644 Kidd V. Royal Agricultural Society of England. 
Mr. Seymour : Tw ice. 
Mr. Field : Gentlemen, it is a very remarkable thing that that man shou 
have been called this morning, and that we should not have heard a wo 
about that last night from anybody. I asked Mr. Kidd, and my recollecti 
is that I heard it for the first time this morning. 
Mr. Justice Blackbubx : I do not say they did not say so, but I certainlj 
had not noticed it. 
Mr. Field : My own opinion is that the witness was fetched this momi~ 
he was not here yesterday, and my recollection is that until this morning 
never heard a word about it ; but certainly Mr. Ayre, who gave us the acco 
last night very carefully of the mode in which the cake was made, did n 
rely upon sifting at all ; and it was from this gentleman first that we he' 
any assertion of this sort. 
Now the other witness, Mr. Glover, of Warwick, cannot tell us anything 
all. He does not confirm Mr. Ayre in any way ; he does not know what 
was he said, or of what composition he told him the cake was ; he only i 
he understood it was a cake which he was to have in place of the seco 
qiiality. He says, " I cannot say what it was, except that it was explained 
me that it was a mixed cake." Therefore he fails altogether in confirm" 
Mr. Ayre in reference to the very important question in which he is at i" 
vdih. Mr. Wells of whether or not he communicated this matter to the pub" 
INIr. Ayre having said last night that he told Mr. Hope there was sesami 
the cake, Mr. Hope comes this morning and says, " I did not know at 
time that there was sesame in it." 
^^'ell, now, Gentlemen, that brings me to the particular transaction out 
which this arises. I have dealt with the general circulars, and you will jud 
between Mr. Wells and Mr. Ayre ; and. Gentlemen, T am glad Mr. Wells ' 
recalled for the ptupose of clearing up his evidence, if there was any dou' 
about the matter. He says, " I have always myself dealt in pure cake, ex 
on one occasion." 
Sir. Seymodb : Two. 
Mr. Field : Two lots, but at the same time. But what is there to she 
that, because he bought them, he had the smallest reason for supposing i 
he was buying an ordinary cake when he bought this cake in question N* 
let us see what happened. Mr. Ayre, you know, is not content to 
upon his general circulars, but he opens the matter with this special circular 
" Triangle Best Linseed-cake. As we are now able to deliver cakes of t" 
brand, we beg to make you the ofi"er of ten or twenty tons, at 10?. jier to'^ 
subject to your reply in course of ix)st. The cakes we are now getting are 
superior quality, and we think this is a good opporttmity for buying, as th 
are decidedly cheap." Mr. Wells tells you that when he accepted 
ofl'er he understood he was going to get that which he had a right to ex 
namely, best linseed-cake, and not a comixisite cake of linseed, and someth'" 
else. Accordingly he gets a .sample ; but you know, Gentlemen, what hap" 
here is that which happens very often, the sample is good to the eye a 
touch, and perhaps even to the taste and smell. We shall see by and 
how that may be. But I think I shall be able to show you that the arti 
complained of is not satisfactorily proved to have been made of the 
materials as the sample was. Certainly it is not that which I expected 
would have turned out, and which you know is very vahiable in a case oft 
.sort when it exists, namely, a jxtrtion of the same thing. Had the cake, as 
think my friend opened it, of which the two tons formed part, been actual!.' 
manufactured on the ]9th of January, and this sample had been one of tin 
cakes taken out from bulk and sent to Mr. Wells, of course the case wouK 
have l)t'en very considerably advanced. But I shall show you presently tha 
tlie two tons of cake which went to Mr. AA'ells came into exi.stence only on thi 
