46 SMITHSONIAN BEQUEST. 



Under its rcprcsentation.s, 1 determine not to seek further evidence, 

 by a commission to Paris or otherwise, for the purpose of further 

 reducing the claim of Madame de la Batut. 



Let the master's report in this respect be, therefore, made in the 

 state I understood it to have been settled by him; and, now that I 

 take this determination, I trust that it will be made at a very early 

 day. 



I need scarcely reiterate to you my most earnest wishes for a speedy 

 decision of the case, or my instructions that you will urge it on with 

 all the expedition in your power. 



In the hope that the decision will be in all things favorable, as well 

 as speed}', I remain your faithful and obedient servant, 



RICHARD RUSH. 



Messrs. CLARKE, FYNMORE & FLADGATE. 



Richa/rd Rush to John forsyth. 



LONDON, February 12, 1838. 



SIR: The day after my last number was sent off, I received informa- 

 tion from the solicitors that some of the evidence expected from 

 France had arrived, but that it was not of validity to repel the claim 

 of Madame de la Batut. From as much, however, as it disclosed, they 

 pronounced a strong opinion that if a formal commission issued from 

 the court, evidence might finally be had that would defeat it. 



On fully weighing what they said, I wrote them a note on the 3d 

 instant, requesting answers to the following inquiries: 



1. What would be the probable expense of a commission? 



2. How much time would be required for its execution and return? 



3. Supposing the evidence obtained under it to be sufficient in their 

 opinion, our counsel's, and my own, to defeat the claim; yet, as the 

 legal advisers of Madame de la Batut might not take the same view of 

 it, and thence contest it, what further delays might such a turn in the 

 case become the means of producing? (I inclose a copy of my note.) 



I received an answer from them dated the 8th, a copy of which is 

 also inclosed. 



Referring specifically to my inquiries, it will be seen - 



1. That they estimate the expense of a commission at 150. 



2. That they think it might be executed and returned within three 

 months. 



3. That, assuming the requisite evidence to be obtained, they incline 

 to think the suit might be wound up before the rising of the court for 

 the long vacation (which means in August next); but after the intro- 

 ductory observations of their note, which advert to the uncertainty of 



