642 Kidd V. Royal Agricultural Society of England. 
simply because they choose to say we think the linseed is too good ; if they 
choose to put siftings into that, or if they tell the public they choose to put 
sesame and bran, instead of linseed, into cakes, and call them " Triangle Best 
Linseed-cakes," that is a matter which I say they are not justified in doing ; 
and when they can give no explanation of that, I say it is a matter which you 
will require them to satisfy you very clearly and satisfactorily upon to prove 
tliat they have not done that which they are charged with doing upon this 
jiarticular occasion. 
Now how is that attempted to be got out of ? By being told that " Best " 
is a trade mark. I was astonished ! That that which you choose to call 
" best," that that which you choose to call " linseed," that that which you 
choose to call " Best Linseed-cake," is all only a trade mark, and is not at all 
intended to assert that which in plain and .simple language it does assert! 
Gentlemen, it strikes at the very root of every commercial transaction. You 
first of all receive a circular inviting you to buy an article ; you are told that 
it is best linseed-cake. What difference does the triangle make ? None 
whatever. It is that, indeed, which is the trade mark. Why you know 
Messrs. Bass and all those persons have their bloody hand, and their triangles, 
and different trade marks, but is it to be said that therefore Messrs. Bass, 
instead of putting 100 per cent, of malt and hops into their beer, might put in 
a proportion of one-halt of any other product, and that because they put their 
trade mark upon the bottle that would be an intimation that they were not 
.selling that which they distinctly stated they were selling. Gentlemen, you 
know that would be entirely out of the question, and so it is entirely out of 
the question, as I submit, in this case. 
Gentlemen, we are told that this had been going on for four years, and my 
friend is very strong upon the question of the circulars which have been issued 
and which he asserts indicate to the public that that thing is what the Plain- 
tiff says it is well known and understood to be — a compound mixed cake and 
neither " genuine" nor "pure " nor " best." I am astonished, I must confess, 
when I look at the circular that he ventures to rely upon for that assertion. 
I hold in my hand a copy — 1 think you have one of them — which is dated 
31st January 1872. They are all in the same form and therefore for the pur- 
pose for which I am going to observe upon them, they are all equally good. 
Now, do just look at the mode in which Mr. Ayre describes the cake. He 
begins by saying "Issued to the trade only," but. he says, he sent them to 
Mr. Wells, and Mr. Wells says he was in the habit of receiving them, but he 
never took any notice of this, and certainly those circulars did not ibrm the 
foundation of this transaction, because to that specific circular of the 19th 
January I shall call your attention presently. Well now, just look at this 
circular ; in large type (I do not know what sort, for I am not a printer), but 
so as to draw every one's attention to it, is written " A Best, 10?." Theu "A. 
C. Best, 10?." "A. C. Pure, 11?. .5s." with wan-anty. Now, I will ask you, is 
there more described than certainly two classes of cake — " Best," "A. 0. Best," 
and " A. C. Pure," the labour of screening being as I said before, allowed for by 
the extra price. But there it is in large letters the " A Best " which JVIr. Ayre is 
so desirous, as he tells you, of pushing, but which the gentleman I'rom Durham 
does not like to push at all — that is the cake which he invites people to buj^, 
and there it is described in exactly the same terms as the best linseed-cake. 
Well, my friend seems pressed by that, and so he examined Mr. Ayre about 
it. "Oh," says Mr. Ayre, "he knew from the circular it was not that, becau.se 
it appears iiuder ' ordinary quality.' " Does it ? Nothing of the kind. A lino 
is drawn under these three things, and then you get three columns of other 
descriptions — " ordinary quality," " genuine quality " and " pure quality ;" and 
Mr. Ayre has the ingenuity (or call it what you will) to say that, because the 
"Triangle Best, 10?." happens to be over "ordinary quahty," there being a line 
