the statement which was afterwards repeated by Mr Johnson and taken down by Mr Hayllar's solicitor formed the ground of the action Hayllar.

Eitel

15. The burden of that Statement was that the Governor's suspicions being aroused he returned suddenly to Government House from a projected excursion in which Mr Hayllar was to have taken part but did not. He there found Mr Hayllar in Lady Hennessy's boudoir endeavouring to conceal something, which proved to be the Illustrated catalogue of the private museum of Naples containing many most indecent prints, the first of which was especially indecent. Dr Eitel was positive that it was not the ordinary catalogue of the Museum but the catalogue of the private museum.

In reply to the enquiry whether Lady Hennessy was in the room, Dr Eitel said "I cannot say: I do not know: you must excuse me from entering into that part of the question."

16. I must here anticipate for a moment my account of the Governor's share in this matter by referring to a conversation between him and Mr Johnson on the 24th of October as reported by Mr Johnson and not contradicted by the Governor. The Governor said it was not the catalogue of the private museum but the authorised catalogue of the public museum, which was in question. The Governor also told Mr Johnson that Dr Eitel's Statement was inaccurate in other particulars and that he had probably confused what the Governor had told him with what he had heard outside.

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