Kidd V. Royal Atp-icultural Societij of Enfjland. 603 
cakes and pure everything, but I have sold this for what it was, and I have 
never had a fault found. 
Q. You have pushed pure cake, and you have sold them this " Triangle 
Best" for what it was? — A. Yes ; I told the people distinctly what it was. 
Q. Then am I to gather from that, that telling people what was pure and 
what this was 
Mr. Field : Please, Mr. Seymour, do not gather anything. 
Mr. Justice Blackburx : 1 think it would be better if you would simply 
ask questions and let him state facts. 
Mr. Seymour : Did you tell the ])eople what this was '1 — A. Yes. 
Q. Did you find the sale of this cake increase.? — A. I pushed the pure 
linseed-cake, but this always sold well, it sold freely ; but we never pushed 
it, because we always gave preference to the pure. 
Cross-examined hy Mr. Field. 
Q. What do you suppose your percentage of sales would be of the " Triangle 
Best " and of the pure ?—A. Speaking off-hand, and as near as I can go, I should 
think I sold from 30 to 35 tons of pure to 2 of " Triangle Best." About that : 
I would not like to be exactly jwsitive to a fraction. 
Q. Whose " pure" cake do j'ou sell ? — A. Oh, the best there is. 
Q. Whose ?— ^. Kidd's " K Pure " and " H Pure." 
Q. Did you issue circulars to your customers? — A. Yes, occasionallj-. 
Q. Have you got any of your circulars here? — A. I have not. 
Q. I should like to have seen them. Did you mention in yoiu' circulars 
(I will take your word for what they are) that this was a cake other than 
"Triangle Best" linseed ? — A. I do not exactly understand your question. 
Q. Did J'OU in your circulars give it any other description than that of 
"Triangle Best" linseed-cake? — A. 1 put it under that term.. 
Q. Will you answer my question, please ; it is a very simple one. Did 
you in your circulars mention it under any other description than that of 
" Triangle Best " linseed-cake ? — A. No, I did not. 
Q. Or in j'our circular draw the attention of your customers to the fact 
that it was sifted linseed with bran and sesame ? — A. I did not push that 
article. 
Mr. Justice Blackbden: Do attend to the question. Did you in your 
circular mention anything about its having anything in it but linseed? — 
A. I did not. 
Mr. Field : "What is the meaning of the word best ? — A. A trade mark 
purely ; the same as Colman's Bull's Head on the mustard, or any other 
m^rk. 
Q. What is the meaning of the word best ? — A. Comparatively — 
Q. What is the meaning of the word best ; it is an English word ? 
Mr. Justice Blackburn : Every one knows the meaning of the English 
word. He says, in this particular way, it is used as a trade mark. 
Mr. Field : " Best" is a trade mark.? — A. It is. 
Ee-€xamined hy Mr. Setmour. 
Q. "Best" is a trade mark, and "Triangle Best" is known in the trade as 
pointing to this particular composite article ? — A. Decidedly. 
Mr. Justice Blackburn : I just want to be quite sure about this. I gather 
from you that you say that until this trial it was quite a surprise to you to 
find that there was 20 per cent, of sesame in this ? — A. I did not know before, 
but I knew about the bran. 
Mr. Justice Blackburn: I know; you have told us about that. 
