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Thomas Benbow Phillips thanked Randal Callander for his communication dated 2 November, containing extracts from the letter of Her Majesty's Charge D'affairs in Rio de Janeiro regarding his claim. Thomas Benbow Phillips noted that he had claimed compensation because of the “shameful indifference (of the Authorities) and scandalous protection” of Wenceslaw when he had attacked him the first time. Thomas Benbow Phillips had employed a notary to write out his complaint on that occasion, and included the names of witnesses to the attack, which was presented to the Delegado. He pointed out that if Wenceslau had been punished for that first attack, he would not have been able to attack him the second time, and he personally, would not, as a British subject suffered injury through the neglect of the Authorities. Thomas Benbow Phillips reminded the Consul that when he was wounded, diplomatic relations between England and Brazil were suspended on accout of the Anglo-Brazilian difficulty. When Mr Perry had brought Thomas Benbow Phillips's case before the notice of the Legation, the British Minister, Mr Thornton, had only just arrived, and he expected Mr Perry to deal with the matter at his discretion. However, Mr Perry was removed about that time, and it was the Acting Consul, Mr Berg who had sent Thomas Benbow Phillips a copy of Mr Thornton's letter. Mr Gallan had been the Consul at the time when he was wounded, therefore he should have made sure the case was sent to the proper quarters. Thomas Benbow Phillips stated that some considerable time had elapsed since the offence had been commmited, but that should not make a difference to his claim. He enclosed a copy of the complaint which he had drawn out against Wenceslaw when he attacked him the first time.

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