SD1144. Messrs. Anderson & Kemble to Edward Moulton-Barrett (father)
Published in The Brownings’ Correspondence, 4, 369 (in part).
Kingston Jamaica
28 Decr 1840
E. M. Barrett Esq
Sir,
We have received your letter of the 16 Nov. and observe with regret the view you take of the course adopted by the Writer in reference to the order for dismissing the suit of Barrett vs Barrett. but however much we also regret the delay which has taken place, you must allow us to say, that it has been occasioned, not by his neglect but by circumstances over which he had no controul; and that were the same case to arise tomorrow he would consider it inconsistent with a due regard to his character both as a professional man and otherwise, to act in any other manner– The assistance of Mr Aikman to which you allude could have been of no service, and besides, could not with any propriety have been asked. We and not Mr Aikman were the Solicitors on record in the suit for yourself and your late son, and on us, and us alone, could responsibility rest.
The reason we did not apply to Mr C. J. Barrett or Mr S. G. Barrett for information when the difficulty referred to in our letter of 30 Sept: arose, was simply this, that we did not know that Mr C. J. Barrett was then in the Island and could not under any circumstances have received an answer to a letter addressed to him, or to Mr S. G. Barrett, in time to be of any service at that Court; for it was not until the evening previous to the day on which the order was to have been entered up, that the circumstance alluded to was called to our notice in the Newspaper. and the Court was to last only a day or two longer. The deeds also had then been recorded—we could not sign the order as the consenting Solicitors of a defendant no longer in existence, and Mr C. J. Barrett is not a party to the suit.
The deeds being recorded we can only say, in answer to the last paragraph of your letter, that we shall be happy to hand the Island Secretary’s receipts to such person as you may authorise to apply for them.
We are Sir
Your obedt. Servts
Anderson & Kemble
Address, on integral page: E. M. Barrett Esq / No 50 Wimpole Street / London.
Docket, in recipient’s hand: Mr Kemble– / Decemr28. 1840– / Jamaica / Recd Feby. 15. 1841.
Publication: None traced.
Manuscript: Eton College Library.
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