into life. The solicitors add that one of them desired, somewhat importunately, to know if the case could not be reheard in court. It is needless to remark that he was told he was a little too late in his application. I will use this opportunity-the last I may perhaps have of writing to you before I embark, from the engagements likely to press upon me in getting the fund ready for shipment and clearing off all necessary expenses to say a word of our professional advisers. Of the counsel I selected it is unnecessary for me to speak, their established reputation in the highest department of their profession putting them above any testimonial from me. But of the solicitors, as they move in one of its less conspicuous fields, I will barely take the liberty of saying that more attention, diligence, discretion, and integrity could not, I believe, have been exerted by any persons than they have shown throughout the whole suit from first to last. Could they ever have forgotten what was due to the United States and to themselves in the desire to eke out a job, nothing is plainer to me, from what has been passing under my observation of the entanglements and delays natural to a heavy suit in the English court of chancery, than they might have found opportunities in abundance of making this suit last for years yet to come. I have the honor to remain, with great respect, your obedient servant, RICHARD RUSH. Hon. JOHN FORSYTH, Secretary of State. Clarke, Fynmore & Fladgate to Richard Rush. CRAVEN STREET, July 5, 1838. DEAR SIR: At the time of the decease of the late Henry James Hungerford, esq., which happened on the 5th of June, 1835, there was standing in the name of the accountant-general of the court of chancery to the credit of the cause Hungerford v. Drummond the several sums following, viz: £62,739 19s. 2d. bank £3 per cent annuities, £12,000 £3 per cent reduced annuities, £16,100 bank stock. And if these several funds had then been sold they would have realized the sum of £102,991, or thereabouts, but owing to the proceedings which were necessary to be instituted in the court of chancery, the funds were not transferred into your name until the 5th of June, 1838. We are happy to inform you that, notwithstanding this delay, no loss has been occasioned to the United States, as, according to the market prices of the funds on the last-mentioned day, the funds were then worth £103,888, being an excess of £897 beyond the value on the 5th of June, 1835, the date of Mr Hungerford's death. The whole of the costs of the chancery suit amounted to £723 7s. 11d., so that the increase in the value of the funds was sufficient to pay the whole of these costs and leave a surplus of £173 12s. 1d. In making out the above statement, the dividends upon the funds have not been taken into account, but the United States receive them in addition to the original fund. The United States do not, however, receive the whole amount of such dividends now, as a portion of them was invested in stock, of which £5,015 has been appropriated to answer an annuity of £150 9s. to Madame de la Batut, upon whose decease the same will become the property of the United States. The sums in court, at the last hearing of the cause, were as follows, viz: These sums have been appropriated as follows, viz: 5,015 0 0 406 3 0 162 15 5 53 7 6 526 11 6 25 0 0 reduced annuities. bank stock. reduced bank annuities, residue of £6,810 19s. 7d. retained in court to answer annuity to Madame de la Batut. paid to plaintiff's solicitors for their costs. paid to defendants' solicitors for costs. paid to plaintiff's solicitors for warehouse room, paid by them to Messrs. Deacon. paid to Madame de la Batut for arrears of her annuity. paid to Mrs. Fitall for arrears of annuity. 70 7 8 paid to solicitor for defendant, the attorney-general, for costs. balance of cash paid to R. Rush, esq. 725 3 7 Herewith we send you a complete copy of our bill of costs, amounting altogether to £490 4s. 10d.; and we have received the following sums on account of costs, viz: £ S. April 10, 1837, of Richard Rush, esq 200 4 June 11, 1838, of accountant-general, for plaintiff's taxed costs. 406 3 Total 606 7 The latter sum exceeding our bill of costs by £116 2s. 2d., leaves us in debt to the United States to that amount, for which we beg leave to inclose our check. We may here remind you of the information on the subject of costs which we had before given you verbally, viz, that the court allows against the fund certain ordinary costs; and such costs have been received by us from the accountant-general, as before stated. In consequence, however, of the line of conduct adopted by us, under your own directions, to insure a speedy and successful termination of the suit, some small extra costs have been incurred beyond what are considered ordinary costs. We have, as you requested, had a lock placed upon the trunk' in our possession, having previously deposited therein the several articles of plate and other matters, which we mentioned to you as being in our possession, and of which articles we inclose you a list. We are, dear sir, your faithful and obedient servants, CLARKE, FYNMORE & FLADGATE. P. S. We also return to you the memoranda which you left with us as to the stock. Clarke, Fynmore & Fladgate to Richard Rush. CRAVEN STREET, July 11, 1838. DEAR SIR: We have made the affidavit which you required to verify the bill of costs, and which we now return to you. We also send you the original order on further directions, under which the several transfers of the funds have been made into your This order has the initials of the registrar, as also of the entering clerk, placed at the foot of it; this being the mode adopted in the court of chancery to show the authenticity of their orders. name. We also send you a transcript from the books of the accountantgeneral, certified by Mr. Lewis to be a true copy, Mr. Lewis being the clerk whose duty it is to make such transcript. The sum of £70 7s. 8d., appearing still to remain on the general credit of the cause, is reserved for the costs of the attorney-general, and will be paid over to his solicitor upon his applying for the amount; and the cash standing to the account of Mrs. de la Batut is for the arrears of her annuity, and will be paid to her. We have seen Mr. Deacon upon the subject of his charge for warehouse room beyond the 24th ultimo, and have paid him for the same £2; and we have also paid 4s. 6d. for swearing to our bill of costs, which is the whole of our demand against you. 1One of the 14 mentioned in my dispatch No. Mr. Deacon informed us when we saw him that he had in his possession a painting belonging to the estate, and which he promised should be sent over to your house, and which we presume he has done; but should he not have done so, perhaps you will be good enough to apply to him for it. We will thank you to send us an acknowledgment for the different boxes we have handed you. We are, dear sir, your very faithful servants, RICHARD RUSH, Esq. CLARKE, FYNMORE & FLADGATE. |