Examined… saith that yesterday morning the said Kirks came to this examinate’s company, at Mr Glasier’s house, and from thence they… and Mr Thomas Glasier went along to an alehouse one George Martin’s house in the Lea aforesaid and there drunk 8d whither paid amongst them and then this examinate having occasion to come to Chester to trim himself and the said Kirks being Commended to this examinate for a tall fellow and a good companion the said Glasier he desired his company to Chester, whither they both Came a foot, and as they came towards Chester the said Kirks entreated this examinate to go with him to his uncle Robert Kirks… and there not finding him… they drank with his wife and from thence came along to Chester about eleven of the clock in the aforenoon and coming down the Northgate Street they met with Amicent Mainwaring his man and they three went to Mrs Harp’s shop and bought six pence worth of tobacco which this examinate paid for and from thence went to John Phillips’ tavern and there drunk 2 quarts claret wine which this examinate paid 6d and Amicent Mainwaring paid 6d and took some of the tobacco and saith that Amicent Mainwaring who was in the shop when they came thither went with them to the said Phillips’ tavern and afterwards… at 12 of the clock… this examinate and the said Kirks only went to Thomas Robinson’s shop, where the said Kirkes stayed whilst this examinate was a trimming, and about one of the clock they both together went to the Crow, and this examinate himself went into an upper room to the company of Mr Mordant Mr Rithin two Bedfordshire gentlemen the said Kirks staying below in the said house, and after this examinate had stayed there about the space of 2 hours, the said Kirks being absent, during which time they drank in beer 16d which this examinate paid for, and… enquiring for the said Kirks he was told that he was gone, and saith after Mr Mordant was gone out of the room, the said Kirks came up into the chamber to this examinate, Mr Mordant’s man and Mr Ruthin, whereupon perceiving the said Kirks to be this examinate called for a pottle of beer to entertain him in their company which they drunk, and thereupon this examinate… fetched his money out of his pocket and laying it upon the table the said Kirks entreated this examinate that he would not pay and took up the money and put it up in his own pocket and said he would keep until morning for this examinate of which money being laid upon the table this examinate took up a groat before the said Kirks did meddle with it and this examinate demanding his money of the said Kirks the said Kirks offered him all save 7d, which this examinate refused and said he would either have it all or none, the said Kirks said he would keep all, and this examinate [said] it [was] no matter if he did, thereupon taking leave of the company they went both together down the stairs into the court, where this examinate did again demand his said money, whereunto the said Kirks first said he would keep all until morning, but afterwards… all but 12d, which he said he would keep towards his own expenses, and charged this examinate that he had done him wrong that he would not trust him with his money and said that this examinate should answer it before they parted and thereupon this examinate standing by the buttery door and the said Kirks by the entry door the said Kirks went a little backward and put one foot on the door sill in the entry toward the street, and thereupon drew a sword which he carried in a walking staff, and made a thrust at this examinate’s body with the said sword, and he having a sword hanging about his neck… did turn up the said thrust with his sword and scabbard over his head which scarred his forehead, and thereupon this examinate wished the said Kirks to be quiet, who said he would not, and then bade this examinate draw, and did stay until he had drawn, and then this examinate drew his sword being two edged whereupon the said Kirks made again two or three thrusts more at this examinate which this examinate having avoided this examinate did close with the said Kirks whereupon the said Kirks fell down in the entry towards the street and thrust him in the body with the said sword… And saith after that… he this examinate left his sword in the court… and being demanded how long he had been acquainted with the said Kirks, saith that he never knew him before Midsummer last at which time he saw him at Lea… but then entered into no acquaintance with him until he came… to the Lea aforedaid, and saith that during all this time of their falling out in the court, this examinate doth not remember that he saw or heard any person near unto them, but saith that after that he the said Kirks fell down, Mr Brereton came to this examinate and wished that they had found some other place than his house to quarrel in, and afterwards this examinate went out of the said house… down Cow Lane where he was stayed by a man whom he knoweth not.
Examined how Hugh Kirks came by his death saith he knoweth not but by common report he heard that Stephen Cliff now prisoner in the Northgate did kill him, and further saith that he sitting upon his stall near Cow Lane end betwixt 5 and 6 of the clock in the afternoon upon Friday the 10th of this October John Bruton came out of his house at the Sign of the Crow, and called to this examinate stay that man that goeth down the Lane for he hath killed a man, whereupon this examinate did hasten after Steven Cliff who went very fast down the Lane… but that there were many men about him who stayed him and got him down and did carry him by the legs [and] arms before Mr Mayor and Cliff being booted and spurred did with his spurs spur some of them that did stay and carry him before Mr Mayor, and more this examinate cannot depose.
Sworn and examined deposeth and saith that yesterday about 2 of the clock in the afternoon this deponent being in an upper room at the Crow, the former examinate Mr Cliff came unto this deponent pretended some acquaintance with Sir Charles Mordant, did enquire for his brother Mr Edward Mordant whereupon this deponent sent for Mr Mordant, and upon his coming and some salutations between them and drinking a quart or 2 of beer they went both into the room where Mr Mordant was and being there at tables as this deponent thinketh… and within a while after there came up into the said room the party who is now slain and enquired for the said Cliff, and having stayed there some small time the said Mr Mordant and Cliff went into the room whence Mr Mordant and the said Kirks stayed in the room where this deponent was, and the said Kirks and Mr Mordant’s man drunk some beer and took some tobacco, in the said room, and about a quarter of an hour after the said Cliff came into the same room again and called for a quart of beer which being drunk this deponent offered to pay for the same but the said Cliff would by no means suffer him but paid for it himself, afterwards the said Kirks using some speech of… money, the said Cliff took some 7s or thereabouts out of his pocket and did cast upon the table, and told him there was money for him, which the said Kirks did tell and put up in his pocket, and then presently the said Cliff demanded his money again of the said Kirks whereunto he answered that he should not have it then but he should have in the morning, thereupon the said Kirks went down the stairs out of the said Room, and the said Cliff standing in the Room with this deponent and leaning upon his elbow about a quarter of an hour… and said that he himself would go look for him, and thereupon he [left] the room down the stairs in haste after which time this deponent did not see him or the said Kirks until he head that the said Kirks was slain.
Sworn and examined deposeth and saith that yesterday in the afternoon about 3 of the clock this deponent went up into a room at the Crow where the dormer deponent Mr Ruthin lay, where he found the said Mr Ruthin and Mr Cliff and one Robert Maddock drinking some beer together, and whilst they were drinking the said Kirks came into the room and stood with his hat off in his hands, and then the said Cliff bade put on his hat and sit down and said that he knows Kirks, and that Kirks knows him, after which… in a little while after as they were sitting together, the said Kirks said to the said Cliff, well I owe you some 7s which you shall have tomorrow, whereupon the said Cliff said by god you shall give me tonight, and… the said Kirks went down the stairs and this deponent followed him and saw him to go to the street door, and this deponent coming back again met the said Cliff coming after him, and going to the same door to the said Kirks where they used some speech together… and presently after saw both the said parties in the Entry with their weapons drawn and striking one at another very fiercely, but by reason of a great throng of people that came in unto them could not discern the said Kirks was slain neither doth he know which of them did first draw.
Sworn and examined deposeth and saith that she this deponent being in the buttery at the Crow about the time mentioned she saw the said Cliff and Kirks come together on the street near the entry, and the said Kirks coming first in, and saith that they stayed in the entry both together talking one with the other for the space of a quarter of an hour… and as they stood talking together, the said Cliff took the said Kirks’ hat off his head, and put it under his arm, whereupon the said Kirks did draw of his sword and struck at the said Cliff before he the said Cliff had drawn, and thereupon the said Cliff drew his sword and made at the said Kirks, and saith that she saw them thrust one at another, whereupon the said Kirks upon a thrust given him by the said Cliff fell down after which the said Kirks did not speak any words but only that he was slain, whereupon the said Cliff did cast down his sword and went forth out of the house into the street and more saith not.
Sworn and examined deposeth and saith that upon Friday last about 4 of the clock in the afternoon this deponent coming out of the dinner chamber saw the said Cliff and Kirks standing together in the entry door and talking together and saith that the first words that he heard between them was that the said Cliff said he would have it and the said Kirks said he should not have it, whereupon the said Cliff did make a scalp at the said Kirks his hat, and pulled it off his head but why he did which the same he cannot tell, whereupon the said Kirks did drive his sword, and as he struck at him the said Cliff was ready to defend the same with his drawn sword and went backward and after that he put by some… blows and thrusts he made a thrust at the said Kirks and ran him into the body of which thrust he fell down and died… And after that he had fallen he heard somebody bid the said Clive go his way whereupon he did let fall his sword in the court as this deponent thinketh and went his way.