TALBOT7101

Lincoln’s Inn ¹
26 Dec 1854

My dear Sir

I send You a statement of sums rec^d by this firm on acco^t of Patent dues &c from the commencement – to the present time: where the line is drawn down to July 1853 they have been accounted for to You – from 25^th Nov 1853 to present they are carried to Your credit against which will be set off our Bills of costs from Nov^r 1852 to the end of this year –

Now to answer Y^r questions I do not expect the Brief for the Privy Council ² will be very long – we must shew

1^st A D^t & C^r account of payments and receipts – Year by Year from the commencem^t will be best – The sooner this is prep^d the better – if You will send me the rough materials I will place them in form. They will be established by Your own oath.

2^dly We must shew the utility of the Invention and its merit – a few choice Photog^es and will perhaps suffice But on both these heads, Counsel must advise and if they prescribe more to be done – we must comply.

At present I cannot add to what I have before written as to the fees to be given to Counsel – they must be high – vide ³ my letter of Saturday which by the bye You had not received when You put the questions – I need not repeat therefore what I said therein as to the Court of Exchequer –

But we must return to Jervis’s ⁴ Court – at all events to move for & obtain a Rule for a new Trial: we may then either go on or negotiate for an arrangement – but if we acquiesce in a verdict founded on a mistake of the Judge we absolve him from complaint and accept the judgment – I look upon it as being indispensable to take this course.

This does not touch Y^r right to proceed in any o^r Court ag^t ano^r Infringer – nor cod ⁵ the latter turn the verdict ag^t by ano^r person against You – I do not think it safe however to proceed ag^t Mayall ⁶ on the present evidence. – I will see Henneman ⁷ as to obtaining more as You suggest.

Nor am I for proceeding ag^t Henderson ⁸ unless his Attorney demands it –

You have a right of course to drop Sir F. Thesiger, ⁹ but having given him a retainer he would be prevented from accepting a Brief from our opponents and therefore it would not be proper to leave him out.

I do not see any great utility to be gained by a further disclaimer but as Carpmael ¹⁰ says this may be done after the Privy Council has granted the prolongation & there is no use to decide upon this point at present

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but the prudence of proceeding beyond the 1^st stage will depend upon the decision of the Privy Council and may be either prosecuted or abandonned [sic] according to circes. ¹¹

Since writing the preceding, I have seen Grove ¹² who is about to leave Town until the 5^th or 6^th but he says he will return before if necessary or indeed serviceable but inasmuch as Sir F Thesiger will be absent too he thinks nothing can be done before then – That may be as regards having a consultation in order to enable You to steer a definite course and to determine which is the least evil of the numerous difficulties in our path. – As regards my movements however it will be indispensable for me to have my Briefs ready for delivery by the 6^th I mean for the Privy Council and therefore shall be glad to see You as early in Jan^y as possible that You may superintend the new Chemical experiments ¹³ which are suggested –

I am completing proceeding as fast as I can, in the completion of our account of Your costs charges & expences – from which as from the preceding bills I shall distinguish such parts as have no reference to the Patents – I fear I shall not be able to comprise all the payments to Xmas ¹⁴ inasmuch as sev^l of the witnesses are not settled with – but we shall not be very far from the mark.

I hope by tomorrow or Saturday’s post to send You the whole of the bills and the figures You require, so that You may judge of the financial part of the question –

Remaining meanwhile My dear Sir Yours very sincerely
J. H. Bolton

I have got the shorthand writers note of the Judgment ¹⁵ which I believe is taken verbatim with great exactness.M^r Grove says we must have the whole of the evidence and he thinks too that affidavits will be needed, that is to be prepared and to be kept in readiness –
I am glad to find that he thinks the Chief Justice ¹⁶ to have erred as greatly as I do.

J. H B