a Sunday in the Evening, about Five or Six a Clock, I was standing in the Gate, and I let him in. As soon as he came in, lie asked, how poor Mrs. Vanwick did; says he, she hath been wronged of Five Hundred Pounds within this 12 Months: Then I let him into the Court, and he went into her Chamber; and about half an Hour after, I was sent by my Master, to require some Chamber-Rent of Mrs. Vanwick, and I heard Mr. Harrison and she at high Words, and in a great Passion, and I heard Mr. Harrison Swear, God damn his Blood, he would be reveng'd of that Rogue, and named Clenche or Winch, I cannot tell which, and he would have his Blood, e're it were long.
Mr. Harrison. Where were you?
J. Cartwright. My Lord, I was at the Chamber-door, and there was no Body on that side of the House, but Mr. Harrison, Mrs. Vanwick, and my self.
Mr. Darnell. Call, Mrs. Mary Jones.
(Who was Sworn.
Mr. Darnell. Now, my Lord, I will call one to prove, where he took a new Lodging, the very Day the Murther was done.
L. C. J. Cartwright, Was that in Mrs. Vanwick's Chamber that you heard him Swear so?
Mr. Cartwright. Yes, my Lord, in her Chamber, and none was with her, but he only.
Mr. Darnell. You, the last Witness Mrs. Jones, When did Mr. Harrison come to Lodge at your House?
Mrs. Jones. He came on a Monday.
Mr. Darnell. What Day of the Month was it?
Mrs. Jones. I can't tell what Day of the Month, for I did not set it down.
Mr. Darnell. Was it the Monday before he was taken?
Mrs Jones. Yes, it was the Monday before.
Mr. Darnell. Whence did he pretend to come?
Mrs. Jones. He said, that he was come out of the Country, and had formerly Lodged in Fleet-street, and that where he had Lodged formerly, they had left off House-keeping, and were gone into the Country.
L. C. J. Where is your House?
Mrs. Jones. In Paul's Church-Yard, at the Sign of the Golden Ball.
Mr. Darnell. Call James Howseman.
(Who was Sworn.
Mr. Darnell. Do you tell what you know, about Mr. Harrison's being at Mr. Jones House.
Mr. Darnell. Did you hear him say, from whence he came?
James Howseman. No, I did not.
Mr. Darnell. Call Anne Evans.
Who did not Appear.
Mr. Darnell. Then, Call Mr. Robert Humston.
Who was Sworn.
Mr. Darnell. Mr. Humston, I desire you will give the Court an Account; of Mr Harrison's being at your House, that Night Dr. Clenche was Murdered.
Mr. Humston. My Lord, I met Mr. Harrison on Monday the 4th of January last, and he told me, he was going to the Compter, to a Gentlewoman that was much oppressed, and that he wanted Money to get her Released; upon which, I gave him some Money, and after some Discourse, I desired him to bring home my Gown, that I formerly lent him, and seemed angry with him, for that he had several times promised me to bring it home, but had failed therein; and thereupon he promised, that I should have it that Night: And that Evening about Nine of the Clock, he came to my Lodgings, and brought home my Gown, and when he came, I asked him, if he had gotten Mrs. Vanwick Released: And Mr. Harrison answered, No. Upon which, I blamed him for neglecting an old Friend, and Mr. Harrison excused it; telling me, that he had met with some Persoms upon earnest Business which prevented him. And then I asked Mr. Harrison to stay and Sup with me, but he refused it, saying, that he had been about extraordinary Business that Day, which must be done that Night, and that a Gentleman stayed in the Street for him, and they two were going to do it.
L. C. J. Where do you live? And how long stayed he at your House?
Mr. Humston. I Lodged then at the Golden Key in Fleet-street over against Fetter-Lane End: He came to my Lodgings about Nine of the Clock at Night, and stayed there but a little time.
L. C. J. What manner of Cloaths had he on.
Mr. Humston. My Lord, he had 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
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?
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 Constable, and we went to the Coach side, and there we found him laying along; and we took him, and carried him to the Bull - Inn, and there he was let Blood on the Arms, and the Chyrurgeon took about half a Spoonful of Blood out of his Right Arm; and he was let Blood on the other Arm, but that, did but just trickle down, and we could not get him to life again; and we found a Silver Ink-horn in his Pocket, and that, and the rest of his things, were secured. That is all I can say to the Matter.
Mr. Darnell: Call Mrs. Elianor Ashbolt.
Who was Sworn.
Mr. Darnell. Mrs. Pray tell my Lord, and the Court, what you know of any Persons you saw in a Coach at Browne-lowe-street End, that Night Dr. Clenche was Murdered.
Mrs. Ashbolt. May it please your Lordship, I went out of an Errand for one Madam Anwell, a Gentlewoman, who Lodges at my Mothers house; and coming home again, I saw a Coach stop at Brownelowe-street End, between Nine and Ten a Clock at Night, and the Coachman went to the side of the Coach: And one in the Coach, bad him go to Dr. Clenche's, and tell him, That there were two Gentlemen stayed for him in a Coach; and as he went up the Street, he went slowly, and looked back two or three times: Whereupon, one of the Persons leaned out of the Coach, and did Swear at the Coachman to make hast, and I went round the Coach, and could discern Mr. Harrison's face; and I stayed, and saw Dr. Clenche go into the Coach, and one of them gave his Place to the Doctor.
Mr. Darnell. Why were you so curious, Mistress, and what did you observe further?
Mrs. Ashbolt. Because I thought they might give the Coach-man a slip. I well observed Mr. Harrison, but do not know the other Man; there were two Lamps burning; one in Brownlowe-Street, and the other in Holborn, over-against the End of Brownlowe-Street; and they lighted quite through the Coach, and the Men pulled themselves backwards, when they saw me look on them; it was that Night that the Doctor was Murdered. I went to Newgate afterwards, Madam Clenche, desired me to go and see Mr. Harrison; and when I came to Newgate, it seems, he was writing Letters, so I staid before I went into the Room; and there were two Men with me, and Mr. Harrison was talking very loud, said they to me, Who is that speaks now? Why, says I, it is one of the Persons that was in the Coach when Dr. Clenche was Murdered.
Mrs. Ashbolt. One of them, was one Mr. Jones, a Coach-maker in Holborn, and the other, was Madam Clenche's Coach-man.
L. C. J. Did you know the Prisoner, when you saw him in Newgate, to be one of them that were in the Coach?
Mrs. Ashbolt. Yes, I did, I knew him to be the same Man, as soon as I saw him, and he changed Countenance as soon as he saw me.
Mr. Harrison. My Lord, this Woman is certainly hired by the Villains that are against me. Pray, ask her, my Lord, Why she did not make a Discovery sooner.
L. C. J. Mistress, What say you to that?
Mrs. Ashbolt. I acquainted Madam Anwell, what I had seen and observed, and she told Madam Clenche, after last Sessions, and then she desired me to go to Newgate, to see Mr. Harrison, and I went accordingly; and I would have told it to Madam Clenche sooner, but my Mother was loath I should be concerned about such a thing.
Mr. Darnell. My Lord, we have some Witnesses who can give your Lordship an Account, that one of our Witnesses whom I mentioned to your Lordship before, is spirited, or withdrawn from us, by a Gentleman that said, he came to him from the Prisoner, and desired him to be kind to the Prisoner, which Witness is since absent, and not to be found; his Name was Andrew Bowsell, a Youth, and an Apprentice to one Mr. Tims, a Shooe-maker.
L. C. J. You must prove upon him, that he made him keep away.
Mr. Darnell. Call Barnabas Smith.
Who was Sworn.
Mr. Darnell. Give my Lord, and the Court an Account, what you know of this matter.
Mr. Smith. My Lord, this Andrew Bowsell, which the Councel for the King, speaks of, was sent to Leaden-Hall-Street, of an Errand, to the Bull-head Ale-house there, and as he was going along, a Gentleman met him, and asked him, if he was not an Evidence against Mr. Harrison, and being told by the Boy that he was, he desired him to be kind to him, and pull'd out a piece of Money, and offered it him, desiring him to be kind to Mr. Harrison, upon which, the Youth replied, That he owed him nothing, and nothing he would take; then the Gentleman told him, That he would come again another time, and send for him near to his Master's; so the Boy said, and told me: And said further, That if he could have gotten him to have gone to the Bull-head Ale-house, he would have seized him.
Mr. Darnell. What is become of the Boy?
Mr. Smith. Truly, we do not know, what is become of him, we never heard of him since the Sixth Day of March last.
Mr. Darnell. Call his Master, Mr. Richard Tims.
Who was Sworn.
Mr. Darnell. Tell my Lord, and the Court, what you know of this matter, and what is become of your Apprentice, Andrew Bowsell.
Mr. Tims. My Lord, he went away from me on the Sixth Day of March last, he was enticed away by three Souldiers, that Night, and on the Morrow Morning, one of them came and demanded his Coats, Shirts and Neckcloths; says I to him, Who sent you, and who is your Captain? and he answered, why, Captain Harris; so he husl'd and said, That if I would not give him the Cloathes, he would send his Officer; and then I told the Souldier, I would have him before a Justice of Peace; so he went away, and never came to me again; and I could never hear of my Apprentice since, tho' I have made great Inquiry after him.
L. C. J. Did your Servant tell you of any Money that had been offered him by the before-mentioned Gentleman?
Mr. Tims. No, my Lord; he did not tell me, but he told Mr. Smith, the Witness that was last Examined, as he told me.
Mr. Darnell. My Lord, I desire that Andrew Bowsell's Examination taken before Mr. John Brown, the Coroner of London, upon Oath, may be read.
Which being proved by the Coroner, were directed to be read.
Andrew Bowsell, Servant to Richard Tims Shoomaker, Sworn and Examined touching the Death of Andrew Clench Doctor in Physick, deceased: faith, that he, this Informant, being sent to Mr. Parker's at the Bull-Head Ale-house in Leaden-Hall-Street, on Monday last was Seven night, being the fourth of this instant January, between the hours of Ten and Eleven of the Clock in the Evening, saw a Coach standing against Leaden-Hall-Market, and heard some Person that was in the Coach say, make haste. And this Informant says, that according to the best of his remembrance that he heard him talk of a Poulterers; and this Informant says, that soon after the Coachman was gone into the Market, this Informant saw two Persons go out of the Coach, one whereof had, as this Informant believes, a black Coat on; and that this Informant saw the same Person as soon as he came out of the Coach fling a Cloak over him, and then both the Persons went through the Market on the west part: And this Informant faith, that this Informant going to look into the Coach, the Person that had the Cloak on him, cry'd Dam him; and this Informant faith, that he, this Informant, thereupon going away, went to Mr. Parker's, and told them that two Persons had cheated a Coachman, or to that effect.
Andrew Bowsell being further Examined the 23th day of January, 1691. touching the Death of Andrew Clench, faith, that he hath seen Henry Harrison, now Prisoner in Their Majesties Goal of Newgate, and believes he was one of the Persons that came out of the Coach at Leaden-hall, a little after ten of the Clock at Night, on Monday the 4th of this Instant January; and believes he knows him by his Voice. And soon after, this Informant understood that the said Andrew Clench was murther'd in a Coach, being the same Coach which the said Harrison, and another Person unknown a little before went out of.
L. C. J. Mr. Harrison, what have you to say against that which hath been proved against you, what defence can you make?
Mr. Harrison, My Lord, I did attend Dr. Clench about a Mortgage that was made him by Mrs. Vanwick, and Dr. Clench did pay one Hundred Pounds, but this Gentlewoman would pay or allow Rowe but Fifteen Pounds, and we did not know how to get the Money from Rowe, so we Petition'd the Lords Commissioners about it, which was above Six Months before Doctor Clench was Murther'd; and Mr. Fairbeard wonder'd that I would put Doctor Clenche's Name into a Petition with such a Rogue as Rowe; and I do positively say, that I had not seen Dr. Clench in a Month before, and if Doctor Clench had died in his Bed it had been the same thing to me; and, my Lord, Mr. Johnson and I had never any angry words between us; and I have the Report in Chancery which I had from Sir John Hoskins, which I will read, if your Lordship pleases.
L. C. J. Let's see it.
Which was handed to the Lord Chief Justice Sitting upon the Bench.
Mr. Harrison. My Lord, that is the Original, which if your Lordship pleases to remember, I had Rowe before you twice about it, and it is Rowe that hath been the Rogue, and therefore what occasion had we to be angry with Doctor Clench?
Then the Report was perus'd by the Lord Chief Justice, and return'd to him.
L. C. J. Mr. Harrison, this will do you no good, not being to the present purpose, therefore proceed in your defence.
Mr. Harrison. Now, my Lord, I have some Witnesses to prove where I was at the time that the Coachman says the Murther was done. Cryer, call Thomas Turner a Porter, and Mr. Maccaffee.
Who appeared, but were not Sworn, and were Examined apart, at the Request of Mr. Darnell, the Kings and Queens Councell.
Mr. Harrison. My Lord, I shall prove by these Witnesses, that I was elsewhere when the Coach-man said he took up those two Men, a little after
Tho. Turner. My Lord, I was, about Seven of the Clock in the Evening, the 4th Day of January last, at the Two Kings and Key in Fleet-street, over against Salisbury-Court; and I was told, that a Gentleman at Joe's Coffee-house in Salisbury-Court wanted a Porter; and I presently went to him thither, and it was this Mr. Harrison: and he bad me take up his Trunk, which I, did, and carried it to the Two Kings and Key, and he went with me: And he asked me to get some Linnen wash'd for him against the next Day at Noon; and he gave me some Linnen, which I carried to my Wife to wash for him, and return'd to him again presently; and I went with him from thence, and carry'd his Trunk to his Lodgings in Paul's Church-yard; and when I had deliver'd his Trunk, I left him there; and then it was about Eight of the Clock at Night.
L. C. J. At whose House was it, you deliver'd the Trunk?
Tho. Turner. My Lord, it was at Mr. Jones's House, in Paul's Churchyard.
L. C. J. And did he stay within?
Tho. Turner. No, my Lord, he went out presently after me.
L. C. J. Were you any where else with him that Night, besides at the places you have mentioned?
Tho. Turner. No, my Lord.
Mr. Harrison. My Lord, I will prove that Mr. Humston mistakes an Hour.
Mr. Humston. I cannot mistake an Hour, because the Shop is shut up about Nine-a-Clock, and it was shut when you came first to my Lodgings.
Mr. Harrison. My Lord, there stands in Court one Thomas Johnson, Apprentice to Mr. Pemmel; he can tell what time a-night it was I came to Mr. Humston's, he let me in; I desire he may be call'd.
Mr. Darnell. Swear Thomas Johnson.
[Who was sworn.]
L. C. J. What time of the Night was it that Mr. Harrison came to speak with Mr. Humston, on that Night Dr. Clenche was murder'd?
Tho. Johnson. My Lord, on the 4th of January last at Night, Mr. Harrison came to my Master's House, and knock'd at the Door; and I went to the Door, and open'd it, for I had shut up the Shop; and he ask'd me if Mr. Humston was within? And I told him, he was: And he came in, and went up to Mr. Humston's Chamber; and it was then about Nine of the Clock, as near as I can guess.
L. C. J. Where is your Master's House?
Tho. Johnson. My Lord, it is the Golden Key in Fleet-street, over against Fetter-lane end.
Mr. Harrison. Pray call Adam Maccaffee, Mr. White, Mr. Carden, and John Allen.
[Who appear'd, And Mr. Maccaffee stood up.]
Mr. Maccaffee. Upon Monday the 4th Day of January last, the Prisoner was at my House, and stay'd from Nine a-Clock, till past Eleven, and play'd at Cards with one Mr. Baker, and one Mr. White and his Wife; and he stay'd till it had struck Eleven-a-Clock.
L. C. J. Where is your House, Sir?
Mr. Maccaffee. My House is in Chancery-Lane, over against Serjeants-Inn.
L. C. J. Did he tell you where he had been before?
Mr. Maccaffee. He said, that he had been towards the City, and was very cold.
L. C. J. Did he say any thing of Mr. Humston?
Mr. Maccaffee. No, my Lord.
Mr. Darnell. Pray, What Room were you in? Did you play at Cards in the Kitchen?
Mr. Maccaffee. Yes.
Mr. Darnel. Were they up Stairs?
Lord Mayor. At what time a-night did they come in?
Mr. Maccaffee. Betwixt Nine and Ten-a-Clock, my Lord.
L. C. J What made you take notice of the Day of the Month, and Hour of the Day?
Mr. Maccaffee. My Lord, I heard that Dr. Clenche was murder'd, and that Mr. Harrison was taxed with it; and that made me take notice of the Day.
L. C. J. Call Mrs. Maccaffee.
[Who stood up.]
L. C. J. Mistress, What time did Mr. Harrison come to your House on the 4th of January last at Night?
Mrs. Maccaffee. My Lord, it was as near Nine-a-Clock as any thing can be, when he came in first.
L. C. J. How long did he stay there?
Mrs. Maccaffee. I cannot tell how long he stay'd, but there were two Accidents happen'd; one was, our Playing at Cards; and the other was, that there was a Pick-pocket carried by to be pump'd at Lincolns-Inn; it was from Nine to Eleven before he went away, and there were Mrs. White, Mr. Baker, and one Mrs. Fairelesse.
L. C. J. Did any one come with the Prisoner, to your House? In what humour did he seem to be?
Mrs. Maccaffee. No, my Lord, there was no one came with him, and he never stirr'd out, neither did he seem to be disorder'd; he was neither too merry, nor too melancholy.
L. C. J. Where did he say he had been?
Mrs. Maccaffee. He said, that he had been in the City.
L. C. J. Did he use to frequent your House?
Mrs. Maccaffee. Formerly he did; but I had not seen him in half a Year before.
Mr. Darnell. How many were there, do you say?
Mrs. Maccaffee. There was one Mrs. Fairelesse, and one Mrs. White, and my self, and my Husband was upon the Bed, and Mr. White came for his Wife about Ten-a-Clock, to come home.
Mr. Darnell. Do you remember that Mr. Baker was there?
Mrs. Maccaffee. Yes, he was there.
L. C. J. Pray Mistress, did Mr. Harrison come in, and find them at Cards?
Mrs. Maccaffee. No, we went to Cards, afterwards.
L. C. J. Where was your Husband?
Mrs. Maccaffee. He was upon the Bed in the Kitchen.
L. C. J. Call Mr. Baker.
[Who stood up.]
Mr. Baker. This Gentleman, the Prisoner, is a Stranger to me; but here is a Letter that he sent me two or three Days afterwards. I came into Mrs. Maccaffee's House about half an Hour after Nine a-Clock, with two Women more: Mrs. Maccaffee owed me Money, and I had been in Lincolns-Inn, for I do some Work there for Sir Thomas Cooke, and the Women ask'd me to play at Cards; and I said, that I did not care to Play, because I had been abroad, and could not get any Money, which made me out of humour. My Lord, I never saw the Man in my Life before.
L. C. J. Who were they that play'd at Cards?
Mr. Baker. It was one Mrs. Fairelesse, the Woman of the House, and Mr. Harrison, and my self.
L. C. J. Who were together?
Mr. Baker. Mrs. Fairless and I, and the Woman of the House and Mr. Harrison the Prisoner, and we play'd for a Penny a Corner, I cannot say any more to it, my Lord.
L. C. J. How long did he stay?
Mr. Baker. I left him there after Ten a Clock, and as I hope for mercy, I never saw him once before, and I had not known him again, but by a particular Token.
Mr. Baker. Yes, there came a Vintner's Boy to ask for a Woman, one Mrs. Frances, and he was in great haste, and a Pick-pocket was carried up the Lane to be Pump'd at Lincolns-Inn Pump.
Mr. Harrison. Call Mrs. Fairlesse, call Mrs. Whipple.
[neither of which appear'd.]
Call Mr. Sutton, who appeared.
L. C. J. Where do you live, and what is your Name?
Mr. Sutton. My Lord, my Name is Sutton, and I live in Stone-cutter's-street.
Mr. Harrison. Mr. Sutton, what time was it that I was coming by, when one Mr. Russel and you were Drinking?
Mr. Sutton. My Lord, it was about Eleven a Clock at Night, at the King's Head-Tavern at Chancery-Lane end.
Mr. Harrison. What had I on, a Cloak and a Muff?
Mr. Sutton. Yes, I think you had a Cloak on.
Mr. Darnell. What time was it, was it before or after Eleven a Clock?
Mr. Sutton. It was about a quarter before Eleven.
Lord Mayor. What day of the Month was it?
Mr. Sutton. It was the fourth of January.
L. C. J. Where was he going, which way went he?
Mr. Sutton. He was going towards Fleet-Bridge, my Lord, and I called after him, but could not make him hear me at first, but afterwards he came to us.
Mr. Harrison. Pray call Mr. Russel.
Mr. Russel. I can't hear, my Lord, but if you please to permit Mr. Sutton to speak to me, I can hear his Voice better than any Man's.
L. C. J. Speak as loud as you can, Sir, and we will let you hear us, Mr. Sutton must not speak for you.
Mr. Harrison. Pray Mr. Russel what time of Night was it that you saw me go by you, when you were drinking at the Kings-Head-Tavern?
Mr. Russel. I can't tell, my Lord, I have not heard a Clock these three years.
L. C. J. Where were you going at that time of Night?
Mr. Russel. I was going to Wild-Street, to the Chyrurgeon's-Arms, to Receive some money.
L. C. J. How came Mr. Sutton to go with you?
Mr. Russel. He had been with me all that day, and I desired him to go with me; and, my Lord, I did expect that the money would have been brought to me, but was not, so I went for it.
L. C. J. Well, and what then?
Mr. Russel. While we staid at the King's-Head Tavern door to drink Wine, Mr. Sutton sent the Drawer to call Mr. Harrison.
L. C. J. What had you been doing before that time?
Mr. Russel. We had (I suppose) been drinking together.
L. C. J. Where had you been before you came to the King's-Head Tavern?
Mr. Russel. We had been at the Horseshoe-Tavern in Chancery-Lane.
L. C. J. Did you request Mr. Sutton to go with you?
Mr. Russel. Yes, I did, my Lord?
L. C. J. You say your business was to go to Wild-street, to receive some money?
Mr. Russel. Yes, it was, my Lord, and I did receive it?
L. C. J. When was it that you met Mr. Harrison, the Prisoner?
Mr. Russel. My Lord, I can't positively say; but by computation of the Night, I believe it was about Eleven a Clock.
L. C. J. Did you meet Mr. Harrison before you went to the Horseshooe-Tavern, or after?
Mr. Russel. Afterwards, my Lord, I saw Mr. Harrison turn at the Corner of Fleet-street, towards Fleet-Bridge.
Mr. Russel. We went thither to send for the Gentleman out of Wild-Street.
L. C. J. When you had been Drinking all the Afternoon, how came you to stop your Coach at the King's-Head?
Mr. Russel. We stopt there, whilst Mr. Sutton sent for some body to come to him.
L. C. J. You said just now that Mr. Sutton sent for Mr. Harrison.
Mr. Russel. No, my Lord, I do not remember that, but Mr. Sutton said Harry, or Harrison, where art thou going, when he went by us.
Mr. Harrison. My Lord, this Man is a stranger to me. Call John Allen, Drawer at the King's-Head Tavern.
Mr. Harrison. John Allen, what time of Night was it that Mr. Sutton and Mr. Russel came to your House in a Coach?
J. Allen. I believe it was about Eleven a Clock.
L. C. J. How much Wine had they?
J. Allen. Two Half Pints of Canary.
L. C. J. What Night was it? what Day of the Month was it?
J. Allen. My Lord, I can't remember what Day of the Month, but it was that Night that Doctor Clench was murther'd.
L. C. J. Did you see Mr. Harrison there?
J. Allen. I can't tell that, I never saw him, 'till I saw him in Prison.
Mr. Harrison. Did not you go to Mr. Maccaffee's House?
J. Allen. Yes, I did.
Mr. Harrison. Did not one strike you with a Muff?
J. Allen. Yes, but I can't remember who it was.
Lord Mayor. Look upon that Man, do you not know him to be the Person?
J. Allen. No, my Lord, I do not know him to be the Person.
Mr. Darnell. Who sent you to Crown-Court?
J. Allen. Mr. Russel.
Mr. Darnell. For what?
J. Allen. For a Servant Maid, and he bid me tell her that he had a desire to speak with her.
Mr. Darnell. How long did you tarry at the House?
J. Allen. I did not stay at all.
Mr. Harrison. Call Mr. Carden, Drawer at the King's-Head Tavern.
Mr. Harrison. What time did Mr. Sutton come to your House, did you see any one stand at the Coach side? and what Cloaths had he on?
Carden. I saw one stand at the Coach side, and he had a Hanging-Coat or a Cloak on, it was about the Hour of Eleven, to the best of my knowledge, and I saw a Man go into the Coach, and come out again.
Mr. Coroner. What time of Night do you shut your Doors, especially on Monday Nights; and were they shut when Mr. Sutton called in the Coach?
Carden. We shut them commonly about Eleven a Clock at Night, but on Monday Nights usually later; they were shut when Mr. Sutton called, and I opened them for him.
L. C. J. Can you say that the Prisoner was the Man that drank with Mr. Sutton?
Carden. To the best of my knowledge (looking on the Prisoner) that is the Man, I can't be positive, my Lord.
L. C. J. Well, have you any more Witnesses?
Mr. Harrison. No, my Lord, unless Mr. Essington be here, he promised to be here to give an account of me. My Lord, there is a Gentleman that
L. C. J. Let him be fetch'd down.
[Which was done.
L. C. J. But, in the mean time, it behoves you to give account of these things. First, why did you say that you were a Parliament Man? Secondly; why did you leave your Lodgings, and take other Lodgings in Paul's-Church-Yard? Thirdly, why did you say that you had extraordinary business? Give some account what your business was, and who that Gentleman was, that staid for you in the Street, when Mr. Humstone desired you to stay and Sup with him, what hinder'd you from accepting his Invitation? Now we would have you to Consider of these things, and give an answer to them, for it much concerns you so to do.
Mr. Harrison. My Lord, first as to the first, I do declare that I never went for a Parliament Man, nor never said so: Secondly, that Night I was to go out of Town, I had left word at several Coffee-Houses that I was going out of Town upon earnest Business, and with above twenty People besides, that I was going out of Town, and I was about to go to Basing-Stoke, to a Gentleman that owed me Money, one Mr. Bulling, but I could not get money to go.
L. C. J. Prove that you were to go into the Country.
Mr. Harrison. My Lord, I can't prove that now, except I could have sent to Basing-Stoke.
L. C. J. That you should have done before now; why did you not stay with Mr. Humston, when he Invited you to Sup with him? You might have been better entertained there, than by going among strangers to Play at Cards for a Penny a Corner, at an Ale-house.
Mr. Harrison. My Lord, I was unwilling to stay, because he had Strangers with him.
L. C. J. What if he had, you are not such a bashful man, that you could not Sup with Strangers.
Mr. Harrison. My Lord, Mr. Rowe was accused with me.
L. C. J. What if he was? he was under some Suspicion, and he hath made it appear where he was at the time the Fact was Committed, and now he is Discharged.
Then Mr. Butler was brought into Court from Newgate, attended by a Keeper.
Mr. Harrison. Mr. Butler, Pray tell the Court what Mr. Fairbeard said to you about me?
Mr. Butler. My Lord, Mr. Fairbeard asked me what I could say about what Mr. Harrison had said to me concerning the Murther of Doctor Clench? I told him I could not tell what to make of his broken and rambling Speeches and Discourses, they being most of them spoken when he was in his Drink. This is all that I know, my Lord.
L. C. J. This is not a Witness for your turn.
Mr. Darnell. Call Mrs. Anwell.
[Who was sent for from her Lodgings in Brownlow-Street in Holborn, and appeared, and was Sworn.
Mr. Darnell. Madam, pray give an account what Mrs. Ashbolt told you concerning any Man's being in a Coach at Brownlow-street end?
Mrs. Anwell. I know nothing of my own Knowledge, but the Night that Doctor Clench was Murthered, I sent Mrs. Ashbolt of an Errand, and at her return, I blam'd her for staying so long; and she told me, that as she was returning home, a Coach stop'd at Brownlow-Street end, with two Men with
Mr. Darnell. What discourse had you with her when you heard that those men had Murdered Doctor Clench?
Mrs. Anwell. She told me that one of those men had a Fair Perriwig and a Sanguin Complexion, and that one of them had a Cloak on.
L. C. J. Did she say that she observed either of their Faces?
Mrs. Anwell. Yes, my Lord, she said that one of them had a round Face, and a big Voice.
L. C. J. Did she say, she could know him again?
Mrs. Anwell. No, my Lord, she did not say so, but she said that she could know his Voice again. And after the 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.
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 faith.
Mr. Baker. Call Captain Cannon.
L. C. J. Captain 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.
[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, 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 Fireside, 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
"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.
I am yours to command,
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.
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 Handkerchief 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. Glenche 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 Holborn, and there was Mr. Harrison; where they consulted what to do. And it was agreed, that the Mistress of the House and Mrs. Vanwicke should go to Dr. Clench's; but Mr. Harrison should stay behind, for it was not thought convenient that he should go, left he should provoke the Doctor, When they came to the Doctor, Mrs. Vanwicke was very importunate to have some more Money; but the Doctor would lend her no more. And when they returned to the Coffee-house again, Mr. Harrison enquired what passed between the Doctor and Mrs. Vanwicke. She told him, that the Doctor would not furnish her with any more Money, although she had pressed him to do it, and urged her great Necessities, but advised her to go to Service. Damn him, says Harrison,
At another place there was a Discourse betwixt Mr. Harrison and one Mr. Johnson; and that the Prisoner did then speak very hard and ill Words of Dr. Clenche: And that Mr. Harrison came frequently to him; and one time laid his hand upon his Sword, using some menacing Words, but what they were he cannot tell: But he likewise says, that at several times he did expostulate with him, and told him, That he would not do any good with such Discourses as these are, &c. That the Mortgage-Money not being paid, it was thought sit, That there should be a Prosecution made to get possession of the mortgaged Estate, and that the Tenants should be forbid to pay their Rents. And Mr. Harrison went to Mrs. West the Tenant, some few days before St. Thomas day last, and demanded the Rent of her. To which she made answer, That Dr. Clenche had forbid the paiment of the Rent to Mrs. Vanwicke. Thereupon Mr. Harrison grew very angry, and answered, That Dr. Clench was a Rogue and a Villain, and bid her that she should not pay him any Rent. And the Witness faith further, That the Doctor being prest to let her have some more Money, refused to do it, because she would spend it all upon Harrison.
Then the Counsel for the King called some Witnesses, who gave you account of the Prisoner's shifting his Lodgings the day before the Murder was done. He takes a Lodging at Mr. Garway's in Threadneedle-street, on the twenty third day of December, and there he continued till about the first of January. The second of January he was at Garway's Shop; and on the Sunday night he came and fetcht away his Things. The Monday after, being the day that this barbarous Fact was committed, he sent a Letter to Mrs. Garway, to acquaint her that he was gone out of Town; but he left three half Crowns with her Maid to pay for his Lodging. But as to his going out of Town, it was false, for he never went into the Country, but took a Lodging at Mr. Jones's in Paul's Church-yard. It's observable also, that he went for a Parliament-Man. when he lodged at Mr. Garway's and had his Footman to attend upon him, &c. There it was that he was seen to have an ordinary Handkerchief, and to hold it to the Fire; which was taken notice of by Mrs. Jackson, the Daughter of Mrs. Garway, which was not sutable, as she thought, to a Parliament-Man's Quality, but rather fit for a Seaman, for it was like the Apron of the Maid in the House: which hath been shewed in Court, and compared with the Handkerchief that was tied about Dr. Clench's Neck. She faith it is the same, or very like that which she did see Mr. Harrison hold in his hand.
Cartwright the Officer at the Compter, he tells you, that the Sunday night, the day before the Murder, Mr. Harrison came to Wood-street-Compter, and enquired for Mrs. Vanwicke, and that he only was in her Chamber, and no other Body on that side of the House but Mrs. Vanwicke, the Prisoner, and this Cartwright the Keeper, who stood at the Door, and heard Harrison say, That he would have the Blood of that Rogue, and named Clench, or Winch.
Mr. Harrison. My Lord, he was not in the Room.
L. C. J. No, he was not; but there were none on that side the House but You, Cartwright, and Mrs. Vanwicke.
And you are told, by a Gentleman that lodges at the Golden-Key against Fetter-lane end; That he had some Acquaintance with the Prisoner, that he had lent him a Morning-Gown; and that about nine a Clock that very night, he came to his Lodging in a Cloak; and then the Gentleman asked him for his Gown; and he told him, that he had brought it with him. Thereupon the Gentleman invites Mr. Harrison to stay and sup with him. Mr. Harrison said, he could not stay, for he was engaged; he must be gone, for that a Gentleman staid in the Street for him to go about extraordinary Business.
The Coachman tells you, That near about that time two Men in Fleet-street, near Fetter-lane end, hired his Coach of him to go to Brownlow-street to Dr. Clench's; but he can't positively say, that the Prisoner at the Bar was one of them, but he swears, he does verily believe that he was one of them.
Mr. Harrison. He said before your Lordship, That he could not remember what I had on.
L. C. J. Well, well, he doth not remember it now; but being hired to go to Dr. Clench's, he drove to the Street end and no further, because the Gate at the lower end was shut up, and he could not turn his Coach in the Street; but he was sent by them to the Doctor's, to desire the Doctor to come out to them, and they sat in the Coach in the mean time. The Doctor made haste, and went to them immediately, and they drove away to Leaden-hall, and then to Aldgate; and they called at the Py-Tavern, and enquired for one Mr. Hunt a Chirurgeon, as I mentioned to you before: He not being there, they returned to drive through Aldgate, gave the Watch six-pence, and passed through the Gate without any manner of notice taken: but if the Watch had done their Duty, it might have been better discovered. But further, the Coachman tells you, that when he came to Leaden-hall Street, they called to him, and directed him to buy one Fowl; and after that he had been gone a little way from the Coach, they called him back, and bad him take some more Money and buy two Fowls. So he went and bought the Fowls; but when he came back, the two Gentlemen were gone, and he found the Doctor still in the Coach; and he not stirring, he thought he had been in Drink: but upon further examination, and calling the Watchman with his Candle, it appeared that the Doctor was strangled with a Handkerchief and a Coal.
There is one Mrs. Elianor Ashbolt, who lives in Brownlow-street with her Mother, and had been sent of an Errand; and between nine and ten of the Clock at Night, she saw the Coachman in Brownlow-street, and thought that those Men in the Coach might put a Trick upon him, by going away without paying him his Fare. And she says further, That by the help of the Lamps she did discern the Face of this Harrison in the Coach; he had a Cloak on, with a light Perriwig, and looked out of the Coach, and did swear at the Coachman; and by this means she knew him when she saw him again, to be the same Man, both by his Face and Voice. This Woman indeed was not before
There was another piece of Evidence, viz. That of the Boy's, who does not appear, he was examined before the Coroner. There has been Evidence given of ill practice to take him out of the way, and therefore his Affidavit is read for Evidence: He swears he saw two Gentlemen come out of the Coach when it stood in Leaden hall street, and that having seen the Prisoner in Newgate since, doth believe him to be one. This, Gentlemen, is the Sum and Substance of the Evidence for the King, to prove that the Prisoner was one of those that committed the Murder.
You have heard likewise what the Prisoner says for himself; he does undertake to prove that he was in another Place, (that is) that he should come into Maccafee's House in Crown-Court over against Serjeants-Inn in Chancery-lane: and Maccafee, he tells you, that there were some other Company there, and that Harrison came in very cold, and that they went to Cards, and plaid for one Penny a Corner at Whisk; and that he did continue there from nine till eleven a Clock; and if he was there then, it is impossible he should be guilty of this Fact, for the Fact was done between the same Hours.
Maccafee's Wife tells you the same, and they both tell you who were there besides, and who plaid together, and are positive that the Prisoner was there.
Baker says, That he went away about half an hour after ten at Night, and left Harrison behind him. To confirm this Evidence, they have called two other Witnesses besides the Drawers at the King's-Head Tavern, viz. Mr. Sutton the Surgeon, who lives in Stone-cutters Street, and Mr. Russel: Mr. Sutton says, they had been at the Horseshoe Tavern in Chancery-lane, and called for half a Pint of Sack at the King's-head Tavern when they came by: and as they sat in the Coach, Mr. Harrison came by accidentally, and one of them looking out of the Coach, cries Harry, or Harrison; and he went to them, and they drank together another half Pint of Sack.
As to their meeting with Harrison, and as to other Passages there, Russell says the same; but as to the time of Night he is not positive. And they sent one of the Drawers to a House in Crown-Court to enquire for some Body there.
The Drawers of the King's-Head Tavern, say, That Mr. Sutton and Mr. Russell did call there about that time; and that they drank two half Pints of Wine: and that when they were drinking, a Man came by with a Hanging-Coat or Cloak on, and drank with them. And one of the Drawers went to call some Body in Crown-Court; and one of the Company up with his Muff and gave him a slap in the Face.
Now this is the Sum and Substance of the Evidence that you have heard on the behalf of the Prisoner, to induce you to believe that he was not the Person that was concerned in the Murder of Doctor Clenche.
First, As to those Witnesses, Maccafee and his Wife, divers Witnesses have been produced to prove, that they are People of doubtful Credit; it seems they keep an House of ill Fame.
Mr. Harrison. I am glad, my Lord, that I was there.
L. C. J. Well, well, Gentlemen, the People of the House are not of very good Reputation, they keep a naughty and a disorderly House, (if you believe the Witnesses) you may consider of their Credit.
And as to Mr. Baker; About nine Years since he was convicted of an arrant Cheat, which is no less than Forgery, for altering the Scavenger's Rate for St. Giles's Parish, and therefore the less Credit is to be given to his Evidence; for now it appears that he is a Knave upon Record: and the very Record it self was produced against him, which is true without doubt, not withstanding his pretence of Innocency. What is said by Mr. Russell and Mr. Sutton, I must leave to your consideration; they had been a drinking, and the Drawer says they were at the King's-Head Tavern at 11 of the Clock at Night. Mr. Harrison the next day after the Murder, met a Gentleman at Joes Coffee-House in Salisbury-Court; and though he had taken a Lodging in Paul's Church-Yard, yet he said that he was newly come to Town, and had been in Kent, and had remained there about three Weeks; and that he wanted a Laundress and a Lodging, although he had not been out of Town, and had taken a Lodging but the day before: And then he told the Witness who discoursed with him about the Death of Dr. Clenche, That he had formerly loved him, but he said he had been of late a barbarous Rogue to a poor Gentlewoman a Friend of his; and that the just Judgment of God had fallen upon him for so doing, and that he would write to her to give her an account of it; and advise her to write to Mrs. Clenche, and to tell her that she was a Widow now as well as Mrs. Vanwick; and he thought by that Means to move Mrs. Clenche to pity her, being a Widow as well as her self: And that whilst they were talking thus, one Mr. Ravenscroft tells him, that Dr. Clenche was murdered, and that a Bully of the Town, that belonged to a Gentlewoman in the Compter, one Mrs. Vanwick, was suspected. At which Mr. Harrison was much startled, and said, That no one was concerned with that Gentlewoman but himself; and for ought he knew, he might be taken up for it. This is that which he said.
Now what said Mr. Harrison farther for himself? Why, says he, this Gentlewoman is not in Prison at the Prosecution of Dr. Clenche, and was not so affirmed, but so reported; and whether it were so or no is no great matter. Gentlemen, you ought to consider of the Evidence that you have heard against him, and also to weigh well the Evidence he hath brought for himself.
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
The Witnesses for the Prisoner say for him, That he came to Macafee'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 Macafee'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?
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.