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forwarded to me the enclosed declarations of this late identical in substance with the original Affidavits, and declared to by the same parties, except by Mr Pollard who left for Europe last Saturday the 20th instant.
20. As Mr Pollard might have said that in forwarding Affidavits he had adopted my suggestion I feel bound to transmit now the declarations sent in by Mr Whyte, so that if Your Grace refers the matter to the Judicial Committee no obstacle may be created to an investigation of the merits of the case by my having offered duplicate Affidavits. Whether declarations or Affidavits be the appropriate mode of representing the same facts this Despatch conveys both in original.
Enclosure 5.
21. I may further add that although the Chief Justice affirms that Mr Pollard being apprised of its illegality deliberately proceeded "by Affidavits", it is proper that Your Grace should understand that Mr Pollard only learned the Chief Justice's opinion a few hours before embarking for Europe, and could not possibly have then made any alteration without again putting off his departure already once adjourned, and arranged long before any of these differences between himself and the Chief Justice had arisen.
22. Your Grace has now before you all the documents connected with this most