The Sun.
London, England, 1844-12-21 00:00:00

EXCHEQUER.-(THIS DAY).

(Sittings at Nisi Prius, at Guildhall, bef.re the LORD
CHIEF BARON and Special Juries.)
HUTT AND oTittifig V. GILES.

This was an action of covenant brought by the trustees
of the Western Australian Company to recover frtm
the defendant the sum of 1,250/, being the amount of a
call of 1251. per share on ten shares held by him in that
Company. The action was undefended.
Mr. Martin and Mr. Peacock appeared for the plaintiffs.
The Western Australian Company was established in
the year 1841, with a view of promoting emigration to
the western ports of Australia, and of encouraging its
cultivation. 5001. was the value set upon each share,
one fourth of the amount to be paid at the time of pur-
chase. Calls of 1251. on each share taken was
subsequently made, and the object of the pre-
sent action was to recover the third call against
the only solvent shareholder out of six who had not
met the call. The defendant had put several pleas on
the record, one of which was, that he had not had notice
of the call by circular in the manner required by the
Company's deed of settlement.
Evidence having been gone into on the part of the
plaintiffs, and his Lordship having summed up, the jury
returned a verdict for the plaintiffs—Damages, with in-
terest, 1,3431 15s.

CONSISTORY COURT.
(THIS DAY.)
(Before the Eight lion. Dr. LUSHINGTON.)
PHILIPS V. PHILIPS.

Dr. LUSIIINGTON pronouneed judgment in this case.
This was a suit instituted by Mr. Philips, who is a bar-
rister and conveyancer, for a separation, a mensa et (horo,
from his wife, on the ground of an adulterous connexion
beta een her and Mr. Charles Ranny. The defence was,
that there was connivance on the part of Mr. Philips ;
and the state of the facts was as follows :—The parties
were married in 1825. They became acquainted
in Dieppe with Mr. and Mrs. Runny, and in consequence
of circumstances which came to the knowledge of Mr.
Philips with regard to the degree of intimacy subsisting
between his wife and Mr. Ranny, ho referred the matter
to two gentlemen to have the circumstances investigated.
They seem to have diligently inquired into the facts, and
reported that they believed Mrs. Philips was inno-
cent of any real criminality, though they left it
to be inferred that she was guilty of consider-
able indiscretion. The parties were separated at this
time, and they recommended Mr. Philips, if he so thought
tit, to take back his wife. It appeared from the evi-
dence that Mr. Philips resided at this time in Sloane-
street, and that his professional avocations used to call
him from home at nine o'clock, and that he used not to
return till six in the afternoon to dinner. Mrs. Benny
was frequently on a visit at Mr. Philips's, and Mr.
Ranny used sometimes to sleep in Mr. Philips's house.
Mr. Philips took back his wife, and in the year 1840
it appeared that the intercourse between Mr. Ranny
and Mrs. Philips was renewed. Mrs. Philips used to
sleep from home frequently, and very often she used not
to return to her home till ten o'clock at night. She used
at these times to sleep at Mr. nanny's, and to remain at
his house, and though this was the case, it did not ap-
pear that Mr. Philips, who used to come home regu-
larly at six o'clock, made any inquiry as to the absence
of his wife. One occasion when she slept from borne
two nights in succession, he asked her where she had
been, and upon her saying she had been at her sister's,
he appeared to be satisfied. Now it appeared that she had
not slept at her sister's house more than once during the
summer of 1841, and that they were not, in fact, on
good terms. Mr. Philips was also aware that Mr. Ranny
was in the neighbourhood, for he knew that he gave his
(Mr. Philips) boy a model of a ship. Subsequently Mrs.
Philips went to Dieppe, where she met Mr. Runny; and
there was no doubt of the fact of the adultery being
committed there. When she returned the same kind
of intercourse between her and Mr. Ranny, which had
previously existed, was renewed, and then is was that
Mr. Philips moved in the matter. The parties finally
separated on the Bth of October, 1842, and the
present suit for separation was brought. The question
therefore was, whether Mr. Philips under the circum-
stances was entitled to a separation, and !Whether his
conduct did not exhibit such a degree of connivance as
to disentitle him to it ? The Learned Judge, after going
through the whole case in detail, said with the know-
ledge which Mr. Phillips had that his wife was absent
from his house by night and by day—that with the
knowledge that Mr. Runny had been in the neighbour-
hood—that his boys had been at Mr. Ranny's, and after
having instituted previously an investigation into the
conduct of his wife, which he knew to be at least indis-
creet, he ought at once to have interposed in some way
or other. There was, therefore, a degree of culpable
negligence on his part, but the question which he had to
decide was, whether this culpable indifference, with a
previous knowledge of the great indiscretion of his wife,
and no active steps taken by him to interpose but where
cohabitation continued, whether that was in the eye of
the law such a connivance as to bar a suit for separation
mensa et Moro. The Learned Judge, after referring to
the authorities, none of which were applicable to the pre-
cise circumstances of the present case, but showed that
there must be consent and intentional negligence on the
part of the hushand,went on to say, that though he could
not acquit Mr. Philips of the most supine inertness, when
his own honour, the happiness of his children, and the
peace and sacredness of his domestic hearth were con-
cerned—though he could not acquit him of the most
culpable and supine indifference—though the circum-
stances called, and most loudly called for, immediate
and active interposition, yet he thought the facts,
and the law as he found it laid down, justified
him in saying that this case must be brought
within the case of "Moroson and Moreson," and he
gladly availed himself of the shelter of that high autho-
rity to give to Mr. Philips the relief he prayed for. In
pronouncing judgment in that case that high autho-
rity, Lord Stowell, says, " I feel I shall tolerate neglect
and inattention on the part of husbands, and that I shall
pronounce a decree which will not lead to the peace and
honour of families, nor the parity of wires." And
never would Lord Stowell, feeling and uttering
those sentiments, have followed them up with a
decree for separation, unless he felt himself bound
by the stringency of the law to adopt such a course.
Ii such were the consequences of the law, it was not even
for Lord Stowell, and much less for him, to deviate from
the decisions to which it led, on account of any conso -
quences. He therefore pronounced in favour of this se-
paration, but he wished it to be most clearly understood
that the grounds of his judgment were, that there must
be a corrupt connivance, which he did not find in this
case ; there must be a knowledge, or necessarily pre-
sumed knowledge, of adulterous intercourse or indecent
familiarity, and not finding those circumstances, he
thought he was entitled to give Mr. Philips the remedy
fur which he prayed.—Judgment accordingly.

UNION-HALL.---(THIS DAY.)
Edward Edwards was charged with being found on
the premises of a gentleman named Bright, at Brixton,
for an unlawful purpose, and Margaret Sheen, n. young
woman servant in the family, was charged with admitting
the former prisoner into the house.
It appeared that the female prisoner was nurse for
Mr. Bright's family, and that she slept with an infant in
a room at the upper part of the house. Between three
and four o'clock this morning the complainant was
awakened by the crying of his infant, and, on his wife
proceeding up stairs, it was found the child was in bed
alone, no appearance of the nurse having been there.
Mr. Bright immediately descended to the kitchen, and
on opening the door, his amazement may easily be
imagined on beholding the two prisoners lying hugged
in each others arms on a hearth-rug, before a blazing
kitchen fire, fast asleep. He did not awaken them, but
went for a policeman, and gave them both into custody.
On the way to the station.house the female prisoner
threw away waistcoat belonging to her master, which
she said adhered to her shawl without her knowledge.
The other prisoner said that he was paying his addresses
to the nurse, and that having called to see her, sleep
overcame him, but he declared that he had no intention
of doing anything wrong or taking any property.
Mr. TRAILL said that he should remand the prisoners
until Monday, in order that further inquiry might be
made.

LLOYD'S SHIPPING—(THIS DAY.)
LONDON, DEC. 21.—Wind easterly, fresh breezes and
cloudy.
RAMSGATE, DEC. 19.—Arrd. Cuba, Degn, Matanzas
for Ilamburgh.
PORTSMOUTH, DEC. 20.—Wind E., fresh breezes.—
Arrd. Neckin packet, Hofken, Surinam for Amsterdam ;
Maria, Ruyter, Trinidad for Bremen ; Janes, Dunn,
Halifax ; Symmetry, Brown, Quebec for Sunderland.
COWES, DEC. 20,—Arrd. Adolph, Schroder, Porto
Rico for Bremen ; Cybele, Edmonds, Havannah ; Bril-
liant, Russell, Honduran.
FontEr, DEC. 19.—S1d. Good Intent, Ness Orleans.
OFF THE WIGHT, DEC. 17.—Der ROM, Dwayer,
Batavia.
STUDWALL ROADS, DEC. 18.—Arrd. Lady Gordon,
Schwer, Quebec.
LIVERPOOL, DEC. 20.—Wind E.S.E„ moderate.—Arrd
Hottinguer, Bursley, New York. Sid. Lady Raffles
Sierra Leone ; Peruvian, Ichaboe ; Jupiter, Maracaibo;
Mersey, Apalachiola ; Chieftain, Charleston ; Rambler,
New York. The Rhoda, Matthews, from Messina, is
aground off the King's Pier.
HOLYHEAD, DEC. 19.—The Nicolas Savin, from St.
Petersburgh to Liverpool, is ashore on the east side of
this bay, but expected off next tide. The Evelina, of
Boston, U.S., dismantled and abandoned, was fallen in
with, 22d ult., lat. 39, lon. 63, by the Nathaniel Hooper,
arrived here ; she appeared to be without damage or
leaky.
WEXFORD, DEC. 19.—Part of a vessel's side, about
15 feet long, oak, and apparently of recent wreck, with
iron fastenings, no trensils, was picked up a few days
since, in Ballyteague Bay.
HULL, DEC. 20.—The Yorkshireman, steamer, hence
to Yarmouth, got on the Holme Sand, yesterday, and
remains.
On, TORBAY, DEC. 20.—Hendrick Hudson, Moore,
New York.
PLYMOUTH, Dxc. 20.—Wind E.N.E., strong.—
Arrd. Arab, Dulgarno, Port Phillip; Justina, Loader,
Calcutta, left St. Helena, on the 16th ult.; Jessie, Mal-
colm, Ceylon; Queen of the Ocean, Tilley, Quebec.
FALMOUTH, DEC. 20.—Wind E., strong gales, zni
squally.—And, Euphrosyne, Doyle, Saguenay, sailed
on the 16th ult.

Hertwicu, DEC. IG.—The barque Recovery, of and
from London, for Newcastle, got ashore on the Half Ebb
rock this morning, but is expected off on the flood.
Con #,, I)F.c. 17.—A barque is reported ashore, in Rocky
Bay, eight miler to the westward.

MONEY AND CI; NIMESA,CI AL NE W S

CITY, QUARTER TO THREE.

The Cotton Market at isiverpoal continued firm yes-
terday, but the sales were only 3,500 hales American, all
to speculators.—Shares were rather dull. Bristol and
Gloucester, 364 ; Grand Junction, 223 ; Great Western,
Fifths, ; London and Birmingham, 227 ; Ditto and
South-Western, 84 ; Ditto and York, ; Great South-
ern and Western of Ireland, 94 ; Manchester awl Bir-
sningliam, .521 i ; Midland Counties, 1121 ; North Union,
47 ; Trent Valley, 9k ; Paris and Rouen, 40 ; Stras-
burg and Bale, 12-/ ; Orleans, Tours, and Bordeaux,
7i ; Boulogne and Amiens, 5.
We have accounts this morning from the colony of
Port Philip some days later than those more pre-
viously received. We do net find that any political news
of interest is in the letters or papers by the Arab, the
vessel that has just entered port. The receipts of the
revenue were on the increase, and trade remained in
much the same state as it had been for some time pre-
viously.
'l'ne show of Meat at Leadenhall Market, this being
the grand day before Christmas, is really a most splendid
sight. The supply of Game and Poultry is, we are told,
Unprecedently large, but still not by any means cheap,
cold weather having most opportunely for the venders
set in with extreme severity. The markets all this
morning have been excessively crowded with buyers,
and an increased amount of business is now doing in al-
most nll descriptions of provisions.
There have not been any continental arrivals of im-
portance this morning.
The accounts relative to the amount of promissory
notes issued in Scotland and Ireland, in the month
closing on the 7th of December, gives the following
general results, viz.—an increase of 318,6971. or from
10,013,4421. to 10,332,139/.
The weekly return of the affairs of the Bank of
England gives the following results as compared with
the previous statement:--The circulation is more by
186,200/, the Bank deposits have decreased 4,1831., the
public deposits have been increased by 590.0821., and
other deposits by 41,821/. In the seven days' bill there
has been a small increase, and also in the stock of bullion
of 199,321/.
A good deal of business has been done in the money
market this morning, and the prices have been extremely
firm. The premium upon Exchequer bills has, in fact,
risen rapidly, from 585., the opening value of yesterday,
to 645., which is the price just now. India Bonds have
advanced from 745. to 78s. premium. Consols for the
Account have fluctuated only from 1009 to 1001 ; the
Three per Cents. Reduced have been sold as high as 1004,
and the New Three-and-a-Quarter per Cents. at 104,
but each are scarcely now so firm.
In the Foreign Funds there has been also an improve-
ment, We may quote Spanish Three per Cents. at
38k I; the Consols at 254 for Account ; the Portu-
guese Converted at ilt) for the Account ; the Dutch Four
per Cents. at 971 ; Danish at 899 ; Mexican at 361 ;
Peruvian at 29k ; and Buenos Ayres at 371.
An immense amount of business has been effected in
the Railway Shares, and chic fly at rising prices, as our
official list below given shows.

BRITISH FUNDS THIS DAY AT ONE O'CLOCK.
(From the Official List.)
pper Cent. Reduced Annuities ........ ..... 100%%%
New 34 per Cent. Annuities... ...... - ...... 103,4%14
Long Annuities, Expire sth Jan. 'Lt ..... 12% 1-16
India 80nd5,1,000........................„-- 78
Ditto under 1,00(1..................... 7B
Consulfor Opening ... -...............- 10014%1,4
India Stock for Account 286
Exchequer Bills INd. i 16d
Ditto 5ma11...........„..... -- ..... 64 65 pm.
Ditto Advertised. —
FOREIGN FUNDS THIS DAY AT ONE O'CLOCK.
Buenos Ayres Bonds, 6 per Cent ......... 3754
Danish Bonds, 1825,3:per Cent £9%
Mexican Bonds, 1237,5 viz* C,ent. ...... ..... -
Ditto for the Account B6U%
Peruvian Bonds, 6 per Cents. 29%
Portuguese Boasts, 5 per Cent.... .....
Ditto Converted...—. .......................».- 564
Ditto for the Account .................„„„ LA
Spanish Bonds, Five per Cent 1840.. 2gs4'
Ditto for the Account 25%1 %
Ditto Passive Bonds .. .........
Ditto Deferred
Ditto Three per Cent...... „ .......
Ditto for the Account...-. ........... ........
Dutch 2% per Cents 61%
Ditto 4 per Cent. Certificates ..
PIECES OF SHARES IHIS DAY AT ONE O'CLOCK.
RAILWAYS. PAIL PER SHARE.
Birmingham and Gloucester 10) ........ 93 to
Cambridge and Lincoln -
Churnet Valley:...
Direct Northern
Dublin and Belfast Junction ...... ...,«4% .., to
Dublin and Galway
Eastern Counties ..................... 25 ........ 14% %
Edinburgh and Glasgow 5O ......... 62 ........ to
Great Southein and Western} 5
101
(Ireland)...
Great North of England.
Great Western ... ..... ..............„ 75 'lsl to
Ditto % Shares 5O 90% -
Ditto kinks

..
Hull and Selby
London and Birmingham. l6O
London and Blackwell
London and Brighton ............... 50 .....„ 52% % ... to
Ditto Loan Notes
London and Greenwich ............ 12%
London and South Western ....„ 41%
London and Croydon ... 13% ...... 165% ... to
London and York „... 2%..„..... 4%%'4 to
Midland ..—...
Newcastle and.DarlingtonJunct. 24 .... ..... 611,i ..... to 61
North British 7% ...... 7N% ... tt
Northern and Eastern 45 -
Ditto Scrip ....
Norwich and Brandon ............ 8 ...... 12% to 1314
Ditto New 1
Richmond and West End JUIICt. 1
Rugby --
t!
South Eastern and Dover ... ...... 33% ...... 39%
Ditto New
Trent Valley
West Cornwall N ...... 2%
York and North Midland
Ditto Scarbore' Branch
Ditto Selby Scrip
Boulogne and Amieas 2 ....... 5%1,4 ... to
Orleans and Bourdeaux
Paris and Lyons
Paris ~nd Orleans...—. .......... .... 20 ..... .... 44%
Paris and R0uen......................„ 20 ......... 41%
Strasburg and Bale
PRICES OF IRISH STOCKS, Dac. 19.

3 per Cent. Consols ....... ...... ........
Ditto Money .
3 per Cent. Reduced
Three and a Quarter Stock....

Ditto Money ...
334 per Cent. Debentures... ............. ....-- —
Long Annuities
Bank Stock
Royal Canal Stock —
Grand Canal Stock
Grand Canal Debentures, 6 per Cent.
Ditto 4 per Cent .
4 per Cent City Debentures .....
4 per Cent. City Debentures, New
4 per Ccnt. Ballast (Mice Debentures .....
4 per Cent. Pipe Water —
Kingstown Railway Debentures 10214
LAST PRICES OF IRISH SHARES.
RAILWAYB PAID. PER SHAM
Dublin and K. Railway
Drogheda Ditt 0...
Great Southern and We5tern............ 5
Ditto Scrip . . ..
Ditto Extension..... ..... 2%
Dublin and Belfast Junction 2% ..... 4
Dublin and Cashel ditto
slullingar and Athlone Railway ...... 234
Belfast and Ballymena 234
Waterford and Limerick
Dundalk and Enniskillen
Wexford and Carlow
Hibernian 8ank........... ............... .... 2534
Royal Bank
National Bank
National Insurance
Patriotic ditto
Miniag Company of Ireland.... 7
Wicklow Copper Mines
City of Dublin Steam Company
Ditto Ditto, 18.36
Stearn Ship Building Company
Ditto Ditto 5O
British and Irish Steam Company ... 50 ....
Limerick Extension Railway
Peninsular and Oriental ditto
Irish Great Western, Dublin to] .2%
Galway
Dubiin and Glasgow Steam Company ~ 50..„..... 44

MANCHESTER STOCK EXCHANGE, DEC. 20.—Our mar-
ket is without any material change ; there is a good
demand at full prices :—Eastern Counties, 14i ; London
and Birmingham, 32/. Shares, 39} ; Midland Railway
Consols, 112 ; Sheffield and Manchester, 97i ; Barnsley
Junction, 4i ; Ditto, Ralf Shares, 2 ; Belfast, Bally-
mena, and Carriefergus, 3 7.16 ; Birkenhead, Manches-
ter, and Cheshire Junction, 6 ; Cambridge and Lincoln,
4j2 21. 75.; Churnet Valley, 3 7-16 -II ; London and York,
; Trent Valley, 8 15-16 9; West Yorkshire, 62 ;
nion Bank of Manchester, 9 9-16.

FLANDERS MAIL.
(RECEIVED THIS DAT.)
BRUSSELS, DEC. 19.—The average price of wheat
last week wes 16f. 92c., and that of rye 101. 48c. per
hectolitre.

There has been a numerous meeting of workmen at
Antwerp, the object of which was to sign a petition for
a revisal of the law relative to sugars. Iu consequence
of the stagnation of the trade and the closing of the
sugar houses, numbers of workmen are out of employ-
ment.

The Chamber of Representatives was engaged yester-
dly and to-day in Secret Committees in discussir g the pro-
ject of law for sanctioning the treaty with the Zollverein.
It seems by what we have learnt of what passed in the
Secret Committee, that some members of the Opposition
attacked rather wsrinly the Minister of the Interior.
Devaux dwelt on the little dependence that will be
placed on the words of the organs of the Government.
The Minister of the Interior declared that be made the
point in dispute a case of Ministerial responsibility. The
point in dispute was whether the treaty gave to Belgium
the right of importing its corn into Germany by means
of the Rhine, at the same duty as by land, which the
Minister affirmed it did.
BELGIAN FUNDS.—Bnusms, Deo. N.
Aetna Debt, 9% per Cent.,
Rothschild's Loan, Five per Cent.... ........ ..«
Loan of Thirty Milions, Four per Cent PI%
Three per Cent..........
Thirty-seven Milli. as, ditto 77%
(1341)............... lee%
Lean of City, 1043, Four per Cent. .....»....«»..». la%
1082
Society of Commerce, Four and a Half per Cent —
Bank of Belgium, Five per Cent. .... ....... 58
issue of
—Brussels Tapers,"Dce. 19.
A tiSTRI A N Nth:I.—VIENNA, Dec 12
Five per Cents. Metalliques
Four par
Three per Cents. 764
Rank Shares
Loan, 1134
111311
Esterkazy's Loan •
—4llgcmeine Zeitung, Due. 15.
•

SIR HENRY POTTING ER.—A grand dinner was
given to this eminent diplomatist at Manchester, in
the Town-hall, last evening, which was attended by
the leading men of the place, including the Mayor,
Alexander Kay, Esq., Lieut.-General Sir Thomas
Arbuthnot, Major Brooke, Richard Briley, Esq.,
Stewart, Esq., Alderman Neild, Alderman Ban-
croft, Charles liindley, Esq., M.P., &c. &c. Various
addresses had been presented to him, and among
others one from the working classes, signed by 2,640
persons. .

MARKET NEWS.—(THIS DAY•)
COVEK,T-G.A.233MN.
Although we had much larger supplies of both Fruit
and Vegetables on sale than were exhibited on Satards:7
last, the demand was quite as active, and prices wall
!fent-rally supported. Potatoes from 31 to 4s ad per Ort;
Turnips, 2s 6:I to 3i 8d; Carrots, 5s 6d to 7s; Coleworts, °r
Greens, 3s to 3s 8d ; and Leeks, is to 2s per dosio
bunches ; Apples and Pears, 2s to 4s ; Spinach, 2s 3d
"
2s 6d ; and Onions, is 9d to 2s 9d per half sieve ; Fine
Apples, 8s to 10s ; Foreign Grapes, 8d to is ; Filberts,
Is to Is 2d; and Cobb Nuts, 10d to Is 2d per lb ; Bred
Cabbages, 3s to 7s ; and Savoys, is 3d to 23 per.dozeal
Horse Radish, 2s 3d to 5s ; Broo,li, •)s to gs 3d; an,
Celery, 10d• to 2s 6d per bundle ; Oranges Sl'
Lemons, 8s to lOs per 100.
aUNGZIMPORD.
There were only moderate supplies of most articles ef
produce on sale, yet the demand was by no means lc"
tive, at late rates.

NT.MTPORT.
We had a very steady inquiry for each kind of priu;T
Meat, at full prices. Otherwise the demand ruled do
Beef from 2s 10d to Ss 10d ; Mutton. 2s 8d to 3s lo";
Veal, 3s 6d to 4 4d ; and Pork. 3s 2d to 45 per 8lbs•

AND ZE21.1)3C211121.11..
~a
In consequence of the supplies of both Game 7
Poultry con,iderably exceeding the demand, the pnce:
submitted to were extremely low, and a clearance 07171
not effected. We had an immense supply of each
of Meat offering ; still, however, the trade was brio'
and prices were readily' supported. Beef from 2s 10‘1,T,
38 10cl ; Mutton, 23 10d to 3s 8d ; Veal, 3s 4d to 4s
and Pork, 2s 8d to 43 per Blbs. by the carcase.
The supply of was ,comparatively 01'14
to which the general quotations were on the advaneo•