I Do Appoint William Battersby and Thomas Braddyll to Print the several Trials of Henry Harrison, Gent. and John Cole, for the Murder of Dr. Andrew clench, and also the Examination of the said Henry Harrison taken before the Lord Chief Justice Holt, concerning the said Murder; 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, Trial, Conviction and Condemnation of Henry Harrison, Gent. For the Barbarous MURDER OF Andrew clench, OF Brownlowe-street, in the Parish of St. Andrew's Holborn, in the County of Middlesex, Doctor of Physic. 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 Majesty's 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 Majesty's Court of King's and Queen's Bench at Westminster. To which is also added, the Trial of John Cole, for the Murder of the said Doctor clench. 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 Murder of Doctor Andrew clench (from the manner of it) did very much disturb the Thoughts of many M●n. But the Evidence against Henry Harrison, Gent. at his Trial for that Murder, 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 Murder. 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 Murder. THE Arraignment, Trial, Conviction and Condemnation of Henry Harrison, Gent. FOR THE MURDER OF Dr. Andrew clench. Die Mercurii Sexto die Aprilis, Anno Regni Domini Gulielmi & Dominoe Marioe Regis & Reginoe, Anglioe, etc. Quarto. Judge's 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 sat, 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 Murder, 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 moved and seduced 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 Marry, of England, etc. about Eleven of the Clock in the Night of the same Day, with Force and Arms, etc. 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 clench Doctor of Physic, and a certain Man yet unknown, in and upon the said Andrew clench 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 clench, 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 clench then as aforesaid, put, fastened and bound him the said Andrew clench then and there with Force and Arms, etc. Feloniously, Voluntarily and of your Malice before-thought did choke and strangle, by Reason of which choking and strangling of the said Andrew clench by you the said Henry Harrison, with the Handkerchief aforesaid, with the Coal as aforesaid put in it, he the said Andrew clench instantly died: So that you the said Henry Harrison with the Help and Assistance of the said Man unknown, him the said Andrew clench 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 Murder 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 Murder whereof you stand Indicted, or not Guilty? Mr Harrison. Not Guilty in Thought, Word not Deed. Cl. of Ar. Culpriest, How will you be Tried? 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 Tried, which was granted, and those Persons who were returned upon the Jury were called over twice, and their Appearances recorded. Cl. of Ar. You Henry Harrison, These Men that you shall hear called, and personally do appear, are to pass between our Sovereign Lord and Lady the King and Queen, and you upon Trial 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 whither 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 to his Cause. He stands indicted by the Name of Henry Harrison, late of London, Gent. etc. [he reads the Indictment.] Upon this Indictment he hath been Arraigned, and thereunto hath pleaded not Guilty; and for his Trial hath put himself upon God and his Country, which Country you are. Your Charge is to inquire whether he be Guilty of this Felony and Murder whereof he stands Indicted, or not Guilty: If you find that he is Guilty, you are to inquire what Goods or Chattels, Lands or Tenements he had at the time of the Felony and Murder committed, or at any time since. If you find him not Guilty, you are to inquire whether he fled for it. If you find that he fled for it, you are to inquire 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 proved, 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 Hungerford's Son. Mr Darnell, May it please your Lordships, and you Gentlemen that are sworn, I am of Council for the King and Queen against the Prisoner at the Bar, who stands Indicted for the Murder of Dr Andrew clench, which was as barbarous a Murder 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 this occasion one Mrs Vanwicke a Widow (between whom and Mr Harrison there was a great Kindness) prevailed with Dr clench, to whom she was indebted twenty Pounds, to lend her so much more as would make it up one hundred and twenty Pounds, and to take a Mortgage of a House of hers in Buckingham Court near Charing-Cross for his Security; and Mr Harrison was present with Mrs Vanwicke at the lending of the rest of the Money, and executing of the Mortgage, as he was wont to he at the Management of her Affairs; but when the time came that it was to be repaid, the Dr could not get his Money, and Mrs Vanwicke having but an Estare for Life in the House, and having long delayed the Doctor, he brought an Ejectment for the recovering of the House, upon which the Prisoner came to Dr clench, and abused him with very scurrilous Language, and his Passion growing higher, he laid his hand upon his ●●ord, and would have drawn it, and if it had not been for one Mr Johnson, 'twas thought he would have killed the Doctor at that time; so that the Doctor desired Mr Johnson to take the business upon himself, and to act in his own Name, he was so much afraid of him. And it will be proved further to you, that at another time the Prisoner said, That Dr clench was a Rogue and a Villain, and deserved to have his Throat cut. And sometime after this Mrs Vanwicke would have borrowed some more Money of the Doctor, but he refused to lend it her, whereupon she acquainting the Prisoner with it, he said, leave him to me (Madam) I'll warrant you, I'll manage him, he is a Rogue, and deserves to have his Throat cut. And afterwards about St Thomas' day last, the Prisoner went to Mrs West the Tenant, who dwelled in the House mortgaged to Dr clench, and desired of Mrs' West to have some Money for Mrs Vanwicke, and said it should be discounted in part of the then next Christmas Rent. But the said Mrs West refused to pay him any, telling him that she and her Husband were forbid by Dr clench and the Ground Landlord, to pay any more to Mrs Vanwicke, and thereupon the Prisoner expressed his further Malice against the Doctor, and said he is a great Rogue, and a Villain, and deserves to have his Throat cut, and will not die in his Bed. And, Gentlemen, soon after the Prisoner began to put his malicious Design against the Doctor in Execution, and the Method he took was first to change his Lodgings, for on the day before Christmas Eve last, he took new Lodgings at one Mr Garways in Thread-Needle-street, near the Old Exchange, attended by a Footboy, pretending himself to be a Parliament Man, and that he was just then come out of the Country, and lay in his Lodging there every Night, until the first day of January following, but lay out that Night, and the two next Nights following. And whilst he lodged at this Mr Garways this matter happened, which does conduce somewhat towards the discovery of this Murder. One Evening the Prisoner being in his Chamber there, and one Mrs Jackson, the Daughter of Mrs Garway, making a Fire for him, he did take out his Handkerchief, and held it before the Fire to dry it, which she took great notice of, because it was course and dirty, and not sit for his Quality (as she thought) it being made of ordinary Indian stuff, like her Mother's Maids Apron. And, Gentlemen, this very Handkerchief was the same with which the Murder was committed, and this Mrs Jackson will swear it to be the same, for it is a very remarkable one, and it will be produced to you. And we shall show you further, that on the Third Day of January (being the Day before this Murder was committed) he caused a shame Letter to be left for him at his Lodgings at this Mr Garway's, as written from a Friend of his that was Sick in the Country, earnesly pressing him to come quickly down to him: And we shall prove that the very same Evening he being with Mrs Vanwick in Woodstreet-Counter, did again threaten Dr clench, and said that he was a Rogue, and he would have his Blood. And upon the Fourth Day of January last he again changed his Lodgings, and took new ones at one Mr Jones' a Cane-Chair-maker in St Paul's Churchyard, and there he pretended himself to be a Country Gentleman, just then come out of Cumberland, and brought in a Portmanteau Trunk thither. And the same Day he sent a Letter to Mrs Garway where he had lodged before, acquainting her that he was gone out of Town for a Week or ten Days. And, to give you farther Satisfaction, we shall prove that upon the same Fourth Day of January in the Night of which this unfortunate Gentleman was Murdered, the Prisoner was at one Mr Robert Humston's Lodgings at the Golden-Key in Fleetstreet over against Fetter-lane End, at near Nine of the Clock at Night, and being asked by Mr Humston to stay and Sup with him, he said he could not, for he had been about earnest Business that Day, which was to be done that Night, and that a Gentleman stayed for him in the Street to go with him about it, and so he went away. And soon after, about Nine of the Clock the same Night, two Men standing in Fleetstreet at Fetterlane End, called for a Coach, and asked the Coachman if he knew Dr clench who dwelled in Brownlow-street in Holborn; and the Coachman replied, he did know the Street, but not the Doctor, whereupon they went into the Coach, and ordered him to live to the End of Brownlowstreet, and when they came thither, one of them called to the Coachman and bade him go to Dr clench's and tell him, that two Gentlemen in a Coach at the End of the Street desired him to go with them to a Patient that was very Sick, which the Coachman did. And he found the Doctor in his Nightgown and Slippers, and just a going to Bed; but he immediately dressed himself, and went to them into the Coach. And it fell out very happily for the further Discovery of this Murder, that while this Coach stood at the End of Brownlowstreet, a Young Gentlewoman standing at her own Door near it, and fancying that while the Coachman went on the Errand, the Gentlemen would ship out of the Coach (I think they call it Bilking) she watched them And a Lamp that lighted cross Holborn over against Brownlowstreet End, and another about the middle of Brownlowstreet, gave such a light into the Coach, that she plainly saw one of the Men that sat in it, and see him look out of the Coach after the Coachman, and heard him swear at the Coachman, because he made no more haste in going to the Doctor's House, and she is very certain that the Prisoner at the Bar is the same Person that looked out of the Coach, and that did swear ●t the Coachman, and is more confident of it from the remarkableness of his Voice. For she hearing of this Murder and remembering these Circumstances, she went to Newgate to see the Prisoner, and hearing his Voice in another Room, before she saw him; she declared to the Persons that were then with her, that the Voice she then heard was the Persons Voice that she saw look out of the Coach, and that did swear at the Coachman; and afterwards when she came into the Room where the Prisoner was, though with several other Men, she pointed to him as the Person, and she hearing him then speak again, declared to the Persons with her, that both by his Voice and by his Countenance she knew him to be the same Man. And, my Lord, after those Gentlemen had gotten the Doctor into the Coach, one of them called to the Coachman, and bade him make haste and drive them to Leaden-Hall Market, and when they were come within Holbourn-Bars one of them called to the Coachman and bade him drive faster; whereupon the Coachman drove them very fast through Holbourn to Leaden-Hall-Market-Gate, and when he came there, one of them bade him drive to the Pie without Aldgate (before which time, without doubt, the Murder was committed upon the Doctor, for his Hat was found next morning in Holborn near Fetter-lane End, but the driving so long about after is supposed to be done lest the Doctor might recover) and when they were come without Aldgate, one of them ordered the Coachman to ask there for one Hunt a Chirurgeon; which he did, and being answered that no such Person was there, he ordered the Coachman to drive back again to Leaden-Hall, and when they came there, one of them called the Coachman and gave him Three Shillings and Six Pence, and bade him go into the Market there to one Hunt's a Poulterer, and buy them a couple of Fowls, but the Coachman could not find any Hunt a Poulterer, but however he bought a couple of Fowls for Three Shillings, and when he came with them to his Coach, the two Gentlemen were gone and the Doctor left in the Coach murdered with a Handkerchief tied fast about his Neck with a Coal in it (which will be proved to be the Prisoner's Handkerchief.) Besides there was a Boy in the Street there who took notice of the Coachman's being sent of an Errand, and saw the two Persons come out of the Coach in great haste, and she going towards the Coach before they went out of it, one of them did swear at him to be gone, and of him the Boy took most notice, and was as positive as any man can be to the Person of one that he never saw before, that the Prisoner now at the Bar was one of them, and was the Person that did then swear at him. But this Witness is spirited away and cannot be heard of, although he hath been described in the Gazettee, and diligent search and inquiry has been made after him. But we have his Examination upon Oath before the Coroner; and we must submit to the Court how far that shall be admitted as Evidence. 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 murder. Mr Darnell. Pray call and swear Mr George Wigmore. [who was sworn with others. Mr Darnell, Pray Mr Wigmore tell my Lord and the Jury what you know of any Money that was lent by Dr clench, and to whom. Mr George Wigmore, May it please your Lordship, there was a draught of a Mortgage from Mrs Vanwicke to Dr clench, made by a Gentleman of Grays-Inn for the Sum of One hundred and twenty Pounds, and I Ingross'd it; and I paid by the Doctor's 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 clench 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 stepped 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 clench? 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 Row, 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 Highway, 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 Attorney for Dr clench between him and Mrs Vanwicke, and I sued Mr Rowe that was bound with Mrs Vanwicke in a Bond to perform Covenants for re-payment of the Money lent her by Dr clench upon Mortgage; and I advised the Dr. and told him, don't let us trouble the Tenant, but let us take Rowe first; and I sued Row, and had him arrested, and after some time, I saw that the Mortgage must do our business, for Row could not pay the Money, whereupon I caused a Declaration in Ejectment to be delivered against M Vanwick's Tenant of the House Mortgaged by her to Dr clench, and then Mr Harrison came to me, and he expressed himself against the Dr after a strange rate, and laid his Hand upon his Sword, so my Lord I said to him, what a Fool do you make of yourself? must none go to Law, but they must ask you leave, I suppose Mr Harrison cannot deny this. Then Mr Harrison preferred a Petition to the Lords Commissioners of the Great Seal for Mrs Vanwicke, and thereby suggested to their Lordships that she was wronged in the Purchase and in the Mortgage Money, and that twenty Pounds of it was a former debt of her Husbands; and he finding she could have no Relief before them without payment of the Mortgage Money, he grew troublesome; yet says I, Mr Harrison, What she hath done, I cannot help, but if she would pay the rest, I told him I would abate her twenty Pounds, and the Interest Money also. 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 herself. 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 Widow, 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 clench was murdered? Mr Johnson, I think it was about a Fortnight or three Weeks, or a little more. Mr Harrison. I never threatened 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 wronged the Widow. L. C. J. How came Row to be entrusted or concerned with the Money? Mr Johnson, My Lord, Mr Cornelius Vandinanker, a Merchant, gave a Legacy of five hundred Pounds to the Widow Vanwicke and her Children, and Mr Rowe was a Trustee on the Purchase, and had by that the management of the Affair. Mr. Darnell. Call Mr. George Howard. (Who being Sworn stood up. Mr. Darnell. Mr. Howard, Give the Court an Account of what you know concerning the Prisoner's threatening Dr. clench. Mr. Howard. My Lord, I was at Joe's Coffee-house near Warwick-House in Holborn, some considerable time before Dr. clench was Murdered, where Mr. Harrison used several very virulent Expressions against Dr. clench; 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 than came from Dr. clench's. Mr. Darnell. You are sure he said that Dr. clench 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. Marry Sheriff. Mr. Darnell. Call Mrs. Marry 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. clench 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 Housekeeper, 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 saith, 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 damn 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 hoped to be saved, 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 clench, and you said, God damn 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 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 clench? Mrs. Sheriff. Why, he speaking of Doctor clench, said to Mrs. Vanwick, God damn 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 Rend 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. clench, to Pay no more; says he to me again, Dr. clench, and Row, 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. clench, 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 forewarned 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. clench, 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 clothes had the Prisoner on? Mrs. West. My Lord, he had an Old Thread-hare black Cloth Suit of clothes 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 Catholics in your House, they have Murdered Dr. clench, for aught 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 stayed out that Night; and on the Sunday, the third of January last, at Night, he came again with a Person with him, and fetched 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 Kitchen 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' 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 fetched 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 whilst 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. clench 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 Footboy said, you were a Parliament Man: And you said so yourself. Mr. Darnell. Call Mr. Garway again. (He appeared. 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. To Mrs. Garraway, at the Hand and Apple in Thread-Needle-Street, behind the Royal Exchange, Present. Mrs. Garraway, I Was informed Yesterday, that you are to Appear against me, at next Sessions. I am sure, you never heard me mention Dr. clench, 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. clench. 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. Assoon as he came in, he 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 revenged of that Rogue, and named clench or Winch, I cannot tell which, and he would have his Blood, ere 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 myself. Mr. Darnell. Call, Mrs. Marry 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 Murder 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 Fleetstreet, 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 Churchyard, 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. James Howseman. My Lord, he came in about Eight a Clock at Night, and brought a Porter with him, and a Portmanteau Trunk; and after that, the Porter went out a little before him, and then he followed him, and went out after. 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. clench 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 Fleetstreet 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 clothes had he on. Mr. Humston. My Lord, he had a Cloak on, but I cannot tell what clothes 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 guests, the Shop was shut up, and I let him out. Mr. Darnell. Where was it? Esther King. At the Golden Key in Fleetstreet over against Fetter-Lane End. Mr. Darnell. What clothes had he on? Esther King. I cannot tell well, but he had a Cloak on, I do not know, what clothes he had on besides. Mr. Harrison. Was it Eight or Nine a Clock. Esther King. It was near Nine, as near as I can guests. 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. clench murdered. John Sikes, Coachman. My Lord, on the 4th. of January last, being Monday, I was at the Playhouse, and there I took up a Man and a Woman, and carried them into the City; so I brought the Gentleman back again, to the Green Dragon Tavern in Fleetstreet; and then, he said, he would pay me by the hour; he said, that it was but much about Nine a Clock. Then I left him, and was driving up the Street towards the Temple, and two Men stood in Fleetstreet about Fetter-Lane End, and they asked me, if I knew Dr. clench, who Dwelled in Brownelowe-street in Holbourn: I told them, that I did not know Dr. clench, but I knew the Street. So they went into my Coach, and one of them bade me Drive thither, and I did, and stopped at the Streets End; because the Gate at the other End was shut, so that I could not turn my Coach: And one of them, bade me go and tell the Dr. That there were two Gentlemen in a Coach at the Streets End, that would desire him, to go with them, to see one that was not Well. The Doctor asked me, if I could tell, Who they were? Or, who it was, that he was to go to? I told him, that I could not tell The Doctor was in his Nightgown and Slippers, and he Dressed himself: And when he came to the Coach, one of them removed from his Place, and gave him the hinder-part of the Coach; and told him, That they had a Friend, that was not Well: And one of them, bade me Drive to Leaden-Hall-Market; and when I came about Holborn-Bars, one of them called to me, and asked me, Why I drove so slowly? And bade me drive faster; so I Drove fast, and came to Leaden-hall. And then one of them, bade me drive to the Pie Tavern without Aldgate, and there Ordered me to stop. And when I had stopped there, one of them called to me, and told me, that I need not stir out of my Coach-Box; but call to the Boy at the Tavern, and ask for one Hunt a Chirurgeon, which I did do: And when the Boy came to me again, he said, there was no such Man. Then one of them bade me Drive back again to Leaden-hall; and in the time I stayed there, and turned my Coach, Aldgate was shut; and when I came to the Gate, one of them gave Six Pence to the Watch, and the Gate was opened, and I drove to Leaden-hall Gate. And when I came there, I stopped again, and one of them gave me Half a Crown, and bade me go and buy a Fowl of one Hunt a Poulterer; but after I had gone a little way from the Coach, he called me again, and said, Here Coachman, you had as good take an other Shilling, and buy a Couple: So I went, and bought a couple of Fowls, but I could find no such Poulterer as Hunt, so I bought them of another, and I gave three Shillings for them. And when I came back to the Coach side, I found Dr. clench, (as I thought) sitting against the Fore-seat, with his Head against the Cushion: I pulled him, and cried, Master, Master, for I thought he had been in Drink, but I could not get one word from him; and then I went to the Watch, who were near; and when they came, we found him Strangled with a Handcherchief about his Neck, and a Coal in it placed, just upon his Windpipe, but the other two Men were gone. L. C. J. Had one of the two Men a Cloak on? J. Sikes. I cannot remember that. L. C. J. What kind of Habit had he? Had he black clothes on? J. Sikes. My Lord, I cannot tell justly, what clothes 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 Periwig on, of a Light coloured Hair: And I do verily believe, that the Prisoner at the Bar, is the same Person; I cannot be positive, he is one of them, but as near as I can judge of a Man, whom I have seen but once, he is one of them. Mr. Harrison. My Lord, I desire your Lordship to observe the time, that he took the two Men up, and what time it was that they ran out of the Coach. L. C. J. Coachman, what time was it, that they left your Coach? J. Sikes. About half an hour past Ten, and it was about a quarter of an hour past Nine, when I took them up. Mr. Darnell. Pray let's ask the Coachman one thing more. Coachman, Look upon that Handcherchief, do you know it, and where did you see it? The Handkerchief was produced by the Coroner. J. Sikes. I do believe that it is the same Handkerchief, that was about Dr. clench's Neck, when he was found Murdered. L. C. J. Call the Coachman again. Hark you, In what Posture did you find Dr. clench, 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 leapt in it▪ It was leapt in the middle of it, and it laid just against the Doctor's Windpipe. 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 Windpipe, when I saw him Dead in the Coach. The Coachman came to Mr. Marriot's House, and asked 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 Chirurgeon 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. Elinor 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. clench 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 Mother's 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, bade him go to Dr. clench'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 haste, and I went round the Coach, and could discern Mr. Harrison's face; and I stayed, and saw Dr. clench 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 Coachman 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 clench, desired me to go and see Mr. Harrison; and when I came to Newgate, it seems, he was writing Letters, so I stayed 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. clench was Murdered. L. C. J. Who are those two Men that were with you? Mrs. Ashbolt. One of them, was one Mr. Jones, a Coachmaker in Holborn, and the other, was Madam clench's Coachman. 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 clench, 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 clench 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 Shoemaker. 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 Council for the King, speaks of, was sent to Leaden-Hall-Street, of an Errand, to the Bullhead Alehouse 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 pulled 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 Bullhead Alehouse, 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 Soldiers, 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 hussed and said, That if I would not give him the clothes, he would send his Officer; and then I told the Soldier, 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 beforementioned 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. Clerk of the Peace Reads. 12ᵒ. Januarii, 1691. Andrew Bowsell, Servant to Richard Tim's Shoemaker, Sworn and Examined touching the Death of Andrew Clench Doctor in Physic, deceased: saith, that he, this Informant, being sent to Mr. Parker's at the Bullhead Alehouse 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 saith, that this Informant going to look into the Coach, the Person that had the Cloak on him, cried Dam him; and this Informant saith, 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, saith, that he hath seen Henry Harrison, now Prisoner in Their Majesty's 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 murdered in a Coach, being the fame Coach which the said Harrison, and another Person unkown 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 Row but Fifteen Pounds, and we did not know how to get the Money from Rowe, so we Petitioned the Lords Commissioners about it, which was above Six Months before Doctor Clench was Murdered; and Mr. Fairbeard wondered that I would put Doctor clench's Name into a Petition with such a Rogue as Row; 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 Row 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 perused by the Lord Chief Justice, and returned 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 Murder 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 Queen's Council. Mr. Harrison. My Lord, I shall prove by these Witnesses, that I was elsewhere when the Coachman said he took up those two Men, a little after Nine-a-Clock. Pray Mr. Turner, give an Account to the Court, what time it was, I called you to carry my Trunk. 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 Fleetstreet, 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 bade 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 Linen washed for him against the next Day at Noon; and he gave me some Linen, which I carried to my Wife to wash for him, and returned to him again presently; and I went with him from thence, and carried his Trunk to his Lodgings in Paul's Churchyard; and when I had delivered his Trunk, I left him there; and than it was about Eight of the Clock at Night. L. C. J. At whose House was it, you delivered the Trunk? Tho. Turner. My Lord, it was at Mr. Jones' 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 anight it was I came to Mr. Humston's, he let me in; I desire he may be called. 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. clench was murdered? Tho. Johnson. My Lord, on the 4th of January last at Night, Mr. Harrison came to my Master's House, and knocked at the Door; and I went to the Door, and opened it, for I had shut up the Shop; and he asked 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 guests. L. C. J. Where is your Master's House? Tho. Johnson. My Lord, it is the Golden Key in Fleetstreet, over against Fetter-lane end. Mr. Harrison. Pray call Adam Maccaffee, Mr. White, Mr. Carden, and John Allen. [Who appeared. And Mr. Maccaffee stood up.] Mr. Maccaffee. Upon Monday the 4th Day of January last, the Prisoner was at my House, and stayed from Nine a-Clock, till past Eleven, and played at Cards with one Mr. Baker, and one Mr. White and his Wife; and he stayed 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? Mr. Maccaffee. No, my Lord. Lord Mayor. At what time anight 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. clench was murdered, 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 stayed, but there were two Accidents happened; one was, our Playing at Cards; and the other was, that there was a Pickpocket carried by to be pumped 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 stirred out, neither did he seem to be disordered; 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 myself, 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 Cook, and the Women asked 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 played at Cards? Mr. Baker. It was one Mrs. Fairelesse, the Woman of the House, and Mr. Harrison, and myself. 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 played 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 but once before, and I had not known him again, but by a particular Token. Mr. Harrison. Were there not some Accidents happened at that time? 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 Pickpocket was carried up the Lane to be Pumped at Lincolns-Inn Pump. Mr. Harrison. Call Mrs. Fairlesse, call Mrs. Whipple. [neither of which appeared.] 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. [who appeared. 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 surgeon'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 stayed 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) I 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 easiness 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 Fleetstreet, towards Fleet-Bridge. L. C. J. At the time when Mr. Sutton and you went first out, did you agree of your going to the Horseshooe-Tavern? 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 stopped 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 Head-Tavern. [Who appeared. 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 murdered. 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. [Who appeared. Mr. Harrison. What time did Mr. Sutton come to your House, did you see any one stand at the Coach side? and what clothes 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 is in the Press-Yard, one Mr. _____ Butler, I desire lie may be sent for, if your Lordship please. L. C. J. Let him be fetched 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 - Churchyard? Thirdly, why did you say that you had extraordinary business? Give some account what your business was, and who that Gentleman was, that stayed for you in the Street, when Mr. Humstone desired you to stay and Sup with him, what hindered 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 Cossee-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 Alehouse. 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 Murder 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 Murdered, I sent Mrs. Ashbolt of an Errand, and at her return, I blamed her for staying so long; and she told me, that as she was returning home, a Coach stopped at Brownlow-Street end, with two Men with Cloaks on in it, and that one of them bade the Coachman go for Doctor Clench, and desire him to come to them, and in his going several times looked back as if he suspected the men would leave the Coach, and so she stayed until Doctor Clench came and wont into the Coach, and that one of the men gave the Doctor his Place; and that one of them had a Fair Periwig and a Sanguine Complexion. 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 Periwig and a Sanguine Complexion, and that one of them had a Cloak on. L. C. J. Did she say that she observod 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 herself 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 Gentlemen 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 looked after the Coachman, 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 show your Lordship somewhat in Relation to the Credit of those Witnesses, that the Prisoner hath brought here; Particularly, as to Mr. Baker, we shall prove that he hath been Convicted for a Cheat. And as for Maccaffee, he keeps a very disorderly House, where ill People commonly resort. Mr. Darnell. Cryer, Call Mrs. Martha Whelstead, and Mr. Thomas Cole. L. C. J. Mrs. Jones, what time did Mr. Harrison come to your House, to his Lodging, that Night that the Murder was committed? Mrs. Jones. I think it was about Eleven a Clock, or a little before Eleven. L. C. J. What time on the Monday did he hire the Lodging of you? Mrs. Jones. It was sometime after Dinner. L. C. J. It was before Night, was it not? Mrs. Jones. Yes, my Lord, it was before Night. Mr. Darnell. My Lord, I desire that Mr. Tanner may Read the Record against Mr. Baker, whereby it will appear that he was Indicted and Convicted at Hixes-hall, for Cheating the Parish of St. Giles in Middlesex, when he was Scavenger there, by altering the Figures in the Book, and Rateing the Sums of Money Higher upon divers of the Parishioners, than they were in the Parish Book, and then Collecting and extorting the Money, so by him increased, from them. Mr. Tanner Reads the Indictment aforesaid, by which it did appear to the Court, and to the Jury, that the said Mr. Baker was Indicted for the Offence aforesaid, and confessed the Indictment, and was fined for it twenty Shillings. Mr. Baker. My Lord, I was wrongfully Indicted, and Traversed the Indictment, and was acquitted. L. C. J. Mr. Tanner, give me the Record. Lord Chief Justice peruses the Record. Mr. Baker. I have Read the material parts of the Record, and do find that you were Indicted for that offence, and that you confessed the Indictment, and were fined for it. Mr. Baker. My Lord, I was acquitted of it, and can prove it by Captain Cannon, who knows me, and my Reputation, and he is in Court. L. C. J. Mr. Baker, the Record testifieth the Truth, and cannot err, therefore you have great Confidence to aver against it, yet I will hear what Captain Cannon saith. Mr. Baker. Call Captain Cannon. [who appeared. L. C. J. Capatin Cannon, do you know this Mr. Baker? Captain Cannon. Yes, my Lord, very well. Mr. Darnell. My Lord, I desire that Captain Cannon may be sworn. L. C. J. Mr. Tanner, Swear Captain Cannon. [who was sworn. L. C. J. Sir, do you know that Mr. Baker was Indicted for falsifying of the Scavenger's 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 that 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 discovered that several Figures of the Book by which Mr. Baker Collected the Money to the Scavenger's 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 Partridge, of the same Parish, being in Court, offered himself, and gave the same Account of Mr. Baker that Captain Cannon did. Mr. Darnel. Crier, Call Mr. Francis Brampton, Mrs. Martha Whelstead, and Mr. Thomas Cole. [And Mrs. Whelstead and Mr. Cole appeared, and were sworn.] Mr. Darnel. Mrs. Whelstead, pray give the Court and Jury an Account what disorderly House Mr. Maccaffee keeps? Mrs. Whelstead. My Lord, I dwell in Crown-Court in Chancery-Lane, over against Mr. Maccaffee's House; and he and she are very ill People; and keep a very evil and scandalous House, and such as are reputed to be Housebreakers, Pickpockets, 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 stolen 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 yourself, 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. Cham Whitfield. My Lord, Upon the fifth day of January last, being the Day after Dr. Clench was murdered, I went to Joe's Coffeehouse 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 Judgement 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 Judgement of God upon him for his Baseness showed 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 Coffeehouse another Person, one Mr. Ravenscroft, of whom Mr. Harrison asked some Question about Dr. Clench; who replied, 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 myself; for I know, and am concerned in all her Affairs: Perhaps than 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 Linen 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 Fortnight 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 Linen, 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 clench, 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 Coachman 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 Coachman to drive to Leadenhall-street; and when they came about Holborn-Bars, one of them asked the Coachman why he drove so slow, and bade him drive faster. When they came to Leadenhall-street, than they bade him drive to the Pye-Tavern without Aldgate; where one of them bade the Coachman ask for one Hunt; but he not being there, one of them bade the Coachman 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 Coachman three Shillings and six Pence, and sent him to buy a couple of Fowls; which the Coachman 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 Windpipe; 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. clench 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. clench did refuse to lend the Woman more Money, therefore he had an Animosity against Dr. clench. 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. clench 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, lest 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, does he say that a Woman of your Quality should go to Service? He is a great Rogue, and deserves to have his Throat cut; but let me alone, I will manage him. 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. clench: 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, etc. That the Mortgage-Money not being paid, it was thought fit, 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. clench had forbid the payment 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 saith further, That the Doctor being pressed 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 Thread-needle-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 fetched 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' in Paul's Churchyard. 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, etc. There it was that he was s●●● 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 suitable, 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 showed in Court, and compared with the Handkerchief that was tied about Dr. Clench's Neck. She saith 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 Woodstreet-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. Now, on the Monday on which this Fact was committed, he having taken a Lodging at Jones his House, he came thither with a Porter, who brought his Portmantua-Trunk about eight a Clock at night; and after he had been there a little while, he went away. 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 stayed in the Street for him to go about extraordinary Business. The Coachman tells you, That near about that time two Men in Fleetstreet, 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 sixpence, 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 bade 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. Elinor 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 Periwig, 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 the Coroner, and she gives you this reason for it, because her Mother was not willing she should be concerned in such a matter as this was; and what she could say, was not known to Mrs. clench until after the second Sessions: And when he was in Newgate, she saw him there, and declared he was the same Man. 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 played 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 played 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 Horse-shoe 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 inquire 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 clench. To which Evidence an Answer hath been offered; 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' 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 itself was produced against him, which is true without doubt, notwithstanding 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' Coffeehouse in Salisbury-Court; and though he had taken a Lodging in Paul's Churchyard, 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. clench, 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 Judgement 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. clench, and to tell her that she was a Widow now as well as Mrs. Vanwick; and he thought by that Means to move Mrs. clench to pity her, being a Widow as well as herself: And that whilst they were talking thus, one Mr. Ravenscroft tells him, that Dr. clench 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 aught 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. clench, 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 threatened Dr. clench, called him Rogue and Rascal, and said, that he deserved to have his Throat cut; that Harrison went under a Disguise for some time before the Murder. You have had an Account of the Handkerchief, what kind of Handkerchief Harrison had, and what Handkerchief was taken about Dr. Clench's Neck, you have seen: And you heard what Evidence was given by Mr. Humstond; how the Prisoner was with him about nine a Clock that Night; and how he refused to stay and sup with Mr. Humstond. If Mr. Harrison had no earnest business, one would have thought he might have stayed with Mr. Humstond better than to have gone to an Alehouse in Crown-Court, and played at Cards at one Penny a piece a Corner; he might have had better Fare no doubt. The Witnesses for the Prisoner say for him, That he came to Maccafee's House about 9 a Clock at night, and stayed till eleven: That is contrary to that Evidence given for the King, viz. That he was in the Coach at Brownlow-street End; for if he was at Maccafee's House all the time they mention, it is impossible he should be guilty. All those things are under your serious Consideration. You had best go together, and if you are not satisfied upon the Evidence you have heard, that he is guilty, than you ought to acquit him; but if you are satisfied that he did commit this Murder, than 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? etc. Foreman. None that we know of. Major Richardson. Look to him, he is found guilty of wilful Murder. Cl. of Arraign. Then harken 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 Knowledge: 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 clench: What can you say for yourself why Judgement should not be given against you, to die according to Law? Mr. D. Recorder. Mr Harrison, You have been Indicted, Arraigned and Convicted of Felony and Murder, for the Murder of Dr Andrew clench. You have had a long, and a fair and favourable Trial, as any Person that ever have been Tried at this Bar. The Jury that has passed upon your Life and Death hath Convicted you, and the Court are now ready to do their last Act, which is to pronounce that Sentence that the Law does inflict upon such Crimes as you stand Convicted of. Mr. Harrison. I expect no Mercy here, therefore I humbly desire you would interceded 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 acknowledge, that I was Tried before the best of Judges, my Lord-Chief-Justice Holt, but one thing I think strange, that my Witnesses should be examined 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 begged that I might have timely notice of my Trial, 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 Trial, which you should not have done if you had not been ready. Mr. Harrison. I humbly submit. Then the usual Sentence of Death was pronounced against him, and he was Remanded to Newgate. The Examination of Henry Harrison this 6th. Day of January, 1691. THIS Examinant being asked where his Lodgings are, answereth, That he Lodgeth at the Golden-Ball in Paul's Churchyard, and came to Lodge there on Monday Night about Eleven of the Clock or half an hour after, but took the Lodgings in the Morning, the Master of the House being one Mr. Jones a Cane-Chair-Seller; and before that time this Examinant lodged at the Hand and Apple near the Exchange, which said Lodging he left on Saturday last in the Morning, and paid for them on Sunday Afternoon. And this Examinant saith, That on Saturday Night last he lodged at the White Belcony in Old Southampton-Buildings, the Mistress of the House being one Mistress Pitts: And this Examinant Lodged there on Sunday Night also. And this Examinant saith, That he was at the King's Head in Crown-Court in Chancery-Lane upon Monday last, from between Seven and Eight of the Clock at Night, and stayed there until Eleven, playing at Cards with the Man and Woman of the House, and other Persons unknown. And being asked where he Dined on Monday, and how he spent his Time on Monday in the Afternoon, he saith, he cannot give any Account. And this Examinant saith, that on Tuesday last Mr Hartly of Old Southampton-Buildings, discoursing concerning the Murder of Doctor Clench, said, That this Examinant was suspected to be Guilty of that Murder. And this Examinant further saith, That he wore the same Clothes, he hath now on upon Monday last, and hath worn them a great while having no other Clothes to wear. Capt. & Cognit. 6: die Januarij. 1691. Coram J. Holt. Hen. Harrison. THE TRIAL OF John COLE, FOR THE MURDER OF Dr. Andrew clench, 1692. LONDON, Printed by Thomas Braddyll, and are to be Sold by William Battersby at Thavies Inn-Gate, and R. Baldwin near the Oxford Arms in Warwick-lane. MDC XCII. THE Arraignment, Trial, and Acquittal OF JOHN COLE FOR THE MURDER OF Dr. Andrew clench. At the Sessions of Gaol-Delivery of Newgate, holden for the City of London, at Justice-Hall in the Old Bailie, on the 31st. day of August, and on the 1st. and 2d. days of September, in the 4th. year of their Majesty's Reign. Judge's present Mr. Justice Dolben. and Mr. Justice Powel. THE Keeper of Newgate did, according to Order of the Court being sat, on Friday the 2d. day of September, bring up the body of John Cole to the Session's Pouse in the Old-Baily, London; who being at the Bar, was Arraigned upon an Indictment of Felony and Murder, found against him by the Grand-Jury of the City of London, for the Murder of Dr. Andrew clench. 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 Murder of Dr. Andrew clench, etc. 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 Murder whereof you stand Indicted, or not Guilty? Joen Cole. Not Guilty. Cl. of Ar. Culprist, How will you be Tried? 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 Trial▪ 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 called, and personally do appear, are to pass between our Sovereign Lord and Lady the King and Queen, and you upon Trial 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 called and Sworn, and th●n were counted; and the Twelve Sworn were these whose names follow▪ JURORS. 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, etc. as in the Indictement. Upon this Indictment he hath been Arraigned, and thereunto hath pleaded not Guilty; and for his Trial hath put himself upon God and his Country which Country you are. Your Charge is to inquire whether he be Guilty of this Felony and Murder whereof he stands Indicted, or not Guilty. If you find that he is Guilty, you are to inquire what Goods or Chattels, Lands or Tenements he had at the time of the Felony and Murder Committed, or at any time since. If you find him not Guilty, you are to inquire whether he f●ed for it; if you find that he fled for it, you are to inquire 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 Murder of Dr. clench? Mrs. Milward. My Lord, my Husband declared to me, that he and Mr. Cole were in the Coach with Dr. clench, and that they two killed Dr. clench. 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 killed Dr. clench, what then? That will stand for no Evidence in Law: We ought by the Law to have no Man called 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 called at Doctor clench's, he was not within, but the second time they went he was within, and then they did the Murder. Mr. Justice Powel. When died your Husband Mistress? 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 Coal 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 discovered this to Mrs. clench, and she should have looked after Cole; is Mrs. clench 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 Murder of my Brother Dr. clench; and she told my Sister clench, that Mr. Milward her Husband confessed and said sometime before his Death, that he and Mr. Cole Murdered Dr. clench in a Coach; and Mrs. Milward said▪ That she had sufficient Evidence against Mr. Cole for it, and my Sister clench told Mrs. Milward that Mr. Harrison Murdered Dr. clench in a Coach, together with another Person, which my Sister clench 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 Alehouse near Clements-Inn, by Mr. Gamble a Coachman out of his Coach, together with the said Mr. Milward in their return from Dr. clench's House that Night he was Murdered; and, my Lord, by my Sister clench'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. clench's House, and at the said Blue-Boar's-head Alehouse with Mr. Milward, and another Person, that Night Dr. clench was Murdered, and so he might be concerned 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 prefer an Indictment against him for it, and that she would pay for it, and other Charges about it, which she did; and Mrs. Milward hath a Note of the Names of all her Witnesses, and may call them. Sir Rob. Clayton, Did not you lie at Cole's House, Mistress? Mrs. Milward. Yes, Sir, I did. Mr. J. Dolben. Why did not you take him then? Mrs. Milward. Because he absconded himself, and gave out that he was gone to Sea. Mr. J. Dolben. Was there no quarrel betwixt Cole and you about your Goods? Mrs. Milward. No, my Lord, I had no quarrel with him. Mr. J. Dolben. Because you did not do it sooner, have you not been troubled with your Husband's Ghost? Tell the Jury the story: we have heard on't, but I am afraid they will Laugh at you. Mrs. Milward. That was very true, my Lord. Mr. J. Dolben. Well if you have any thing else to say, that is Material, Speak, otherwise my Brother and I are of opinion, that what you have already offered is no Evidence. Mrs. Milward. My Lord, here is a Coachman or two, that can acquaint your Lordship of the Matter of Fact, better than I can. Cl. of Ar. Cryer, call John Gamble the Coachman (Who stood up.) Mr. J. Dolben. You, Coachman, do you know the Prisoner? Mr. Gamble. No, my Lord, I do not know him. Mr. J. Dolben. Look upon him, do you know him or no. Mr. Gamble. No truly, my Lord, I do not know him. Mr. J. Dolben. Why! Look you, Woman, he does not know him; you Coachman, the story is well know, therefore I ask you again upon your Oath, if that Prisoner at the Bar be one of the three Persons, that you carried to the Blue Boar's Head on the backside of St. Clement's, that Night Dr. clench was Murdered. Mr. Gamble. Indeed, my Lord, I cannot be positive whether he be one of them or no. I took up in Cheapside three Men into my Coach, and set one of them down at Gray's Inn, and drove the other two to Dr. clench's House that Night he was Murdered, and he was not at home, and afterwards the Man I had set down, came in again, and I set them all down at the Blue Boar's-Head Alehouse near Clement's Inn Gate, about Eight a Clock at Night. Cl. of Arr Set up W. Brown Servant at the Blue Bear's-Head. Mr. J. Dolben. Hark you, is this one of the three Men that the Coach Man set down at your Master's House that Night Dr. clench was Murdered. Will. Brown. Yes, my Lord, it is. Mr. J. Dolben. What time did they come to your House? Will. Brown. They came about Eight a Clock at Night, and this Man and the other stayed till after a Eleven a Clock; only Milward went out and returned presently, and then immediately he went out again, which was before Nine a Clock, and returned not until Eleven a Clock or after. Mr. J. Dolben. What time was Dr. clench Killed? Will. Brown. About Ten a Clock, or betwixt Ten and Eleven as I think. Mr. J. Dolben. Who went out first, only Milward? Will. Brown. Only Mr. Milward, my Lord, but this Man stayed all the time, till Eleven a Clock at Night, and another who went by the Name of Harper, as I am since informed. Mr. J. Dolben. Why then this Man could not be in the Coach when Dr. clench was Murdered, so Harrison and Milward Killed the Doctor in all probability, for he says, this Man at the Bar, and another, stayed at his Master's House till after Eleven a Clock. Will. Brown. My Lord, when Milward came back he brought a Couple of Men with him in Soldiers Habit about Eleven of the Clock at Night. Mrs. Milward. My Husband told me, that Mr. Cole and he went out of the House, and left Mr. Harper behind. Mr. J. Dolben. But this Man Swears, that the Prisoner did not go out of the House till Eleven a Clock at Night, and they were set down about Eight of the Clock, and Dr. clench was found Killed a little after Ten at Night, and that Milward went out, and then came in again about Eleven a Clock, and brought two men with him; 'tis to be feared he had been Killing Dr. clench in that time; have you any more to say, if this man says true, nothing can be said more. Mrs. Milward. Speak what was done, when they came to drink the ●ot of Ale, Mr. Brown. Mr. J. Dolben. I would fain know, Mistress, who set you on upon this business? Is there not some Money promised you? It was not the fear of your Husband's Ghost that put you upon it, I am afraid. Mrs. Milward. I am much wronged, my Lord, I know nothing of any Money offered me. Mr. J. Dolben. What say you more? Will. Brown. My Lord, Mr. Milward being at my Master's House that Night Dr. clench was Killed, desired me to make a Fire in the same Room the next morning, and that he would come again then; and I made a Fire accordingly, but he came not then, nor afterwards at any time to my knowledge, but on a Sunday Night about a Fortnight after came the Two Persons, that came with Mr. Milward in the Coach to my Master's House that Night Dr. clench was Murdered, and my Master being above stairs, I sent him word, that the Two men were there who were there that Night that the Doctor was Murdered, and they Inquired for Mr. Milward, saying, he promised to meet them there, and he not being there, before my Master could come down, they paid for the Pot of Drink and went away. Mr. J. Dolben. When they came together to the Blue-Boar's-head they had some evil design, no doubt, but if it be true that those Two men stayed from Eight a Clock till Eleven, than it could not be this Man that Murdered Dr. clench; but hark ye, Fellow, you say, there were Three Persons, whereof Cole was one, and Milward the other, who was the Third? Will. Brown. I do not know his Name, my Lord, otherwise than as I have since heard. Mrs. Milward. The other Man's Name was Harper. Mr. J. Dolben. You know nothing but what your Husband told you, and 'tis most probable that Harrison and he did the Murder, for that it appears that the Prisoner at the Bar is not the Man that Killed the Doctor, that's plain. Have you any more. Mrs. Milward. About a Fortnight after the Murder was done, they came to inquire for my Husband at the Blue Boar's-head, and whilst the Tapster went to tell his Master, they left their Money for the Drink and went away, and would not be seen. Mr. J. Dolben. What if they had run away, what then? If they were at the Blue-Boar when Dr. clench was Killed, they could not Kill him. Mrs. Milward. His Master says, that they were in the House, and out of the House, very often, call Mr. Dalley the Master. Who appeared and stood up. Mr. Dalley. My Lord, Two of them were not out of the House all the Night, I am not positive that this is the Man that came in with Milward, but those Two Men that came in with him, never went out at all until after Eleven a Clock at Night, but only Milward went out between Eight and Nine, and returned about Eleven a Clock. Mr. J. Dolben. What do you say to this, Woman? your Husband told you that the Prisoner was one of the Two, this Witness cannot say he was one, but says positively those Two men never went out till Eleven a Clock, and from St. Clement's Danes to Leaden-hall-street is not to go in and out, they must take a great deal of time to go thither and back again. Hark you, Mr. Dalley, you say that those Two men that Milward left, never went out of your House till after Eleven a Clock, you are sure on't. Mr. Dalley. No, my Lord, they did not go out. Mr. Wise. Mrs. Milward hath Two Witnesses that can tell somewhat more of the matter, concerning her Husband's being concerned in the Murder. Mrs. Milward. My Husband told me, that the Coachman took them up not far from Chancery-Lane end, and that Mr. Cole laid hands upon the Dr. in the middle of Holbourn. Cl. of Ar. Cryer, Call John Sykes the Coachman; who stood up. Mr. Sykes. My Lord, I took up Two men in Fleetstreet, about Fetter-Lane end. Mr. J. Dolben. What manner of men were they? What clothes had they on? Mr. Sykes. My Lord, one of them had a Light Coloured Periwig on, and the other was in Sad Coloured clothes, and Lank Hair, but I cannot be positive that this is one of them: They Asked me if I knew Dr. clench of Brownlow-street? I told them, that I did not know the Dr. but I knew the Street: and they bid me Drive thither; and when I came to the Street's end, they sent me to the Doctor's House, and bid me tell him, that Two Gentlemen were at the Street's end in a Coach, who desired him to go with them to one that was not well, so the Doctor came presently after me, and when he was in the Coach, they bid me Drive to Leaden-hall street, and when I came about Holbourn-Bars they bid me Drive faster, and when I came to Leaden-hall-market, they bid me Drive to Algate, and I drove through the Gate to the Pye-Tavern, and when I had turned my Coach, they bid me Ask for one Haunt a Chirurgeon, but he was not there; and then I told them the Gate was shut, and one of them put his Hand out of the Coach and gave the Watchman Six Pence to open the Gate, and then I drove back again to Leaden-hall-market, and there they bid me stop again, and one of them gave me Half a Crown to Buy a Fowl, and I went a little way from the Coach, and one of them called me back again, and gave me a Shilling more, and bid me bring a Couple, and he bid me Ask for one Hunt a Poulterer; I went all over the Market, but I could find no such man, so at length I bought the Fowls of another man, and would have had the man gone with me to my Coach, but he would not; then I came to my Coach side, and found the Door open, and I found the Doctor sitting at the bottom of the Coach with his Head against the Cushion, and the Two men gone, and one of them seemed to be in drink when I took them up, and I thought him to be that man fallen asleep, and that the Doctor and the sober man were gone to the Person that was not well, so than I called the Watch, and found the Doctor dead, and then it was about half an Hour after Ten a Clock at Night. Mr. J. Dolben. Then I Ask you, was that one of the men? Mr. Sykes. I cannot say it, my Lord, I don't know him. Mr. J. Dolben. What time of Night was it that you took them up at Fetter Lane end? Mr. Sykes. It was about Nine a Clock, somewhat after. Mr. J. Dolben. Why then, they say, that this man never stirred out of the House from Eight a Clock till Eleven, this man can't be concerned. Cl. of Ar. Set up John Dudley, which was done. Mrs. Milward. Mr. Dudley, What did my Husband say, concerning the Doctor, to you in the Country? Mr. Dudley. He came into the Country presently after the death of the Doctor, and he sent for me, and was very much concerned, I Asked him what was the matter with him, and he told me, that he was come out of Town about the Murder of Dr. clench; I told him, that I hoped that he was no ways concerned in it; he told me, No, but there was a Warrant out against him upon account that he Quarrelled with the Coachman that Night that he carried him to Dr. clench's; and he said, that Mr. Harrison had sent to him from Newgate, and told him, that he would give him Twenty Pounds, if he could make his Trial easy. Mr. J. Dolben. Mistress, this makes it out, that he told you one Story, and to this Witness another, which contradicts your Story fully; he told him, that he came away for fear, and that he was Innocent of the Murder; and since that he told you, that he was Guilty. Well, what else did he say to you, Mr. Dudley. Mr. Dudley. He was much concerned to inquire after the Gazettes, and Letters, if he were in them, about the Doctor's Murder, and to inquire if Mr. Cole and Mr. Harper were taken up about it. Mr. J. Dolben. You hear what is said against you; what do you say to it Mr. Cole? Mr. Cole. My Lord, I know nothing of it. Mr. J. Dolben. No, I doubt you do, you were one of the Three that was set down on the back side of St. Clement's Church, at the Blue-Boar's - head, where all things were Consulted. Mr. Cole. My Lord, there was not one word spoke about the Killing of Dr. clench in my Company. Mr. J. Dolben. Were not you Acquainted with Milward. Mr. Cole. Yes, my Lord. Mr. J. Dolben. Were you not with Harrison? Mr. Cole. No, my Lord, I never saw him with my Eyes. Mr. J. Dolben. Well, have you any more to say? Mrs. Milward. Call Mr. Hobbs, who stood up. Mr. Hobbs. I met Mr. Milward in York-Buildings, and he Asked me how I did, and he went from me a little way, and then came to me again, and Asked me if I would drink, So we went to the George in York-Buildings and there we drank a Pot or Two; and he Asked me if I heard that he was Accused about the Murder of Dr. clench; I told him, No, but he never told me any thing of this Man at the Barr. Mr. J. Dolben. What was Milward? Mr. Hobbs. I do not know how he got his Living. Mr. J. Dolben. Have you any Body else, Mistress? Mrs. Milward. No, my Lord, I know no more. Mr. J. Dolben. Gentlemen of the Jury, Cole the Prisoner at the Bar stands Indicted for Murdering Dr. clench, who, as it now appears, was Murdered in a Coach by two Persons that were therein together with the Doctor. The question now before you is, whether Cole was one of these two? Gamble, the Coachman, swears, That the Night Doctor clench was killed, he took up Three Men in Cheapside, set one of them down at Gray's-inns, and drove on to Doctor clench's House, the Doctor was not at home, than the third Man came in again to the Coach, and he drove to the Blew-Boar's-Head an Alehouse by Clement's-Inn, and set those Three Men down there, and 'twas then about Eight of the Clock. Sykes the Coachman, swears, he took up Two Men at Fetter-lane End in Fleetstreet, and by their directions drove to Brownlow-street, where the Doctor lived, whom they got into the Coach, and he drove as far as Aldgate, and through the Gate, and then came back to Leaden-Hall, was sent by the Two Men in the Coach to buy a Fowl, when he returned they were gone, but the Doctor found Dead in the Coach; and 'twas now half an hour past Ten. The Question now, as I said before, is whether Cole the Prisoner at the Bar, was one of these two men. The Woman tells you, Milward her Husband told her, that he and Cole were in the Coach with Doctor clench, and that they Two Killed Doctor clench. She likewise tells you, her Husband told her, that Cole and her Husband went out from the Blew-Boars-Head near Clement's Inn, and left only Harper behind. The Court hath already declared to you, that her Evidence, being only what her Husband told her, is no Evidence in Law to take away a Man's Life, especially when it is single without any Circumstance to confirm it, as here ' 'tis. But that is not all, there is a very great Evidence, that what she says her Husband told her, is false. He told her, she says, that he and Cole went from the Blew-Boars-Head and Killed the Doctor, leaving only Harper behind. The Master of the House and his Servant (Witnesses which she produceth) both swear, That her Husband went out alone, and lest Two Men behind, who both stayed in the House till Milward returned, which was about Eleven of the Clock. The Master, 'tis true, cannot say that Cole is one of the two, but the Servant is very positive he is, and both are Positive, that the two Men, that Milward left-behind, continued in the House till Milward returned at Eleven of the Clock. These Two men's Depositions do plainly contradict her Story, and if they swear true, Cole the Prisoner was not one of the Persons that Killed the Doctor. You have all heard, I am sure, that one Harrison hath been Convicted by a Jury in this Place for the Murder of Doctor clench: If he was one of the two, then Milward by his own Confession (if his Wife swear true) was the other; but this you cannot take notice of, the Record is not produced, neither hath the Prisoner taken notice of it, the Question is only whether Cole be Guilty of the Murder? which I leave to you upon the Evidence you have heard. The Jury having considered their Verdict, returned, That the Prisoner was not Guilty. FINIS.