600 Kidd V. Royal Agricultural Societi/ of England. 
hope you will like these cakes, Mr. Wells ; they are a very good, xiseful cake." 
He said, " Oh, they seem a good cake, I have tried some of them for 
mucilage (that is, by dissolving them), and they seem to show well for mu- 
cilage, and apjDsar to contain bran," or " but appear to contain bran," I 
don't know which he said. Either I or my brother then said, " they also 
contain sesame," and I said they were made by the same crusher as the K 
Pure — that Mr. Kidd had made them. I believe I have missed out something. 
I was rather surprised at his buying these cakes, because, although mis- 
takenly, I was under the impression that he only used pure cakes, and that is 
why I said those were useful feeding cakes ; and Mr. Wells said he was 
going to iry them upon his own stock, and I said he would find them 
good useful cakes. 
Q. Is that all that passed? — A. I think that is all relative to this. 
Q. And you told him there was sesame as well as bran in them 1 — A. Oh, 
yes. We had never made a secret of that. 
Q. And when you told him that did he make any objection or remark to 
it? — A. No, he knew they were 25s. under the regular price. He knew all 
about it. 
Cross-examined hy Mr. Field. 
Q. He knew all about it under the contract? — A. Yes. 
Q. That is what you say ? — A. I do. I say he must have known per- 
fectly well that these cakes were not pure best linseed cakes — \0l. a ton. I 
say Mr. Wells knew jierfectly well— must have known, because he is very 
largely in the cake trade, that a difference of 258. a ton could not exist in 
pure cake. 
Q. Do you mean that 25s. a ton would represent bran and sesame.? — A. I 
mean to say that these cakes are cheaper than the pure. 
Q. I am not asking you that — you are so very fond of these cakes ? — A. I 
think that is an answer to your question. 
Q. Do you mean to say he knew perfectly well there was sesame in these 
cakes?— ~A. No; I say he knew perfectly well they were not pure cakes. 
Q. Why did you not say upon your circular that they were not pure cakes 
— A. In Hull there are as many of one sort of cakes sold as another, and 
people in the trade know perfectly well the ditierent brands. 
Q. I am not talking about ])eople in the trade, I ask you this : Had Mr. 
Wells ever had any of this cake before ? — A. Not of this brand. 
Q. Then why did you not — as you are so anxious to tell everybody that 
your "Triangle" cakes contain sesame and bran — in your letter of the 19th of 
January, when you enclosed that circular, mention that to Mr. Wells ? — A. 
Because the brand is so well known that we did not find it at all necessary 
to do so. 
Q. That is your only reason — you knew that Mr. Wells always had best seed 
before. Tell me why, as you were so anxious to make the observation about 
sesame-cake, you did not mention it in your letter enclosing the^circular ? — 
A. On the contrary 
Mr. Justice Blackburn : Why did you not mention it in the circular ? that 
is what you are asked. 
The Witness : Because I did not consider it necessary ; Mr. Wells has 
bought common mixed cake before. 
Mr. Field : You wrote a letter with the circular — I ask you why did you 
not mention it there ? — A. Because we took it for granted he knew what cake 
he was buying. 
Q. You told him that it was " Triangle Best " linseed ?—A. He receives 
our circular every week. 
