SMITHSONIAN BEQUEST. 45 



to be so conducted, and parties come in whose interest it is to 

 throw impediments in the way of a decision, any calculation as to 

 either delay or expense must be a matter of little better than guess. 

 So many unforeseen points may arise, and the practice of the courts 

 affords such facilities for a hostile party to obstruct the course of jus- 

 tice, that the most experienced lawyers hesitate before they attempt 

 to give an opinion upon the subject. If in the present case Madame 

 de la Batut's claim be further resisted, the suit will become one to 

 which these observations apply; or Madame de la Batut might perhaps 

 abandon the claim now brought in, and try to impede us by filing an 

 original bill for its establishment. We do not think this likely, but 

 it is not impossible. 



Having said thus much, we will proceed to answer the queries. 



We think that within three months evidence might be obtained of 

 the facts necessary to defeat Madame de la Batut's claim, and that 

 such evidence might be procured either by sending over -a commission 

 to Paris, for the examination of witnesses, or by bringing interroga- 

 tories into the master's office for the personal examination of Madame 

 de la Batut and her husband. We now know so much of the case that 

 Madame de la Batut would hardly venture to deny any of the neces- 

 sary facts; but this is not quite certain. 



We think that the expense of a commission to examine witnesses 

 would not exceed 150. The expense of interrogatories for the 

 examination of Madame de la Batut would be trifling; probably 30 

 or 40. 



Assuming that the requisite evidence were obtained, we are inclined 

 to think that, notwithstanding Madame de la Batut's resistance, the 

 suit might be wound up before the rising of the court for the long 

 vacation; but, after the observations we have thought it our duty to 

 make in the early part of this letter, you will be able to judge how far 

 this opinion can be relied on. 



You will bear in mind that the decision of the master is not final. 

 Exceptions may be taken to his report and argued before the court; 

 and even an appeal may be brought against the decision of the vice- 

 chancellor, or master of the rolls, and the cause might be taken to the 

 House of Lords. The delay under such circumstances would be very 

 great. 



We are your very faithful and obedient servants, 



CLARKE, FYNMORE & FLADGATE. 



RICHARD RUSH, Esq. 



Richard Rush to Clarke, Fynnwre < Fladgate. 



FEBRUARY 9, 1838. 



GENTLEMEN: Your communication of yesterday's date was received, 

 and is satisfactoiy by its fullness and candor. 



