The Sun.
London, England, 1865-03-10 00:00:00

BOLDER° V. THE EAST INDIA COMPANY.

The arguments in this part heard case, which is an appeal
from a decision of Lord Chancellor Campbell, refusing to
admit a claim of the appellant to a refund of his subscrip-
tions to the Bengal Civil Service Annuity Fund, fromwhich
he received an annuity, were resumed and concluded. The
case was fully reported a few days since.
Judgment was postponed.

ROLLS' COURT.
(Before the Master of the Rolls.)
THE DUKE OF WELLINGTON V. LORD ROBERT MONTAGTJ.-

PRIVATE LETTERS.

This was an ex parte application for an injunction by the
present Duke of Wellington against Lord Robert Montagu
to prevent him from publishing certain private letters of
the late Duke and Duchess of Wellington under the follow-
ing circumstances appears that the late Duke and
Duchess were both confidential friends of the late Lady
Olivia Sparrow, of whom Lord Robert Montagu is now the
legal representative. In his character as such representa-
tive Lord R. Montagu became possessed of the letters in
question, and offered them for sale to the trustees of the
British Museum. In the month of February, in this year
the present Duke..of Wellington received a communication
from Sir Roderick 31urchison, informing him of the offer
made by Lord R. Montagu to sell the letters to the Museum,
and of the refusal of the Museum trustees to purchase them
on the ground of their being private letters. Sir Roderick
Murchison at the same time told the Duke that the letters
were left at the Museum in the custody of Mr. Bond for
the purpose of valuation. On the Duke of Wellington re-
ceiving this information he wrote to Lord Robert Montagu
for an explanation, and received the following letter in
answer : _ .

" My clear Duke,—Perhaps you may remember that last
summer, when you were riding and I was walking in Rot-
ten-row, I offered you the letters referred to, but it seemed
to me that you did not care for them. I would never have
offered them for sale without having done so, nor would I
do so now, only that a house agent threatened an action
for commission, and I had to pay an enormous demand
which I cannot liquidate. Your letter was accompanied
by a letter from the British Museum, stating that they pro-
pose to treat for all the other MSS., excepting the Duke of
'Wellington's letters, &c. I will write and ask what part of
the £llO they will pay for the rest, and hand the other let-
ters to you for the remaining sum.7-Yours vary faithfully,
"ROJITRT MONTAGU."
Upon Lord Robert Montagu writing further, and informing
the. Duke that Mr. Bond had -valued the letters at £BO, the
Duke wrote to Lord R. Montagu protesting against th 3 sale
orpublication of the letters, and maintaining that the course
pursued by Lord R. Montagu was not only improper, but
illegal, inasmuch as, although the letters were the property
of Lord R. Montagu, as the heir to the party to whom they
were written, the Duke, as representative of his father and
mother, had the right of forbidding the publication of them,
and that "the mere showing of them was publication."
On the 3d of the present month of March the Duke re-
ceivad the following letter from Lord R. Montagu :
"My dear Duke,—As a matter of courtesyl will let you
see the letters in Mr. Bond's office in the Britis h Museum ;
but not as a matter of right. I reserve the price that I shall
now ask for them.—Yours sincerely,

" ROBERT MONTAGU."
In answer to a letter from the Duke to Lord R. Montagu,
requesting an order to see the letters at the British
Museum, the latter thus writes :

" Dear Duke,—An order is not necessary to enable you
to see the letters at the office of Mr. Bond, where I have
left them for your inspection on any day before 4 o'clock ;
but they must not be removed. I find that the real value
of them is considerably more than £BO. I have no wish to
sell them to you ; it is out of courtesy to you that I delay
selling them elsewhere, in order to give you an opportu-
nity of purchasing them.—Yours truly, •

-
"ROBERT MONTAG tr."
The present bill was filed to restrain the sale or publica-
tion of the letters above referred to, on the ground that
they were private letters of the late Duke and Duchess of
Wellington to a personal friend ; that the present Duke
was the legal representative of the writer of such letters,
and that the sale or publication of the letters would be a
breach of private confidence and a ♦iolation of the social
rights and immunities that should always attach to letters
of such a class.

His Honour granted an interim order until Thursday
next, and directed a copy*of tho bill and notice of motion
for that day to be served on Lord Robert Montagu.
Mr. Selwyn, Mr. Hobhouse, and Mr. Osborne Morgan
appeared in the case.

" And then he drew a dial from his poke,
And looking on it with lack lustre eye,
Says very wisely, It is ten o'clock :
' Thus we may see,' quoth he, "how the world wags.'"

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