TALBOT6377

Dear Grove

It would of course require mature consideration what steps to take under present circumstances but my impression at present is that I would rather abandon the present action ¹ and commence a totally new one against another infringer, and in order to make sure of having another judge ² I would bring it in another Court – I think perhaps Jurors crotchets ³ are too firmly fixed in his head to be eradicated – After a certain time of life Some people get obstinate – Knowing as we do the line of defence which w^d be adopted for I don’t think any other w^d turn out more favorable to the Infringer, we could prepare abundant evidence, & having the advantage of having a new mind brought to the subject we might hope so to be able to place the thing clearly before him that he could not go wrong –

Altho’ you think the novelty might again be legally disputed yet I think it would not, first because Reade ⁴ is their only witness, & he has probably had enough of it, next because they would be sure to fail on that issue & therefore have to pay costs on it. – Therefore I think the inquiry would go at once to the Collodion process, ⁵ compared with the other: ⁶ & would not occupy more than one day or day & half. It is not that I want to go on till I succeed, but until I once get the question fairly understood by a judge.

Yours Truly
H. F. Talbot

I really think it would be wiser before discl litigating the matter any more, to disclaim the bad claims by adding “in the manner hereinbefore described” Carpmael ⁷ says the Att^y Gen^{l 8} w^d allow y^e disclaimer w^thout any difficulty/ This [illegible deletion of several words] But if he did not accede do so we should of course not litigate further.