Kidd V. Royal Agricultural Society of Enyland. 491 
that right and that discretiou which no doubt it is liis duty and privilege to 
exercise in regard to his mode of conducting this case before you ; but it is 
remarkable^ rather, that in an action brought to vindicate Mr. Kidd's character, 
Mr. Kidd should be " conspicuous by his absence" from the box, and that the 
damages which Mr. Kidd is said to have sustained are proved by Mr. Ayrc, 
who is the Plaintilf in the next action, while Mr. Kidd is kept out of the box 
altogether. My learned friend will have, I dare say — has I dare say — good 
reasons for the course which he has taken. It is not for mc to speculate upon 
them, nor do I desire to do so ; nor will you be influenced in your judgment 
upon this case, when you have heard the whole of it, by any considerations 
alfecting the expediency of the mode of conducting a cause which a learned 
counsel may exercise. It is remarkable, but I am not at all sorry for it, 
liecause it enables me to lay before you, at an early period of this trial, the case 
on behalf of the Council of the Koyal Agricultural Society, for whom I have 
the honour to appear. 
Now, my friend has opened the case in an exceedingly temperate speech : 
ho has done that which I fully expected he would do — acquitted the Council 
(indeed there would not be the smallest foundation for such an idea had he 
assorted the contrary) of those ordinary motives which sometimes prompt 
libels, nameljr, malice or interest in any shape or way. It was impossible for 
my friend to suggest tliat the Council residing in London, who know nothing 
'if Mr. Kidd or Mr. Aj're but what their goods and wares themselves inform 
them, should have been actuated by any indirect motive in doing what they 
have done. My learned friend did indeed glance at, rather than assert, some- 
thing about secretaries or chemists, as if he intended to insinuate that the 
direct malice or indirect motive which he was unable to find in the Body 
whom he has sued, might reside elsewhere. If he meant that, I know he will 
say it again more boldly by-and-by. I dare him to do so, or to prove that 
there is the smallest ground for suggesting anything of the Idnd. 
Now, gentlemen, you have heard a statement which I must supplement, in 
order that you may know the facts of the case which you will have to decide 
upon. Mr. Ayre, whom you have seen in the box, is a seller of cake in Hull, 
and Mr. Kidd is a manufacturer of the same article there ; and be it right or 
wrong with regard to former transactions, it is not for us now to inquire ; but 
for j^ears past — matter of history it is — that complaints have been made, from 
time to time, of deleterious articles, or articles unfit for food, having been sold 
under the name and guise of linseed cake ; and consequently (as niy learned 
friend opened very fairly to you) the Eoyal Agricultural Society, who number 
amongst their members a great many agricultiirists, and who take, as their 
constitution imposes upon them, a warm interest in the fairness of dealing and 
in the success of everything relating to Agriculture, have adopted a coiu'se for 
the purpose of investigating the qualities of manures, which is a compound 
article very largely used, and the conformity of which to what it ought to be 
is a very important matter, and also with regard to the cake, which is still 
D^orc important in that respect, — they have appointed a committee called the 
" Chemical Committee," for the purpose of examining into these matters. This 
Chemical Committee, in the course of their duty, employed an analyst whom 
you shall see in the box shortly, — Dr. Voelcker, who has for many years 
examined the various articles both of manure and cake which arc sent to him 
for examination. He has no motive whatever, direct or indirect, of malice or 
otherwise, against Mr. Kidd or Mr. Ayre, or any person connected with them. 
]'<ut he is in the habit of receiving from persons, either members or non- 
members of the Society, any articles of food or manure which they are desirous 
' f submitting to him for analysis, and he examines them and makes his report 
u})on them. 
Now, gentlemen, before I como to the Ecport, let mc tell you — what I am 
