Kidd V. Royal Agricultural Society of England. 649 
the pretence there ? Tlic theory suggested by my friend by his cross-examin- 
ation of Professor Sinionds was this, that tlie cake o]ierated to set u^) the 
icheniical action of fermentation witli the tnvnips and potatoes that were there 
before ; but by half-past seven in the morning the rumen was empty, and the 
witness he called does not give more than four hours as the maximum for 
the action in the rumen. In the one case they got their turnips at half-past 
iseven and did not get their cake till two, and in the other they got their cake 
| the first thing in the morning when the rumen was empty. 
» Gentlemen, I am trying to deal with all the heads of argument that my 
learned friend is likely, as far as I can judge by his cross-examination, to put 
:to you in his reply. He did not quarrel with the mode in which the farm of 
:Mr. Wells was carried on ; he did not cross-examine or call any witnesses 
(except one upon that, who says that 5 lbs. was too much. We show you that 
i5 lbs. was a moderate quantity by the evidence of Mr. Wells and his two 
bailiffs, who have been with him and his uncle for 35 or 40 years, and have 
carried on the farm all that time with very great success, and it is not sug- 
'2;ested for a moment that this thing ever occurred before. Is it to be supposed 
that these beasts had never been without cake before for an interval of time, 
md that hoveu and tympanitis, if that was the cause, would have been as 
j'requent as some of the veterinary surgeons say it is whenever beasts get into 
I field of clover or at a pile of new-mown hay V Do you think that would not 
[have occurred before ? And what is more, if it is to be a question of time, 
'1 ask you to look at this — the same animals were without cake for as long, or 
1 longer period of time than the cows at Booth Ferry were without it, they 
.\cre put on immediately again with their 6 or 7 lbs. feed of pure and good 
iholesome linseed-cake, and they stood it well, and are in perfect health up 
I the present time. That happened at one place twice, and on the .second 
iccasion it took place after an interval of ten days, without any injury of any 
Isort or kind. Gentlemen, you know, had there been any substantial conflict 
in point of science between Professor Simouds, whom I called, and the vete- 
irinary surgeons called by my learned friend on the part of the defendant — 
had there been, which there is not, any substantial issue of fact or science 
between them, I should unhesitatingly have appealed to your common sense 
'ind knowledge of farming to say that the account given by Mr. Wells and 
iProfessor Simonds is the accurate and correct one, and that it is impossible 
to assign, as far as I can judge, any cause whatever lor this death and distress 
.amongst Mr. Wells's beasts that can be in any way due to aught but the 
iidministration of the cake itself The same course that has always been 
'idopted is adopted on the occasion in question ; the same course is adopted 
ifterwards, with perfect innocence and harmlessness on every occasion except 
>:his one. My friend, I suppose, will say my argument is post hoc ergo propter 
hoc ; but did you ever find cause and effect so immediate at both places — in 
three-quarters of an hour, before the man has had time at one jilace to give 
(Ohem their potatoes ; and three-quarters of an hour at the other place, where 
!ihe beasts are just as bad exactly in the same way ? It is so immediate, so 
'lirect — what else can it be due to ? Unless my learned friend can satisfy you 
;hat it is due to some other cause, what can it be due to except to this 
mwholesome cake which was given to the cattle.? 
Now the next question we have to consider is. Is there in the cake that which 
'jvould lead you to this conclusion.? and to consider how far my learned friend^ 
las by his evidence negatived the existence of any such ingredients. First of 
dl, you will recollect I have proved by three or four witnesses the existence 
u this cake of foreign articles — not the seeds growing with the linseed, but 
lififerent things in the shape of wheat, cocoa-nut, mouldy wheat, husks, and 
hings of that sort, which could have no business there unless they wens put 
II in some shape or other. Now, does ray learned friend by his case negative 
Mil 
