646 Kidd V. Royal Agricultural Society of England. 
was engaged in making ordinary cake ; and do not forget that in that ordinarj 
cake the siftings go as a part of the manufacture. Therefore, you have the 
presence of foreign material produced by these siftings, brought at all eventi 
into close contiguity with the very two tons that are now in question before 
you, because the very day before that mixing process was going on the 
ordinary cake was being made. On the 13th the cake in question was made ; 
only two men were employed u]"ion it, and you have this fui ther fact, recollect, 
to show that those two tons first came into existence on that morning, that 
Mr. Ayre says he told Mr. Wells on the 12th that the cake was not then 
made. So that on the 12th they begin to make it, on the 13th a certain 
quantity is made which one of the witnesses said would go out that day. It, 
did go out, and these are the two tons you have to deal with. Now what 
happens next ? Let us glance over Mr. Wells's position ? You have, had 
before you — I am not going to weary you by going into particular details — 
himself, his bailiffs, his farm-servants, and everybody connected with the 
farm. You will judge, of course, how they gave their evidence, whether 
truthfully or not ; and by the cross-examination my friend administered you 
will judge whether you can depend upon what they said. I venture td 
think they are witnesses which you will say are to be relied upon. They 
gave their evidence in a straightforward way, and the conduct of Mr. Wells 
and everybody throughout from first to last has been entirely consistent witii 
his present contention. Eight or wrong, he has persistently asserted the 
case which I make to-day on the part of the Defendants. Now what were 
the circumstances, because it is very important when you consider what 
happened. At Booth Ferry he has feeding beasts — the mode of feeding there 
being straw picked over in the morning, a bushel of turnips and iJotatoes 
about half-past seven or eight, and seven pounds of cake at about two o'clock. 
That is for the beasts at Booth Ferry. Then besides the beasts there are 
cows there. Their mode of feeding was this — they had " chop " in the 
morning, and some mangold the first thing ; some more mangold further ou, 
and about two o'clock they had a less portion of cake than the feeding beasts, 
they had about six pounds instead of seven. At Airmyn Pastures the cake 
is given to the animals the first thing in the mornins;, but instead of having 
there on the occasion in question six or seven jDonnds of cake which was 
given at Booth Ferry to the cows, and the feeding beasts, only 4J lbs. 
were given. I beg your attention to that because it will be important when 
you come to consider and compare the degrees of illness and distress which 
these poor beasts suffered in reference to the quantities of this deleterious 
article which they had taken into their stomachs. There is one thing more, 
and then I shall have done with this part of the case for ever. At Sancton, 
where the five tons went, which my friend was so anxious to bring in, the sheep 
refused it : they ate it afterwards chopped up, and that was the only shape 
they would eat it in ; and the beasts who took it had only 3 lbs. of cake between 
them, and that cake was mixed with " chop." To my mind it confirms my 
case, and is an argument which, if my friend had not used, I ^should have 
used myself, as confirming tlie cause which I assign the illness of these 
animals to. Now let us see how far I am justified in that. First of all, there 
can be no doubt I think at all that what produced the illness was the cake ; 
and I do not think my friend can or will dispute it. There is only one 
witness who put any doubt upon it, and he was clearly mistaken in his facts 
— that was the veterinary-surgeon, Mr. Holmes, who put it down to the 
subsequent feed of turnips, which he said the animals got. But I think you 
will find beyond all doubt that they never got any such subsequent feed. 
Mr. Justice Blackburn : I looked back at my notes, and no doubt the 
evidence of the witness who fed the beasts is that he had just fed. three 
of them with potatoes, when he found that the fourth was ill, and then be 
