408
Chrosecution.
Enclosure
2. The Attorney General in his opinion Codes 2 that demand, based in part on his recent personal knowledge of various minor incidents connected with what had taken place in court considered that possibly the Chief Justice had not intended to condemn the Brown in Costa or had probably altered his opinion since delivery of his judgment. Mr Pauncefate pointed out that in another prosecution for libel, though a private one, he decided that the Brown could not be condemned in contumaciam therefore as all that was needed was a knowledge of what the Chief Justice himself intended, and as the Attorney General thought under the circumstances that it was only fair to the Chief Justice himself to apply to him I caused Enclosure W's reference to be made to him accordingly.
Enclosure W.
3. The Chief Justice's reply is not calculated to facilitate the action of the Government and I confess an attentive perusal of it has not enabled me to understand it. I further regret that its length and the various newspapers and documents which it encloses preclude my transmitting it by this opportunity. The remarks of the Attorney General however to whom I referred it illustrate as I think sufficiently its general tenor and serve to explain the action of this Government which is all that...