TALBOT7104

Lincoln’s Inn ¹
28 Dec^r 1854

My dear Sir,

I hope & trust that You have shaken off y^r cold & cough & that you will be speedily able to take the field again. ²

Enclosed, I send You copy of our junior Counsels opinion upon the evidence requisite for the Privy Council ³ – the greater part of what is pointed out we command now – I have marked in red ink such as are new and which require Your especial attention – in par. 3 the correspondence with the Earl of Rosse ⁴ will be wanted – This means the Earl’s orig^l letter if it cannot be found – it will be necessary [to] prove that it has been searched for, before a copy printed or ot^rwise can be let in – (The Times with it I have)

Par. N^o 6 – as the first part can be spoken to by D^r Miller & o^rs (we had better have M^r Bracock again if possible) the further experiments especially those to falsify Dr Normandy’s ⁵ M^r Heisch’s and M^r Thornthwaites experiments will require Your own directing hand – and [illegible] whe^r Sir D^d Brewster ⁶ may not also befriend us as well as M^r Wheatstone ⁷ and other eminent philosophers & chemists.

Then on Par 7 – this will necessar[ily] entail upon You some [illegible], from which I would fain relieve You, but this is the vital point of the whole – every part of this requisition should be complied with – ie if books of account there are – Bankers books will perhaps suffice if all the payments were made thro them that we seek to prove. Henneman must prove those made to him as also the acco^t of the receipts & payment of his Establishm^t during the time You continued to defray it – he must also shew the rec^ts & expenditure of the establ^t at Reading. ⁸

The only estimate I can at present form of the disbursements necessary for me to make for Counsels fees and the attendance of witnesses at the hearing of the Petition by the Privy Council is a minimum sum of £300.

The application for a new Trial ag^t Laroche ⁹ which if done at all must take place within the 1^st four days of the term is of a double character. The 1^st step is to move for what is called a Rule Nisi ¹⁰ to shew cause, and is made ex parte ¹¹ – if the Judges grant the application & which is usually done when any serious doubt is entertained of the miscarriage of the 1^st trial and which without flattering ourselves we may safely presume will be done, then at a proper interval the Def^t is compelled to argue the case upon its merits before the bench of Judges & if the Court thinks fit the Rule for a new trial is made absolute. –

The 1^st Stage of the application is attended with comparatively small expence – Sir F Thesiger ¹² would alone have a Brief in the ordinary course but here it may be indispensable to have M^r Grove ¹³ at his elbow – 10 G^s and 5 G^{s 14} about the proper fees – ie if long affidavits be dispensed with which I anticipate will be the case –

If we arrive at the 2^d Stage the fees will be far more considerable – but it is quite impossible for me at present to anticipate what will be necessary and it[?] must be observed both here and in the former case consultations will be requisite to do justice to the case and I think upon the whole You had better consider a sum of £200 will cover the total charge of this branch of the case –

5.

As there is no time to be lost in getting ready for the hearing – (the Briefs should be delivered about by the 6^th Jany) I must rely upon Your furnishing me in good time with the accounts so that they may be modelled or remodelled in case of need.

The Vol of transactions ¹⁵ is returned to day to the Roy Soc^{y 16} the other Vol. had been before returned to the Roy^l Institution ¹⁷ –

M^r Bracock writes to say he will not accept any payment for his attendance as a witness but says – he should like to have a veritable Talbotype as a memento – Perhaps You will enable me to arrange this

I believe I have now answered all Y^r questions so far as I can at present –

There is still ano^r Court viz the Q. B. ¹⁸ presided over by Lord Campbell ¹⁹ – he would be better than Pollock: however there is no [illegible] for a new action at present.

Ever Your’s truly
J. H Bolton

I regret to hear that You have taken so bad a cold & cough