482 Kidd V. Royal Agricultural Society of England. 
been Lroiiglit iTnder his notice, the first to he mentioned is from Charles 0. 
Eaton, Esq. * * * * Another case comes from John Wells, Esq., Febraary 18th, 
a Member of our Council, the whole of whose cattle were attacked with serious 
symptoms immediately after eating from a fresh purchase of cake, although 
only one case terminated fatally. This cake very much resembled the cake 
sold to Mr. Eaton, containing a quantity of seeds, cotton cake, rice, broken 
corn and cocoa-nut, apparently made from dirty linseed and the sweepings ofi 
corn warehouses. A small sample of this cake had been sent before purchase 
to Mr. Wells as best linseed cake, price £10 per ton, from Ayre Brothers, 
Hull, the maker, Messrs. Kidds, of Hull ' (meaning the Plaintiff), the " Defen- 
dants thereby meaning that the Plaintiff had made and supplied to the 
said Ayre Brothers, as and for best linseed cake, a bad and inlerior linseed 
cake made from dirty linseed and the sweepings of corn warehouses ; and also 
that tlje Plaintiff had made aud supplied to the said Ayre Brothers, as and 
for linseed cake, a cake containing ingredients of a poisonous nature, and in- 
jurious to cattle, whereby the Plaintiff was injured in his credit and reputation 
as an oil and seed crusher, and in his said business. And the Plaintiff claims 
one thousand jiounds." 
The Defendants pleaded — 1st, Not guilty ; and 2nd, That the defamatoryi 
matter complained of was true in substance and in fact. 
Mr. Seymour stated the Plaintiff's case as follows : — May it please your 
Lordship, gentlemen of the jury. The Plaintiff in this case, Samuel George 
Kidd, carries on an extensive business at Hull as an oil manul'acturer and seed 
crusher. You will probably be aware that a very imi3ortant element of in- 
dustry has sjirung up in connection with the agricultural interest of this 
country in the supply of linseed cake, which is manufactured from the 
residue which remains after expressing the oil from the linseed imported from 
abroad ; and the town of Hull has become very well known as the site of 
large works connected with this industry, throughout England and foreign 
countries. 
Now, gentlemen, my client, Mr. Kidd, has brought this action in order to 
vindicate his trade — his brand, if I may so speak — and his name from the 
consequences of a most serious libel, the responsibility for which will not bo> 
disputed by the Defendants, the Koyal Agricultural Society of England, who,| 
I believe, to day have instructed their Couusel to admit, and have admitted iui 
the proceedings, that they are responsible for the document, which I will 
presently call your attention to, which forms the subject of our complaint,! 
and which appears in the columns of the ' Mark Lane Express,' which, as yom 
know, is one of those papers especially devoted to the circulation and publica- 
tion of subjects connected with agriculture, and interesting to the farmers ofi 
England. 
Gentlemen, I need hardly say that in opening this case to you, so far m 
Mr. Kidd is concerned, he brings his action purely to vindicate his own repu- 
tation, which he has maintained for a considerable number of yeai's by carry-l| 
ing on, as I have told you, a very large and prosperous business, both in oil' 
and lin.seed cake. With regard to the Defendants, it will be said, and saidi 
truly, that they are a highly honourable and most important body ; and while,! 
no doubt, on the one hand, this is a case in which Mr. Kidd seeks to vindicate) 
his character at your hands; yet, on the other hand, I sliould be the last mani 
to impute to the Defendants as a body that their conduct was at ail infhienced 
by any ])ersonal malice, or any wrong or indirect motive so far as Mr. Kidd is 
concerned ; but, gentlemen, 1 need hardly say that the charter which hasi 
made the Eoyal Agricultural Society a cor| orate body, has not necessarily 
made them infallible. They liave tlieir subordinates and agents, their secre- 
tary, their chemists, ttieir solicitors ; and in questions of this kuid the resjiousi- 
bility must bear on a public body like the defendants as upon other employers 
