The Sun.
London, England, 1841-01-12 00:00:00

THE FUNDS.

The British market is heavy this morning. Consols,
which left off yesterday at 894 I for the Account, have re-
ceded to 891 ; Reduced, 891 i; Exchequer Bills, 9
11 prem. ; Bank Stock, 1631 164 k; India Stock, 245 247.
In the Foreign Market Spanish Active is also heavy,
left off at 244 at present may be quoted 24i ; Pas-
sive, 6k ; Deferred, 121 ; Portuguese same as they
left off, 314 32; Three por Cents., 191 to,-}; Bra-
zilian, 70i ; Colombian, 231 24 ; Mexican, 28} 29 ;
Dutch Two-and-a-Half per Cents. 601 # ; Five per
Cents. 984 4.
SHARES.—Great Western, 28 29 prem. ; New, 13 14
prem. ; London and Brighton, 64 a dis. ; Blaekwall,
41 dis. ; Birmingham, 83 85 prem. ; Southampton,
57 584- per share ; Croydon, 124 a per share ; Greenwich.
8 9 per share; Manchester and Birmingham, 15 13 dis. ;
South-Eastern and Dover, 14i 14 dis.

HALF-PAST ONE.
FROM TEXAF..--.The New Orleans Papers of the 30th
of November and the Ist inst., brings us the details of a
most remarkable piece of treachery and meditated cruelty :
The first accounts that reached New Orleans were of
the 30th ult., that on the 23d of October the Texians
bad been handed over by Molano to Montego, and all shot
to death by five times their own number, after a desperate
resistance; but, on December 1, further advices were re-
ceived at New Orleans, brought by a passenger from San
Antonio, which gave a very different account of the matter.
This gentleman, a Mr. Dwyer, on his way from San An-
tonio to Hudson, fell in with Col. Jordan, the commander
of the betrayed Texians, and learnt from him, that
on discovering the treachery of their Federalist
allies, the Texians withdrew to a walled enclosure
in the vicinity, determined to face the worst.
At this time the citizens of Saltillo, considering the
cholera at an end, opened their houses and shops and gave
the soldiers whatever they wished to eat and drink. The
consequence was that most of them got drunk, and in this
situation were ordered by their Commander to attack the
Texians. The battle commenced abeut two r.x., and
lasted nearly nine hours. The Texians were well protected
from their assailants, well armed, and abundantly supplied
with ammunition. The result was that the intoxicated
incapable of inflicting injury, were slaughtered or: all
hands. At this juncture the besieged sallied forth and
captured three pieces of cannon, which they turned upon
the enemy, and mowed them down like grass. More than
four hundred of the treacherous foes were left lifeless on
the ground.
Consols continue heavy, and may be quoted at present
89f for the 15th inst., which is settling day in Consols.
Their heaviness it is supposed, is owing to the put and
calls which take place on the above day. Reduced, 89i,
also lower ; Exchequer Bills, 9 11 ; Bank Stock, 165 ;
India Stock, 248 ; India Bonds, 5 8 discount.

In the Foreign Market little doing. Spanish Active,
241; Portuguese 32 ; Three per Cents., 20i ; Brazilian,
70*; Dutch Two•and-a-Half por Cents. 50k; New
Loan, 96i.
In Shares scarce anything doing. Birmingham and
Gloucester, 85 ; Eastern Counties„ 9 ; Great Western,
93 ; Ditto, New, 63 ; London and Brighton, 43i ; Lon-
don and Birmingham, 172 ; London and Croydon, 14.
CLOSING PRICES.
BRITISH FUNDS.

Bank Stock
3 per Cent. Red 894 Ditto Bonds
3 per Cent Cons ...... .. 89# Ditto Old Annuities —
3/f per Cent Red........ 988 Ditto New Annuities...
New 38 per Cent .. ... 97i Ex. Bills, 1,000/....2*d 9pm
New 5 per Cent ... ...... Ditto 500/ 9pm
Long Annuities to expire Ditto Small l2 pm
Jan. 1860 l3 Bank Stock for Acct ...
Oct 1859 l2 15-16 India Stock for Acct ... -
Jan. 1860
FOREIGN FUNDS.
A ustrian, 5 per cent... 108* Portuguese, 5 per cent.
Belgian, 5 per cent Ditto, New Ditto— 318
Brazilian Bonds ... ..
BuenosAyres, 6 per cent Russian' 5 per cent....
Chilian, 6 per cent
Colombian, 6 percent... Spanish, 5 per cent 24*
Ditto, 1824 24 Ditto, Deferred
Danish, 3 per cent..... French,s per cent... —f. _c.
Greek, 1825, spercent. Exchange
Mexican, 5 per cent.... 24 French,3 per cent —fi —c.
Ditto, 6 per cent, 1825. Dutch, 2i per cent soi
Peruvian,lB2s,6 per ct. Ditto, 5 per cent.....
SHARES.
Birmingham and Gloucester Railway (100 p) 85
Bristol and Exeter (60 paid)
Eastern Counties Railway (23 paid) „. a
Great Western Railway (65 paid) 92
Ditto New Shares (50 paid) .... .. ... 63
Ditto Fifths ( 4 paid) lo*
Gosport Junction Railway (35 pd)
London and Brighton Railway (50 paid)
London and Birmingham Railway (90 pd) 172
London and Croydon Railway (Tritnk)turii 12i

CHANCERY COURT-(THIS DA Y.)

CAMPBELL V. GARLY.

The Loup CHANCELLOR. was occupied the entire day
with the further arguments of Counsel in this part heard
case.

VICE-CHANCERY.-(THIS DAY.)

His Honour the VICE- CHANCELLOR, heard petitions.

ROLL'S COURT.-(THIS DAY.)

CAUTION TO LETTER-WRITER!.

The MASTER of the ROLLS on coming into Court this
morning, stated that a letter had been written and sent to
him by a party in a cause now standing for judg-
ment. His Lordship handed the letter to Mr.
Tierney, who had been one of tile opposing
Counsel to the letter-writer, with permission, if he
thought proper, after reading it, to send it to his
clients; and added, that the writer was evidently aware
that in writing to a Judge he was guilty of a very gross
contempt of Court, for it was anonymous, and manifestly
written in a feigned hand. Such conduct was
.highly
improper'; were the party before him he should have very
little hesitation in committing him to the Fleet.
Mr. TIERNEY, after reading the letter, obtained his
Lordship's permission to destroy the letter, and imme-
diately tore it up.
The MASTER of the RoLL.y then disposed of the unop-
posed petitions, and afterwards heard motions.

QUEEN'S BEN CH.-(THIS DAY.)

(Sittings in Banco.)
ROTHSCHILD V. CURRIE.

Lord DENNIAIt/ gave judgment in this case, which was an
action upon a bill of exchange, drawn in England in fa-
vour of a mercantile house in Paris, and payable there.
The bill was endorsed by the defendant to the plaintiff,
who remitted it to Paris for payment there. It was a bill
at three months' date, which expired on the 30th of April,and
there being no days of grace at Paris, and the 30th falling on
a Sunday, the bill became due on the 29th, on which day
it was presented and dishonoured. By the French law
the bill was to be protested on the day it was dishonoured,
and by the 176th section of the " Code de Commerce,"
the notary was bound to make an exact copy of the protest,
and to have it registered the following day. The Ist of
May, the first day on which the registration could be made,
was thefete du Rot:, and the office was closed, iu conse-
quence of that and the pressure en the following day,
the notary was unable to complete the protest and re-
gistration till after the post hour on the 2d.
The notice was rent by post on the 3d to
England, and reached it on the sth, the same
day on which it would have reached the defendant if he had
I,,!en entitled to three days' grace. The question was
whether the notice of dishonour was in time under these
circumstances, In the first place, it was left to the Court
to decide whether, on the assumption that the French law
should prevail, due diligence had been used, and upon that
point the opinion of the Court was in favour of the plaintiff,
the delay being attributable to circumstances over which
the notary had no control. It was assumed in the course
of the argument that the registration should have been
made before notice of dishonour could be regularly given,
but there did not appear to the Court any necessary con-
nection between the registration and notice. The second
point was, whether the notification of the dishonour was a
part and parcel of the contract, or merely an incidental
matter. The bill being made payable in France, although
drawn in England, must be taken to be a foreign bill, and
viewing it in that light, the Court was of opinion that ac-
cording to the French law the notification of dishonour was a
part of the contract, and that was according to the opinion
of a learned French writer, who says that " the law of the
place where the bill is made payable must be followed, and
the contract must be regulated by the law and usages of
the place to which the contracting parties must be con-
sidered to have submitted themselves." Upon principle,
therefore, and that authority, the Court WAS of opinion that
the French law regulated the time of giving notice of the
dishonour, and as notice was given in due tinie of that dis-
honour, the judgment of the Court must be for the plaintiff.

BAIL COURT.-(THIS DAY.)

(Before Mr. jusTiot WILLIAms.)
THE QUEEN V. WALLACE AND ANOTHER.

Mr. Jert.ie applied on behalf of Patrick Shaw Stewart
Wallace and Michael Shaw Stewart Wallace for a rule
to show cause why they should not be brought up by
habeas corpus and discharged from the custody in which
they were at present, or admitted to bail, or dealt with
according to law in such manner as the Court might
direct, and also for a certiorari to remove the proceedings
into this Court. The parties making the application had
been taken into custody, together with another person
named Stott, on suspicion of having wilfully caused the
loss of the ship Dryad for the purpose of defrauding
various Insurance Companies. On the 29th November,
Patrick Shaw Stewart Wallace and James Stott were
taken to the Mansion-house, end on that occasion the
only evidence offered was, that Stott had effected aninsu-
rance upon certain goods stated to have been shipped on
board the ship Dryad, for St. Jago de Cuba ; that the
Dryad had been lost, and that Stott had received the in-
surance for the Wallaces as for a total loss, on giving security
to repay any amount of salvage that might have appeared
to have been made. On that occasion a witness had
stated that he had reason to suspect that he should be able
to bring forward evidence to show that no such goods as
those on which the insurances had been effected had been
shipped on board the Dryad ; and on this evidence, which
did not at all affect Wallace, the parties were remanded
for a week. Bail had been offered for Wallace and re-
fused. The next time they were brought up, a witness
named Kelly, who was on board the Dryad, said that he
believed that tie Captain had determined to lose the ship,
because two days after they had put to sea, he bad put
two tackles into the long-boat, and this was the whole of
the evidence that had been produced to show that there
had been any wilful losing of the ship; arid the Magis-
trate refused to allow this witness to be asked if
he had ever been in custody. They were then
again remanded, and bail was again refused. They were
remanded at various subsequent times until the 2d of
January, when they were again brought up and Stott dis-
charged upon the application of the Counsel for the pro-
secution. Application was made to the Magistrate to
admit the \Vallaces to bail, when Mr. Clarkson, the
Counsel for the prosecution, said that he had evidence to
produce if the Magistrate was not satisfied, but that it
would take five or six days to go into. The Magistrate
stated he was perfectly satisfied, and that he should re-
mand the Wallaces to the 29th of January. Thus had
these persons been remanded over three sessions of the
Central Criminal Court, and now a fourth must elapse
before they could be tried. They were kept in prison
without any commitment, and, he spoke advisedly, with-
out any evidence to warrant a commitment—on a speou-
lative fishing for evidence—on the bare assertion of the
counsel for the prosecution that it was probable he might
procure evidence. The reason of the last remand was an
amusing one; it was because a witness stated that he had
heard of a boy at Liverpool who had heard of a relative of
his who had been on board the Dryad at the time
she was lost. The only evidence given to warrant a remand
of two days, was the assertion of the counsel for
the prosection that he had received information of a seaman
belonging to the Dryad, being on board one of her Ma-
jesty's ships, and that application bad been made to have
him brought home. The object of these preliminary in-
vestigations before Magistrates, was to enable parties to
have a general notion of the case to be brought against
them, i« order to be prepared to meet it, but in this case
the evidence which, it appeared, would take five or six
days to go into, was purposely kept back, so that the parties
would be committed to take their trial at the end of the
month without having any idea of the case they should
be called on to meet. Was it not altogether a speculation
to seek to intimidate these parties to obtain money from
them. A more curious jumble than the depositions in this
case had never been seen—the assertions of Counsel, the
statement of witnesses on different occasions, before different
Magistrates, and the observations of the Magistrates were
all jumbled together in the most extraordinary manner,
while all the importants parts of the evidence were left in
blank. He wished to draw his Lordship's particular at-
tention to these depositions, as he was convinced that
without ocular demonstration no sober-minded person
could believe that in this country the liberty of the subject
could be put in jeopardy upon such trumpery pretexts.
Mr. Justice WILLIAMS thought quite enough had been
shown io entitle the applicants to a rule to show cause
why they should not be brought up to have the validity of
their commitment inquired into, and then the Court
could deal with them according to law.
Application granted.
The COURT afterwards sat at Nisi Prius, and disposed
of several undefended causes.