Kidd V. Royal Agricultural Society of England. 653 
he writes this : — " Our position is that we have published a hbel consisting of 
facts supplied by you, and we must therefore look to you to verify those facts 
and thus substantiate our plea of truth and justification." So that on the 
'J3rd of March, when questions are being asked and interrogatories are bein;^ 
put by the Secretary to Mr. Wells, his attention is being called to the condition 
of the beasts on the Sancton Farm and to the question of whetlier ho 
gave them fresh mangolds. Another letter, written next day, shows that they 
arc making inquiry. That is on the 23rd of March, whereas on the 11th of 
March had gone forth to the public this grave imputation involving Mr. Kidd 
obviously on the face of it in the serious charge of having manufactured cake 
which was as bad as the bad linseed-cake supplied to Mr. Eaton, which justi- 
lied the Defendants in classing his cake uuder the head of " so-called poisoning," 
and as being made from "dirty linseed and the sweepings of corn warehouses." 
Gentlemen, I venture to say that you will agree with me that my comments 
on that part of the case are fairly deserved, and although I do not make a 
complaint of the body my I'riend represents, I do submit to you that the letter 
of the Secretary shows that they lent too ready an ear to the whispers or 
charges and complaints of Mr. Wells, and that it would have been better for 
them, before publishing this Report, to have placed themselves in communi- 
cation with Mr. Kidd, in order that they might ascertain what the real facts 
were. There is one other thing also which I think 1 ought to mention ; if they 
had remembered the character of the circular, issued by Mr. Ayre, it is impos- 
sible that any one who was preparing a fair report could have inserted this — 
" A small sample of this cake had been sent before purchase to Mr. Wells as 
Best Linseed-cake " — the c;ike had been sent to Mr. Wells as " A Best Linseed- 
cake ; " and although the matter may be simply one for observation or com- 
ment, still on a question of accuracy, dealing iivith the class of people through- 
out the country amongst whom this libel was circulated, and who know what 
the meaning of these words is, I think I am entitled to submit to }"0u that it 
was not a correct description of this cake to say that it had been sold as " Best 
Linseed-cake" when it was sold as " A Best Linseed-cake." 
But, Gentlemen, that is not all. You have a statement here on the face 
of this libel, that this cake was sold as Best Linseed-cake. Now that would 
convey the idea that it was sold generally, and that the parties who were 
dealing in it were supplying it to the public 3;enerally. But, so far as Mr. 
Kidd is concerned, it is perfectly clear that this cake was supplied by him to 
Mr. Ayre ; and although I am not here for a moment to say one word which 
is not entirely in support aud vindication of Mr. Ayre, yet I am here, and I 
iun supported by my friend in the observation I am going to make to you — 
I am here to say that Mr. Kidd is the manufacturer ; that the circular was 
sent, and the letter written by Mr. Ayre to Mr. Wells, and that they are not 
things for which he is in any way responsible, or as to which he was con- 
sulted in any way whatever. What he sold he is responsible for, and what 
knowledge his customer possessed he is responsible for, and it is perfectly 
obvious in this case, that, so far as Mr. Kidd is concerned, what he sold to 
Mr. Ayre was that which Mr. Ayre knew the component jjarts of; he knew 
it from Mr. Kidd when he first entered upon the preparation of this particular 
article ; they discussed it j^ears ago — the jDroportion of linseed, the proportion 
of sesame, the proportion of bran, was a matter arranged between the parties 
when they first commenced the making of this " Triangle Best Linseed-cake." 
Therefore, Gentlemen, I say I agree \vith my learned friend, and I think it is 
a matter worthy of your attention, that it is more or less a bye issue, if you 
are to allow Mr. Kidd to be in any way affected by any question as to whether 
the circular that was sent round and advertised, and circulated by ilessrs. 
Ayre, lirotliers, is not as full and as distinct as if you were prei)aring it now 
in the light of this trial, you might have thought it wise to prepare it. But 
