Kiild V, Royal Agrimltural Society of Enfiland. 593 
Mr. Field : And also told to Mr. Wells it should he. 
Mr. Seymour : To the i^urchasers ? 
The Witness : Pure cake is known as cake made from fine linseed, carefully 
greened, and all the jjure cakes are branded " pure." Genuine cakes are 
sually known as cakes made from linseed " as imported," from which the 
xtraneous seeds have not been screened. Ordinary cakes are " as per 
imple" — anything. They are known to be mixed, and made of various 
rticles. 
Mr. Cave : The linseed " as imported" varies, we are told, very much in 
uality ? — A. It does. 
Q. And, in consequence of that, does the genuine cake also vary in quality ? 
-A. It does. 
I Q. In consequence of that, did you suggest to Mr. Kidd that he should 
lake a cake of a uniform quality ? — A. We did. I may say that the linseed 
y'om which genuine cakes are made, frequently contains a large quantity of 
]ipe-seed, which is very bitter, and the cattle very much object to it ; and 
aving had very many complaints 
Mr. Field : Are we to go into this ? I do not see how it at all arises. 
Mr, Justice Blackburn : Mr. Seymour seems to think it material. 
Mr. Seymour : In this aspect of the case, I think it material — it is suggested 
lat we have made this cake for the purpose of deception. 
! Mr. Justice Blackburn : It strikes me, at present, that it is not only sug- 
3Sted, but proved. 
Mr. Seymour : That is what I am going to explain. 
Mr. Justice Blackburn : Very well : I am willing you should try. 
The Witness : Our arrangement with Mr. Kidd was, that the cake should 
e of the same value — that the rape-seed and so on should be taken out of it, 
[r, in other words, that a finer seed should be used, and sesame-cake, which 
j as known to be a good feeding cake, and also bran, which is known to be a 
iood feeding article, should be used in the manufacture of it. Tliis cake has 
Iways, from the beginning, been sold by us not as a genuine cake — 
Mr. Justice Blackburn : Would you explain what you mean by being sold 
ot as a genuine cake ? 
The Witness : I will, my Lord, if you will kindly hand me that circular 
iQanded). Your Lordship will observe the circular — you will find that the 
['riangle Best appears at the top of the first column, and is not placed under 
genuine quality," neither is it placed under " pure quality ; " because, not 
,eing a genuine cake we did not wish to sell it as a genuine cake, and not being 
iure cake we did not wish to represent it as a pure cake. I myself have gone 
j)und the country, and I can .say positively that I have invariably told all our 
iistomers (who are dealers in the country) that the cake was not genuine, nor 
lid as genuine, nor pure, nor sold as pure. The price will be seen to be 101. 
ton — in other words, 25s. a ton below the price quoted for ])ure cakes : and 
e have never, to my knowledge, in any single instance, sold these cakes at 
bove the difi'erence in price that I mentioned. With reference to the two 
ms in question, those cakes were not sold as pure cakes. 
Mr. Field : I object to this. We have a correspondence upon this — • 
Mr. Justice Blackburn : The letters and correspondence will show how that 
, when we come to try Mr. Wells' action ; at present, we are not dealing with 
iiat, but with a general question. 
I Mr. Cave : The libel charges that this was sold as best linseed-cake ; therc- 
)re, I submit this becomes material to us. 
i' Mr. Justice Blackburn : If that is so, you must produce the documents 
lat passed between them. 
' Mr. Cave : I propose to do so. 
Mr. Justice Blackburn : If I remember rightly, when Mr. Field wanted 
ieiii in you objected to them. However, I suppose we shall have them in now. 
VOL. VIII,— S. S, 2 Q 
