Kidd V. Roi/al Agricultural Society of Eiujland. 487 
Hull, loth June, 1872. 
Kidd V. Eoyal Agricultural Society. 
Kidd V. Alger. 
Dear Sirs, — We have deferred replying to your letter of the 28th March 
last until wo have been able to get the whole of the facts connected with these 
actions bel'orc counsel. 
After full consideration of the matter we are prepared to stay all further 
proceedings in the action of Kidd v. Alger, the costs already incurred to abide 
the event of the action against the Ivoyal Agricultural Society, if you will 
agi'ec to an admission that the Society authorizes the publication of the Pieport 
in the 'Mark Lane Express,' and are responsible, in order that such admission 
may be given in evidence agaiost them. 
We are compelled to decline the offer you have made of having the correct- 
ness of the analysis tested in the manner suggested by you. Looking at the 
lacts of the case, the circumstances under which the libel was published without 
any communication with our client or asking any explanation, the circulation 
the libel has obtained, and the injury it has done and must do our client, the 
course you proiwse cannot be deemed satisfactory. 
We, however, have to apjily to you for a sample of tlie cake which you have 
in your possession, and wc shall be glad if you will make up and seal the same, 
so that the cover may be properly identified at the trial. 
We have also to request that you will be good enough to furnish its with a 
copy of the analysis of Dr. Voelcker, on which your client's Report is foimded. 
We propose forthwith delivering the declaration in the action against the 
!^(,iciety, laying the venue in Yorkshire, so that the trial may come on at the 
next Assizes for Leeds. We will delay delivering the declaration in Kidd v. 
Alger (which is already prepared) for a week from the present date, for your 
reply as to the admission proposed. 
Yours truh', 
Messrs. Garrard and James, G. C. Egberts and J. Leak. 
13, Suffolk Street, Pall Mall East, London. 
Mr. ALGERKON SYDNEY AYRE sworn: examined lyMx.QkVE. 
Q. Are you in partnership with your brother, Mr. H. H. Ayre, cake 
merchant in Hull ? — A. I am. 
Q, And have you carried on a large business there as linseed cake merchants 
for some years ? — A. We have. 
Q. Do you sell a very large quantity in a year — some 40,000 tons ? — 
We do. 
Q. Have you been in the habit of getting cake from Mr. Kidd, the 
plaintiff? — A. We have. 
Q. Is he a seed crusher, carrying on business in Hull ? — A. He is. 
Q. Under the style of ? — ^i. Samuel George Kidd. 
Q. Have you been in the habit of ])urchasing from Mr. Kidd a kind of cake 
known as " Triangle Best " — A . We have. 
Mr. Justice Blackburn: I suppose you^^mean there is a triangle on it as a 
t rade mark ? 
The Witness : That is so, my lord. 
Mr. Cave: Now did vou supiily "Triangle Best" cake to Mr. Wells? — 
A. We did. 
Q. Did you see the libel which was published in the ' Mark Lane Express' 
—A. I did. 
Q. That was on the 11th of March 'i—A, It was. 
