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to Mendohnson upon the pace of there papers without his our knowing what may have haped meanwhich between or him Extel and the Governor:

A

21. Either Dr Eitel must have appeared, if not to have made a statement which he knew to be untrue, at authority, or at least he had no full authority for making, and afterwards, when he faced that an action was to be brought against him, to have made a full retractation of it

22. or (2) Remembering the cardinal fact admitted by the Governor that Mr Hayllar was in Lady Hennessy's boudoir with a catalogue of some kind containing indecent pictures, Dr Eitel must appear to have denied the "substance" of a charge which he had good reason for believing to be substantially true.

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MINUTE PAPER.

23. In these circumstances it is not matter of surprise that Mr Johnson should have felt himself called upon to take steps for the removal of Dr Eitel from the public service. This brings us to J.P. Hennessy's share in the matter and to examining whether it in any way explains or extenuates Dr Eitel's proceedings.

24. I will first dispose of the one or two points as regards Mr Johnson 25. Sir J.P. Hennessy twits Mr Johnson with having repeated statements, which were made to him by Dr Eitel under the seal of privacy. The only other intimation to the same effect which I find in Dr Eitel's report (K.37 of his letter of 27 Dec) is of a conversation which took place between him and Mr Johnson subsequent to the bringing of the action. On the other hand Mr Johnson expressly states, without its being denied by Dr Eitel, that he openly reserved the right to make


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