Kidd V. Royal Agricultural Society of England. 599 
Q. And you have heaid the evidence that he has given '! — A. Yes, I have. 
Q. Is it correct ? — A. It is correct. 1 think he has not given the conver- 
ition so fully as it really happened with Mr. Wells in our office. 
Q. I was going first to ask you one general question — Have you also when 
'■lling these Triangular Best cakes given notice to the parties you were dealing 
ith that it was a mi.xed cake ? — A. I have always given it out so. When 
• e first introduced the cakes, my brother travelled round the country. 
Mr. Fleld : Don't tell us what he did when he was travelling. 
. The Witness : TravelUng with the firm's instructions. 
Mr. Seymouk : Was it with instructions from you ? 
Mr. Field : I object to that. 
Mr. Justice Blackburn" : We can't have that. 
Mr. Field : I object to the instructions. 
Mr. Justice Blackburn : I don't think we can have the instructions either. 
The Witness : I myself have always done so. I have always represented 
cake made from sesame and bran, and that they had been introduced 
ad of the " genuine," because at the time the genuine were made, the 
. from which they were made was very full of small extraneous seeds, 
rhat complaints constantly came in of their being bitter, and of the cattle 
-ing them. And we said to the crusher " If you will make us a cake, 
;ustead of all these bitter seeds will put in bran, we can sell a good deal 
that cake, because we will put that to our buyers ; and they would rather 
we good bran than nasty seeds." Some time after, when the sesam^ was 
duced, it was found that sesame was a good feeding cake, and we agreed 
iaalf the bran should be taken out and sesame put in its place. 
Mr. Seymoue : Did you inform the persons with whom you dealt of your 
asons for introducing it? — A. Yes, we made a great boast of it. We felt 
iiat we had made a great march in the trade in introducing it. 
' Q. Talking of a great march, I will just ask you this — Within the last few 
■ars, how many tons have you been doing in the trade.? — A. Our last year 
as about 39,000 tons, I believe. We have increased our trade by about 
KX) tons a year for the last six years. 
Q. And in those six years about how many tons have you sold? — A. Well, 
ion't know. 
. Q. Well, over two millions ? — A. Xo, not tons. Our turn over in amount 
is been two millions, 
. Q. I think you have supplied in sales something like 169,481 tons in six 
ars ? — Yes ; that is so, tafeen from the ledger. 
Q. Has your business been gradually increasing at the rate of something 
ce an average of 7000 tons a year since you have been in business ? — Yes. 
may state that we have the largest trade in Great Britain in the cake trade, 
'e do nothing but in cakes, and, therefore, we could not trifle with our name. 
Q. There is one more qirestion I wish to ask you. Do you make a farthing 
ore in selling these " Triangle " cakes than by selling any other cake ? — A. 
ot a farthing more. We sell what we are asked for, and we make no more 
ofit on the one than on the other. 
Q. You say you were present at the conversation with Mr. Wells ? — A. 
(vas. 
Q. Just state, as nearly as you can recollect, what passed ? — A. Mr. Wells 
me into the office rather excited and annoyed at the delay which had taken 
ace in the delivery of his cakes, and we apologised, and said we were ex- 
edingly sorry. He asked how it was, and we said Fearnley had not sent 
vessel. We afterwards said the cakes had not been made, which really 
ris partly true also. Fearnley had not sent the vessel, but if he had sent 
vessel on a certain day they would not have been made. At the same 
uu I simply mention that as part of the conversation. I then said, " 1 
