The Sun.
London, England, 1852-05-22 00:00:00

MARKET NEWS.-(THIS DAY.)

COVENT GARDEN.
Very large supplies of Vegetables were on sale to-day.
A good businesq was doing, yet prices had a downward ten-
dency, except those of Potatoes. The demand for Fruit Was
inactive.

FRUIL—Pine Apples, CS Od to Os 0(1; Hot-house Grapes,
10s Od to 15s Cd per lb; Apples, 2s 0(1 to 3s 6d per bushel;
Strawberries, 6d to 10d per oz. ; Cob Nuts, 1005 Od per
100113 s. • Lemons, la td to 2s Od per dozen; Oranges, 4s Od
to 12s lid per 100.
VEGETABLES.—Rhnbarb, 2d to 8d ; Horse- radish, is to 4s ;
Asparagus, is 6d to 6s per bundle; Mushrooms, 8d to is per
pottle ; Parsley, 2s per dozen bunches; Spinach, is to is 6d
per sieve; Greens, 2s 3d to 3s 3d per dozen bunches; French
Beans, 9d to is 6(1 per 100; Cabbages, Sd to is 3d; Red
Beet, is to 18 6d per dozen ; Turnips, 2s 6d to 33 3d ; Car-
rots, 3s to 6s per dozen bunches ; Potatoes, 80s to 145 s per
ton ; Shallots, 81 to 10d-per lb ; Onions, 2d to 4d per bunch ;
Celery, 6d to Is 6d per bundle; Radishes, 4d to 8d per dozen
hands; Cauliflowers, ld to 4d each ; Seakael, 9d to is 9d per
basket; Endive, 9d to is 3d per score; Cucumbers, 6d to
2s each.

NEVJGATE AND IMILDENICAZZ.
Ducks, is 6d to 3s Od; Tame Rabbits, 15 4d to is 9d;
Pigeons, 5d to 7d each ; Surrey Fowls, 75 Od to 83 6d ; ditto
Chickens, 5s Od to to 6d ; Barn-door Fowls, 3s 6d to 6s Od
per couple; English Eggs, 6s 3d to 7s Od ; French ditto,
5s 9d to 6s 3d per 120; Fresh Butter, 9d to 15 ld per lb.

NISWPORT.
Beef, from 2s 6d to 3s 4d; Mutton, 2s 8d to 3s 10d;
Lamb, 4s 4d to 5s 2d; Veal, 38 4d to 4s 2d; and Pork, 3s Od
to 3s 8d per 81bs.

WIEXTECHAPEIL.
Beef, from 2s 2d to 3s 2d ; Mutton, 2s Gd to 3s 8d ;
Lamb, 48 2d to 5s 2d; Veal, 38 2d to 433 2d; and Pork, 23 Gd
to 33 6d per Sibs.
_ EriaaNcisGAlVE.

Eels, 4d to 10d ;73oresT3cl to is 8d per pair • Lobsters,
4d to is 6d each ; Cod Fish, is 6d to 3s Od each% Turbots,
5s Od to 12s Od each ; Plaice, is 6d to is 8d per 20; Salmon,
is 6d to is 8d per lb; Mackarel, 4d to 7d each; Crimped
Scate, 6d to 8d per lb.

BREAD.
The prices of Wheaten Bread in the metropolis are from
61/2d to 7d; of Household ditto, 5d to 6d per 41b loaf.

HIDE 21111.1IMET;

Market Hides, 561 b to 641 b, lid to Od; ditto, 641 b to 721 b
lid to 2d; ditto, 721 b to 801 b, 2d to 2id ; ditto, SOlb to
881 b, 2id to lid ; ditto, 881 b to 961 b, lid to 3d; ditto, 961 b to
1041 b, 3d to 3-id ; ditto, 1041 b to 1121 b, Od to Od. Call
Skins, light, is Od to 2s 6d; ditto, full, 43 6d to Os 03 ;
Horn Hides, 53 03 to 03 Od; Polled Sheep, 6s Od to 7s 3d;
Sents,6s Od to 7s 3d; Halt-breeds, 5s 6d to 6s 6d; Downs,
4s 3d to 5s 6d; Shearlings lld to Is; Lamb Skins, is 8d to
2s 9d each.

SmrrmiTELD.-181eadow Hay, 3/ 1O Od to 41 83 Od ; Clover
ditto, 31 12s to 4/ 16s Od ; and Straw, 114 s to 1/ 10s per load.
A fair average supply, and a sluggish demand.
Cumßattuum—rdeadow Hay, 3110 s to 41 lOs Od ; Clover
ditto, 31 lOs to 4/ 15s; and Straw, 1/ 5s to 11 lls per load.
Supply moderate, and trade tolerably firm.
WnrrucilArat..—Meadow Hay, 3/ 8s to 41 8s Od ; Clover
ditto, 3/ 123 to 41 17s; and Straw, 114 s to 1/ lOs per loau.
Trade rather dull.

CHANCERY.--(TIIIS DAY.)
T II E RIVAL
wLhuixe which
rity OPERA.wvi
1.l
w_hoA
Grremembered
mElte HOUSES.
m.
tioTnhwisascamsea'dienp.erpetual on the 10th of
bemready
latinstinbjyunthce-
Vice-Chancellor Porker, mine before the Court this
morning on a motion to discharge the injunction.
Mr. BETUELL said he appeared in this case on behalf
of Mademoiselle Johanna Wagner and Mr. Gye, to ask
the Court to discharge the order granted by Vice-Chan-
cellor Parker. He hed thought it right to have this ecee
brought before his Lordship's personal notice, becauSe
he had considered that the order of Vice-Chancellor
Parker was calculated very considerably to enlarge the
jurisdiction of this -court—far indeed beyond that white
it had ever yet exercised. The Learned Counsel then
proceeded to enter into a detail of the circumstances,
iu which, as the case has been so recently
and so fully laid before our readers, wo
do not think it requisite to follow him—
treeing the first" meeting of the plaintiff and Madlle.
Wagner, followed by the engagement negotiated by Dr.
Bucher, without the prohibitory article, which was after-
wards added by Bucher, without the consent of the'Wag-
ners, and touching upon the disputed question as to whe-
ther the Wagners had or had not by their subsequent
letters acquiesced in . this agreement. Ho first
proposed to consider whether this was a cane to which
the jurisdiction of this court could be at all applied,
and next proceeded to show that this agreement was ob-
tained by the unfair representations of Dr. Bucher.
There was also a third paint, which was very important
in the case—that of the non-payment of the caution
money.
The LORD CHANCELLOR—It was represented to me
that this was a case to be ergupd on the question of the
jurisdiction of the court, but it appears to me, Mr.
Bethell, that you aro going into the whole circumstances
of the case.
Mr. BETHELL—Certainly, my Lord; the question of
jurisdiction is a very important part of our case, but by
no moans the only point on which we have to rely,
The LORD CHANCELLOR.—IIad it not been repre-
sented to me that the case was to be argued on the ques.
tien of j urisdietion. I certainly should not have consented
to take it. I Ai e uhltdbt
ehe
eeprcrteaasini
sure
h i
might
t itbbuleseieinnetsist
lteuodpla(tloalre its usual
ptrhioeriLtyoridn
acourse;nyo
Chancellort h etbrfor though
t ik's o court,usgo great in the House of Lorodfs,it.sthusautal
should not have felt it right to take it
out
Mr. BETHELL said he was sorry that such repro-
course..
sentations had becunerema
sheonnt.evteor,
twhheichquebsetioncoouildjurinsdoiteticorol;tr:heiro
theta certainly LIS Lordship; but
parts. of the case
coming within the hgievethollupg.ht Onhe
could show that this w
e c t l y owrbiienhdirtehai.tsly as it met© . • 1
persona. matter, not
rangecourt
of those contracts or agree-
mentsourt took upon itself to enforce di-
oblique movement and that it was not becoming, nor
in ac3ordance
/now an wl.th the genius of this court, to
order which was directed • by all
which it h
.1 no to compel a certain thing
pow::r to compel directly.
The Learned Counsela‘ then proceeded to cite the differ-
ent_ cases—Martin v. 'Napkins, before Lord Macclesfield;
Barret v. Bhtgrove, before Lord Roselyn; Collinson v.
Plum, before Lord Lyedhurst; Morris, Coleman, and
Clank, v. Price, before Lord Eldon-.-from all of • which
ha argued it wee evident that the doctrine of this court
in cases of these kinds was not to interfere on a part of
an agreement when the whole was not a matter coming
in any cue. to compel indirectly
under the jurisdiction of the coutrht,atattsli nchotittocionutledrtneuret,
compel directly.
Trio LORD CHANCELLOR—Lord Eldon certainly got
over any scruple which he might have had of this na-
ture, for in the case of the Glamorgaushire Canal Com-
pany
ho made an indirect order, by which be prohibited
ever, usually
the company from mainatca,Linligy thteGiordw,eirblcusiineotnihpeocioirn,a-
dition in which they
them immediately to set to work to alter their works.
Mr. BETHELL—C,rtainly that was a strong exercise
implied . negative , prohibition, and if
ciitiletehilifa6drweonuooldut
the practice title;ourct.ourltt wnoatshirtmboo:
of the power of the
the' prohibitor),
jurisdiction to
peroemvepleilt
tshieieienififccat:,pteiorn
of
settled , t
it generally ancillary
I)Zatnisnet,ebrufetrwe ot ci:l ,I leave the watt" to be
to the
wiles notdii competent fur •
com-
mon law. Tee injunction was
performance,thspeeeCfite,arttOttse it in this case. Case
the Court would invade the 6:iunclueriesL seto uthpinbky'tohuart
law between the ititiedietion of our courts of law and ,

equity, or seek to take away partially froin the
cur of law the considon:tion of ' this con-
tract, or intk.,rfore to compel the L,penific peiformance
of a pin of the contract, chile it confessA itself ur-
equal to compel the rest, and thus leave the agreement
in, a mutilated state, still to be the subject of contention
in a court of law. The Learned Counsel
then reverted to the non-payment of the caution-
money. The latest time fixed for the payment
of 300/. was the 22d of April, bat Mr. Li:inlay's own
case was, that it was not actually tendered before the
2d of April. Oa this arose the question, whether tho
contract was to be considered valid under the Prus-
sian or the English law. Here, it must be
remarked, that there was a part of the con-
tract which was to be performed iu Prussia--
the lex loci contractus came in force here both as to the
making and the performance of the contract, and he
thought it Wtl3 perieotly evident that this part of the
contract would have to be judged of by the Prussian law,
and ...‘n that point they had proofs that according to 1,10
Prussian law the money ought to have been paid first,in
order to give Mr. Lumley a claim to the performance of
the rest of the contract.

Tne LORD CHANCELLOR-1)0 yea not think, Mr.
Bothell, that the lady, waiving the time for the com-
mencement of her engagement, also waived the time for
the payment of the money? After Mr. Lumley bad
waived the time of the commencement of the engage-
ment, was Miss Wagner in a condition to fix the day
definitely on which the money was to be paid-without
arrangement?

Mr. BETHELL said he thought she was—at any rate,
whether she had or not, Mr. Lumley had acquiesced by
his letter in this arrangement.
The LORD CHANCELLOR—Does it appear that the
Wagners complained of the non-payment of the money
at the time stipulated?
Mr. BETHELL—I do not know that It does, my Lad*
The LORD CHANCELLOR—In the answer of M. Wagner
to Mr. Lunatey's letter granting the request for the post.:
ponement of the time for opening the engagement, not
a word is said about the money; and don't you think,
it was incumbent on tee Wagners, who had just received
a favour from Mr. Lumley, to acquaint him of the a"
gleet of his agent to pay the money?
Ur. BETHELL said he did not think there was any
obligation of his clients, either moral or equitable, t°
give that notice. . .
[The case was proceeding when our report left.]

QUEEN'S BENCH.—(THIS
This being tha firpt day of Trinity Term, the Lora
Chief Justice, attended by Mr. Justice Coleridge, -or'
Justice Erle, and Mr. Justice Crompton took bis seal
on the Bench shortly alter ten o'clock. ,
Lord CAMPBELL went " through" the bar, but 10
motions were made which were ot sufficient interest to
justify a report. The Court afterwards proceeded Wit°
the special paper.

BAIL COURT,—(THIS DAY.)
Mr. Justice Wigli'man sat for a few minutes in the'
Bail Court, and ciizposeci of several motions relating to
technical points of practice.

EXCHEQUER.-(THIS DAY.)

IVALLL.NGTO:"; V. DALE.

The CHIEF BARON, in delivering judgment, said this was
a motion for a new trial to enter the verdict for the defendant
on three issues, or to arrest the judgment. The motion for a
new trial was made on three grounds—first, that the verdict,
was against the evidence; secondly, that the Learned Judge.
misdirected the jury; and lastly, on affidavits strongly sup-
porting the testimony of a witness for the defendant named
John Cox, to whom the jury did not give credit, but Whose
evidence, if true, would undoubtedly have entitled the de-
fendant to a verdict. Tile case was tried before Mr. Baron
Alderson, at the sittings in London after last Trinity term;
The motion was made in Michaelmas term, and was arzeet`'
on the 20th and 22d of January last. As to the verdict
being against the evidence, Mr. Baron Alderson was not die
satisfied with the finding f the jury, which was objected to
chiefly on two grounds—viz, that the defendant did not'in-
fringe the patent, and, secondly, that the jury ought to have
believed the witness Cox, according to whose testimony the
plaintiff's method had been publicly introduced is Scotian
long before he obtained a patent. It appeared. to tr:
Court, without entering minutely into the merits of .
invention, that the plaintiff's process was substantiallyinevr,
and different from any other described in the various specs''
fications or processes which had been disclosed in evidence,
including the account given by Cox. It was entirely a ques-
tion for the jury whether the shreds and cuttings used I„i•Y
the defendant, which were certainly not so small as those raged'
by the plaintiff, constituted an infringement of the. Pate...nt:.
With respect to the statement of Cox, the Court, coniiderwe
the nature of his patent and all the evidence he gave, were'
not surprised that the jury did not place sufficient confidence
in his testimony to found their verdict upon it. The Court
also thought the case had been properly left by the Learned
Judge to the jury. The affidavits went to show that the
evidence of Cox was perfectly true. That mightform 500
ground for asking for a new trial on the payment of Cost*
but the present proceeding was not final and conchiaiver
being still open to the defendant to discuss the validity
~o'
the patent by means of a scire facias, when 'bow
parties would have an opportunity of adducing
additional evidence. The Court were therefore
of opinion that no new trial ought to be granted, but that it,
should be left to the defendant, if so advised, to avail hirnee
of a scire facias. The rule would therefore be discharged-_,
ROTHSCHILD V. THE ROYAL MAIL STEAM PACKET COMPA,""

It will be recollected that this action wasl7roiTightto re-
cover the value of some boxes of gold-dust which had ,been'
lost on the South-Western Railway.
The CiaiEr BARON said the Court were unanimously 0(00'
nion that the direction given at the trial should have be
favour of the plaintiff, not of the defendants. If the pirti'"'.
quiesced in that view the Court would proceed to give Jeff:
ment, and the verdict would be entered for the plaintiff. ;
this way there would be an and of the matter • but irtbe Pt;
ties intended to have a bill of exceptions in order to have 1": i
case decided by a superior tribunal, they should have the bu,
prepared at once, and when it was handed into court, they
Lordships would give their judgment, which would be tin
mously in favour of the plaintiti". •

THE NETHERLANDS LAND ENCLOSURE COMPOIra:
—lt will be perceived, from an advertisement in another
of our paper. that the last day for receiving applications.l(?`o
.shares in this company closes on Saturday, May 29.. 4.v
or
strongly advise such of our readers as are looking 04.„'
good investments to examine this project carefully.
and practical
ltodisreacytimono,rtehoafntthhea ht itghheyly
oiffnefliunenstniare guaranteel,weait•)
to the shareholders that they are safe in entrusting their in"
terests to their care, who have themselves acted under
cal
guidance and upon the reports of the most emirent practi
engineers of both countries, and based their prospectus 0 ,
suc sure and certain information as. leaves no douht,,llue
only of the feasibility of the project, but of the realisation of
anticipated remunerative returns.
A company, under the name of the British Sperm
Candle Candle Company, has been established in the City with
capital of 100,0001., to be increased to 200,000/., for t_l. re'ss
pose of manufacturing a new candle of extreme wi-ilLe"the
and semi-transparent (the same as those exhibited in
Great Exhibition), which attracted so much notice untbda",
the name of " Exhibition Sperm." It seelusmanu- •
a very large quantity of these candles, d „id
factored at Paris, have been imported
here and in the colonies, and although paylog3j:ll.ttOtal
duty and charges, amounting to more than 20 the
the cost, yet produced a large profit. This demand, and
report of the Commission pour l'Encouragement de l'ln
t't Of
in Paris of the invention producing a larger Van
stearine, has warranted the formation of the company,
and
the calculation of advantages to the shareeshotihde
being very large. By the action of certain tatirriar stosrmed into a
com-
monest and most refuse fatty
matter is
the candles are made.
semi-transparent substance, of
w in this country, and
The large amount of candiesconsumed_calculated to be in amount
exported to the colonies,m per cennd
millions sterling per annum, shows
between two and three
TELEGRAPH BETWEEN THE CoAsTS
OF HoLLAND ANDr
ENGLAND.-0a the 11th inst. the Dutch
Government granted an
sanull3pl3eyA fieldni faenterprise a.ndr:a3p.sisteal in
dausthaiscdoinrcecestsioionn.
for
the establishment of a submarine telegraph between the .
coasts of Holland and England. Mr. ltuyssenaers is now
engaged in forming in London a company for carrying out
the above object. Inasmuch as the projected submarine
line will render our telegraphic communication with the
(cnoorthtoii
ennieli3n,
war,t
oni
Cdooernp
lemontieihreecnrita
contingencies,
oobnf
but
ittnlgpt
against us), the present undertaking is of high importaiace,
the favour both of Parliament and the Exchange. •I'""
Dutch and Prussian Governments take a lively interest in its
success;
and we doubt not our monied men will lend their
co-operation. may
grounds, anyand'l day
meritsclno •
iirecesan'lchand Belgian
lines

Dr. Andrew Ploomer, of Brighton, who some time
since deserted hi,, wife and four children, and eloped with the
daughter cf a respectable riding-master in that town, taking
with him a large sum of money entrusted to his keeping hY.
a friend, has been arrested in New York.
ROYAL PRZSENT.—IIia Majesty the King of the
Belgians has forwarded to this country a package containing
an arm-chair, of considerable value and massive workman-
as a present to her Majesty Marie Amelia, the ex-Queer
of the French. 'The package, which has arrived at Dover
from Ostend, has been dispatched to London, and, delivered
to the illustrious lady at Claremont.
EMIGRATION TO AUSTnALIA.—A meeting of too'
Chants, traders, and others connected -with the Australian
colonies was held on Thursday at the George and Vulture
Tavern, for the purpose of adopting such measures as are hot
of labour, as the only means of averting the
ruin
threatens the agricultural interests in thol
ruin
lcuwl
adequateaht ei
ht o
nowpromote emigration, and secure. to Australia an
supply
colonies. Several resolutions to carry out the objects propov"
were unanimously adopted.

A KENTUCKIAN DIFFICULTY.--At Danville, Ken'
tucks, two brothers, named Shelby, and F. Cowan had $ ,
bloody recontre about a youtlg lady, sister of the Shellsys•
Cowan was charged witli sending her an anonymous letter.
Mating in the streets, pistols were drawn, and Shelby fired
first. Cowan had three single-barrelled pistols. Shelby
f
fired all his barrels, one taking effect in the flashy part of
Cowan's thigh. The third fire from Cowan took effect on
Shelby, the ball passing in on one side of his neck and out
on the other, lodging in his shirt. Shelby staggered into a
store where his brother Alfred was, and fell.
then seized a bowie knife, advanced on Cowan, 'arnhe and threw
it at him without effect. Cowan then
pursued Alfred with
a bowie-knife, in hand, when several persons interfered, and no further barns was done.—Cincinnati Inquirer. ,
latter

BINT.HB.
01? A SON.
On the 17th inst., a t Studharn•lodge, Herts, the wire or
Jaa!es Litiis Atty.
On the 20th inst., W 1 Essex, C. C 1320.1'•_
oc, or( ,

•
1~L.4.11R1E D..
Oa the 19th inst., at Bildeston. Suffolk, Captain James
Cockburn, R.N., to Harriot EonEy, only claugh.er of the
key. Joseph Gedge, rector of Bildequn.