SMITHSONIAN BEQUEST. 51 



for a speedy decision of the case, or my instructions that 

 jou will urge it on with all the expedition in your power. 



In the hope that the decision will be in all things favor- 

 able, as well as speedy, I remain your faithful and obedient 

 .servant, 



RICHARD RUSH. 



To Messrs. CLARKE, FYNMORE & FLADGATE. 



Richard Rush to John Forsyth. 



LONDON, February 12, 1838. 



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

 information 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 suffi- 

 cient 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 enclose a copy of my note.) 



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

 which is also enclosed. 



Referring specifically to my inquiries, it will be seen 



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

 liundred and fifty pounds. 



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 introductory observations of 

 their note, which advert to the uncertainty of all previous 



