Kidd V. Royal Agricultural Society of Enyland. G81 
Mr. Justice Blackburn : Yes. 
Mr. Field : And what I should propose to do is that your Lordship, taking 
the verdict of the Jury, should deal between my friend and myself, and say 
what should be done with the three cases remaining. 
Mr. Justice Blackburn : I cannot do anything with regard to the other 
t\vo libel cases. Of course you know from my summing up what my view of 
the matter is. It will be for the parties to consider whether they will settle 
them. If you choose to go on now, the Plaintiff has a perfect right to do so ; or, 
you may settle them. The question is which you prefer — whether you will 
try the question again now, or wait till the next Assizes, when j'ou may have 
a different Jury and a different Judge. But as to the case of Wells v. Ayre, 
the breach of contract case, there are a great many points of law arising upon 
that ; and it struck me that if Mr. Wells were not to insist upon the price of 
the cow, but was content simply to try the qtiestion of the price of the article, 
■11 might easily agree upon tbat and make a special case of it, leaving the 
■ art to draw inferences. But as to the two libels I can say nothing alx)Ut 
tiicm ; but must leave it to the parties to settle amongst themselves. 
[The learned Counsel consulted together.] - 
Mr. Justice Blackburn : I think perhaps the best plan would be to go on 
Avith Xo. 6, passing over these cases for the present, and then you will have a 
little more time to consult. 
Mr. Field : My friend and I are both engaged in No. 6. 
Mr. Seymour : We are not losing time my Lord. 
Mr. Field : We are making some progress. 
Mr. Justice Blackburn : Oh, if you have a prospect of coming to terms, by 
all means do so. 
Mr. Seymour : My Lord, I have made my friend a proposition. 
Mr. Justice Blackburn : Do you wish to settle it now ; or, as I said before, 
will you go on with the other cases and let this stand over till to-morrow, so 
that you may have a little more time ? 
Mr. Field : Your Lordship sees all our witnesses are here, and we are very 
anxious to dispose of this at once, in order that they*may all go away if 
possible. 
Mr. Justice Blackburn : Then it is very desirable that you should do so. 
[The parties again consulted.] 
Mr. Field : I think my friend and I have agreed as to what is to be done. 
I am willing on the part of the ' Yorkshire Post ' newspaper that a verdict in 
their case should be taken for 40s. with a certificate. 
Mr. Seymour : Your Lordship will certify for a Special Jury and costs.? 
Mr. Justice Blackburn : The costs of the Special Jury you have not paid 
or incurred. However, you are willing to take a verdict for 40s. with a certi- 
ficate for costs ? 
Mr. Sevmour : Yes. 
Mr. Field : Yes. 
Mr. Justice Blackburn : If you are agreed upon that, I have no objection 
to that course. 
Mr. Seymour : Including any costs incurred in striking the Special Jury. 
Mr. Field : With regard to the other two cases, Nos. 3 and 4, we will make 
them remanets till the next Assizes. 
Mr. Justice Blackburn : Very well. 
Mr. Field : AVith regard to No. 6, it is to be open to my friend and myself 
to agree upon the facts and turn it into a special case. 
Mr. Justice Blackburn : You do not need leave for that ; that is open to 
you on either side. Very well, then ; there will be no objection to these two 
being made remanets. 
