50 SMITHSONIAN BEQUEST. 



Batut's claim, and that such evidence might be procured 

 either by sending over a commission to Pans, for the exam- 

 ination of witnesses, or by bringing interrogatories 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 necessary 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 inter- 

 rogatories for the examination of Madame de la Batut 

 would be trifling; probably thirty or forty pounds. 



Assuming that the requisite evidence were obtained, we 

 are inclined to think that, notwithstanding Madame dc la 

 Batut's resistance, the suit might be wound up before the 

 rising of the court for the long vacation; but, after the ob- 

 servations 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 ar- 

 gued 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, FYNMOKE & FLADGATE. 



KICHARD RUSH, Esq. 



Richard Rush to Clarke, Fynmore $ Fladgate. 



February 9, 1838. 



GENTLEMEN : Your communication of yesterday's date 

 was received, and is satisfactory by its fulness and candor. 



Under its representations, I 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 



