The Sun.
London, England, 1834-11-15 00:00:00

BARSTABLE V. POOLE.

This was an action tried before Mr. Baron BOLLAND at
the lait sittings, Guildhall, for the recovery of 451. on a bill
of exchange, when the Jury returned a verdict for the de-
fendant. _ _ _

Mr. JoHN JERVIS, on Tuesday last, moved for a rule
nisi, for a new trial, on the grounds that the Learned Judge
had misdirected the Jury in his charge, and that their ver-
dict was contrary to evidence.

Mr. Baron BOLLAND, on the case being called on, read
the evidence adduced on the trial.

Mr. BUTT this morning showed cause against the rule.
The rule was made absolute, without costs.

COURT OF BANKRUPTCY, Nov. 14.

BENTLEY, DEAR, AND CO.'s BANKRUPTCY.

A meeting of the creditors under the fiat of this firm was
held to-day, for the further proof of debts, and the passing
of the bankrupts. The room was crowded to excess with
persons who had claims against the estate.
The only business done during the meeting was in taking
proof, and a very large amount of claims was admitted.
Mr. Bentley not having surrended to the fiat was at three
o'clock proclaimed an outlaw in the usual manner. The
bankrupts' extensive stock of silks, cottons, linens, &c., has
been sold since the last meeting of the creditors, and
realized between 34,0001. and 35,000/. The claim of
Messrs: Gumersal for 10,0001. a bill of acceptance, and
that of Mr. Richard Thornton to the same amount, has not
yet been admitted to proof. The bankrupts, Mr. Dear

and Mr. J. J. M. Richardson, were not prepared to pass
their accounts, which are very voluminous, and their final
examination was postponed to the 17th of December. The
first dividend is appointed to be declared on the 11th of
February. The debts due to the estate are considerable,
and have been received with little difficulty up to the pre-
sent time. Nothing is known relative to the movements
of Mr. Bentley. The further proceedings were adjourned
to the 17th of December.

MURDER NEAR AUDLEM, CHESHIRE.

-ea
(From the Chester Courant.).

On Saturday evening last a prisoner was brought -to our
county gaol by the Emerald coach, committed by Lord
Combermere, on a charge of feloniously, wilfully, and of
his malice aforethought, as expressed in the committal,
killing and murdering one Peter Rogerson, by choking,
suffocating, and strangling him, on Friday last; at the town-
,hip of Tittenley, near Shavington Hall, the seat of Lord
Kilmorey. The facts of the case, so far as we have been
able to collect them, and as they are detailed by an intelli-
gent correspondent, appear to be as follow :—About nine
o'clock on Friday morning, the murderer," Patrick M'Gui-
ness, an Irishman, and a stranger in the neighbourhood of
Tittenley, went to the Bank House Farm, the house of a
Mr. Hill; an extensive dealer in cattle, and inquired for the
Lord (Kilmorey) ; he was directed by Mrs. Hill to the
Hall, but he seemed very reluctant to leave the house, and
was consequently asked if he wanted any thing. With-
out making any reply he Went to the kitchen door,
but this a servant girl bolted, and then ran to
the lodge, at the entrance of the park to Adderley
Hall, for assistance. The deceased, who was a servant
man in the employ of Mr. Hill, was at this time milking at
Adderley, about a mile distant from the Bank House
Farm. On his return he was met by a son of Mr. Hill,
who informed him of the suspicious demeanour of the
Irishman, and on arriving at the spot, he requested
M'Gruinness to go away quietly. M'Guiness accordingly
left the premises, and proceeded as far as the lodge, but a
few roods distant, and then suddenly turning back, ran to
the house with great speed, put his shoulder against the
front door with great force, and broke one of the hinges.
He then went to the kitchen door, where he.was met by
the deceased, who again endeavoured to persuade him to
go away, but he sprang upon the deceased, seized him by
the neck-kerchief, .and forced .him against the wail. A
struggle, in consequence 'ensued, ;but• the prisoner re-
tained his grasp until he had strangled his unfortunate
victim, whose dead body he dragged across the fold, and
left it- on a rising bank, opposite to the house. During
Vie commission of this part of the tragedy, Mrs. Hill
and the other inmates (Mr. Hill having left home at an
early hour) ran screaming for assistance, and soon
afterwards four or five individuals hastened thither, and
found the prisoner in the house armed with a fowling-piece
and a cleaver, which he had found on the prmises. As he
manifested a disposition to make use of these deadly
weapons, much caution was observed by the persons assem-
bled ; at length a sawyer, named Evanson, under pretence
of looking into the oven, entered the .house, and coura-
geously seized the murderer. Others also then sprang upon
him, and after a desperate struggle he was secured. It was
with great difficulty, however, that the cleaver was wrested
from his grasp, and not until his hand had been much kicke
and bruised. A few minutes after the prisoner was secured
Lord Kilmorey, came galloping to the spot, and rendered
very prompt assistance. The prisoner was afterwards
taken before Lord Combermere, and after the testimony of
Mrs. Hill and others had been taken, he admitted his guilt,
and was committed to Chester Castle for trial at the next
Assizes.

The unfortunate man who has thus met an untimely
death, has left a widow and several small children to lament
the loss of a kind and affectionate husband and father, to
alleviate whose distress, says our correspondent, the Rev.
W. Currie, of Adderley, has acted as became a man and a
Christian minister. The deceased was a member of a Wes-
leyan Methodist Society, and was highly respected.
The prisoner, Patrick M'Guinness, is thirty-seven years
of age, and of forbidding appearance. He says that he is
a native of Londonderry, in Ireland ; he is a much less
man than was the unfortunate Rogerson, and is dressed
somewhat like an English agricultural labourer. When the
coach on which he was brought to this city passed through
Nantwich, hundreds of anxious spectators were assembled
to see him, and they loudly gave utterance to the feelings
of abhorrence which they entertained towards so guilty a
man ; but, nothing daunted, the hardened criminal retorted
a shout of defiance as the coach drove away. On his
arrival within the walls of the castle, as is customary, he
was taken to the bath and stripped, when something was
discovered suspended round his neck ; this, of course, the
turnkey insisted upon seeing, and on its being taken by force
from his person, and opened, it was foend to be a " charm"
consisting of a piece of paper, on which were written the
first fourteen verses of the Ist. chapter of St. John's
Gospel. M‘Guinness is a catholic, and refuted to remain
in the castle chapel on Sunday, and for his rude behaviour
he has been put into solitary. confinement. It is highly
probable that his intellects are deranged, although thos..!
who have had opportunitios of seeing him are of a contrary
opinion.
The name of M‘Guinness is not new in the list of ma-
lefactors in this sounty, an Irishman of that name havin,,
been executed here* some years since for shooting Mr. Birch,°
of Stockport.

ARTS AND SCIENCES.