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It was generally said and reported by the country people thereabout, when he lived in the country, that his wife (the party producent) did convey five or six pounds in money from him, and hid it in a barrel of drink.
That for five or six years last past the defendant's behaviour to his wife has been very morose and cruel, and she has many times wanted such meat and drink both for herself and children... the defendant persisting in his cruelty to his wife, about two years ago and more put his said wife (as she told this deponent) out of the doors and made her stay out all night... she hath seen her daughter many a time carry black and blue flesh and be so scratched on her arms, and she complained to this deponent, and told her it was her husband that had done it... that one day when he lived in the country which was about two or three miles from Davenham, the defendant came to this deponent's house and found them at dinner and a child of his at dinner, and giving of them very foul and uncivil words, he suddenly snatched away the child and took it with him to the alehouse, but after a little while one of the maids who used to attend that child, went after him, and fetched the child again, and afterwards that day he came again to the house, and in and in a very great passion fell a swearing and cursing grievously, and called this deponent's husband an old knave and rogue, and telling him he cared not a fart for him, clapped his hand on his breeches, and bid him kiss his arse, then this deponent called her son to take him out of the room, upon which he called her this deponent an ugly bursen belly debauched witch, and then with grievous oaths swore that he would have her (meaning his wife's) heart's blood, and would leaver her never a whole bone in her skin.
That Mr Touchet and his wife came to live in part of this deponent's house in the Bridge Street Chester about midsummer time, but in what year of our Lord this deponent doth not now remember, and she bore a child unto him there in that time, and lived with him there for about twelve months... that one day about midsummer whilst they lived in this deponent's house the complainant Mrs Touchet came into this deponent's house, and her husband came presently after her, and when they first came in this deponent did not perceive that there was any difference or discontent between them, which this deponent was very glad to see, and fetched a cup of beer and drunk unto him, and he took it and drunk to her, then she said to him again if you drink to me do not throw it in my face, upon which he presently fell into a great passion, and before they parted he called her a whore, and asked her where she had been all day since morning, and she told him she first went to the house of office, and then into the Row, and then into the street, and then to her cousin Golborne's... And this deponent never see now was a witness to any misbehaviour or discontent between them same as above.
That the arlate Thomas Touchet is this deponent's brother, and after his marriage, and that he kept house, this deponent did table with them for something about two years since... and sometimes when he has been abroad and come home let she has gone to bed betimes without him, or when she has been up, she would not be got to look pleasantly at him, and one time this deponent and a maidservant that was in the house would never have persuaded her and hired her that when he came in so next, she would look pleasantly at him and take him about the neck and kiss him, and say welcome home love, and then try what humour he would be in, but she said no, she would not do it for never so much, neither could they prevail with her so to do... not long before this deponent came from tabling with her brother the plaintiff... took a purse of money out of his pocket one night when he said he was in bed, and she got up pretending to fetch some drink for the child that cried, and afterwards it appeared that she had hid it first in a barrel of drink, and afterwards in a false roof where it was found. And the next morning after the money was gone out of his pocket when he rose and missed it called his family and examined every one of them, and both she herself and the whole family denied it, upon which, being much troubled in his mind about it, he procured a warrant from Sir Jeffrey Shakerley for some persons that he had been drinking in the company of the night before, and brought them before Sir Jeffrey and had them examined, and they all of them denied the thing, and desired him to go home again and examine his family strictly and particularly his wife for that (as they said) they heard that she used sometimes to serve him so.
That though he be brother to the party producent, yet hath not he been much in company with her and her husband together, and he never see nor observed anything in her behaviour towards him, when this deponent was at any time in their company, but what was civil, and becoming a wife to her husband... He hath sometimes seen the defendant when he has been in drink, and come to his wife, that he has not looked pleasantly on her and perhaps given her some cross words but such as was not worth remembering or anyone's taking notice of, but for anything of severity that he used to her he knows nothing.