January i, 1889] THE TROPICAL AGRICULTURIST. 
453 
Reoina v. Ellen. 
Heard 14th November at the Mansion House before 
Mr Alderman Kuill. Mr. Albert Gray* instructed by 
m ,Y ; J - Orossfield, appeared for the prosecution, and 
Mr. Poland tor the defence. 
Mr. Gkav, in opening the case, said ;—This is a 
prosecution under the Merchandise Marks Act of 1887, 
passed last year for the prevention of frauds in the 
marking of labels on tea and other descriptions of goods 
♦ h W u U b ° aware ' Hir » tbat t,1Ufi ° frauds have been 
the subject of a great deal of discussion in commercial 
circles. 
Mr. Poland, interrupting, remarked that Mr. Gray 
was dealing with matters not before the Court. 
Mr Okay proceeded :— This prosecution is instituied 
by an A-'sociatiou composed of gentlemen interested in 
Ceylon affaira, and engaged in business in the City of 
London. Ceylon tea has attained a good position in the 
market. The action of the defendant of which we claim 
is that he has knowingly marked as Ceylon Tea, tea 
w i; !h is largely China tea. (Packet of tea produced.) 
Ibis packet, sir, was purchased at a shop down iu the 
country. '.Ve will prove the purchase. The Act pro- 
vides that if the retailer will give the prosecution 
every mformation that it is in his power to supply, 
and Will p,ove that ho was deceived— that is to say 
il Iio will show that he innocently purchased the lea 
troin the person who applied the false mark: that 
person an i not the retailer, must be proceeded against 
in tins case it is proved to be the def. ndant who 
applied the lableL. If you, sir, will kindly look at 
this park it, you will see that it is entitled "Pure 
Ceylon Tea" m very large black letters, and under- 
neath is a drawing of a house with the word 
Bunga.ow ad led, and at the side in very small 
letters the words " Blended with the earliest spring 
pickings of the most noted estates of Assam." You 
will, sir, apply your own commonseuse as to what 
this description would be taken to mean by the 
ordinary customer. There is another question. The 
witness who will be called will statu that the tea 
mixed with the Ceylon tea in tho packet is not 
Assam, but '< L-hiua." Witnesses will tell you that 
a great mass of Chiua tea is sold at Mincing Lane 
and at much inferior prices to those obtained for 
Ceylon tea If, therofore, this tea was largely 
Utnna, a traud of a serious nature will have been 
commuted in this respect. Great damage is done in 
this way to the Ooylon tea trade. Advantageous for 
the China trade, very likely ; but even that is doubt- 
lul, because the tea is not sold under tho name of 
China tea. I see , sir, that you have a copy of the 
Act before you, and need therefore only call atttentiou 
to the special clauses under which this prosecution 
IS instituted. (Clauses cited.) Tho tea in this present 
ease his been analyzed by competent men. If tho 
description of "Pure Ceylon Tea" is a filse 
one, most undoubtedly an offence has been com- 
mitted. It is not as if the label made the 
words " Blendel &c." large like the words -Pure 
Oeylun Tea." The clause relating to blending is in 
such small typo as to be almost concealed from the 
intending purchaser. 
The ftrat witness was GeoHOE \V. Smith, who said :— 
1 am manager to Messrs. Loetsou, fishmongers and 
greengrocers of Chobbaru Road, Woking. 
Examiiud by .Mr. Albkri Gray: -About the end of 
August or -Sept. -ml. r la.t was a p.ircel <il nt 
to you by defendant:— V s. 
The Aldhrman:— Did yon recoivoit? Whore's the 
invoice Y (Invoice produced datid 28th August • r n- 
• wad by '• A. J. Kllon, agent for Bungalow C.ylon 
tea, packed in lead.") 
Mr. GRAY :— On whit terms was this supplied r>n 
or return! Was mere one description of 
l a in tho pun- I, ,,r two ' 
Mf. Pound:— Whal in I he us., of atking a fi-h- 
m «n?" r t0 ,llMCriu " different qualities i.f I,. , y 
The AlokiiUAN (to Mr. Gray):— I understand s mi to 
a»k the wituess how ■m o d. acriptions „f u-ii' there 
wero laid to be P 
Mr. (iiiAT : -Corl ilnlv. 
WitnOiSSlid that ho bud always thought th > te» was 
the same in quality, differing only in price. One was 
sold at 2s and the other at half a crown. 
Mr. Gray: — Did you sell a packet of tea to Mr. Wain- 
wright? Yes. (Mr. YVaiuwrigh; identified by witness). 
What kind of tea did Mr. AVainwrightpurcha.se': Two 
shilling tea. You sent back a considerable quantity 
of the tea altera time, did you not ': Yes. 
Cross-examined by Mr. Poland. — Loe & Sou are 
fishmongers ': Yes ; and greengrocers. Did you sell 
tea.? Yes. Q/reen tea, of course': No, sir. Then 
the shop was half a fishmonger's, and tbo other half 
a greengrocer's, with a little game thrown in ; and 
occasionally some tea Y Yes. Were you asked to 
buy and sell this toa by the Planters' Association 
Limited, or whatever the name is? Yes. (Witness 
I afterwards said no.) Then who was it a.sked you 
to buy it': Mr. Ell n's traveller. And it was bought 
on sale or return P Yes. How much of the tea 
did you keep altogether ? Twelve shillings worth. 
How much of each sort ? ; (No answer.) Have you 
any that you kept still unopened in your shop P No. 
Then it 's all sold Y No ; two packets were kept for our 
own use. They are unopened. That's right you're 
quite welcome to use it. It's good lea. What sort is it 
that you have kept. One packet of each sort. 
Did you know Mr. Waiuwright before ho bought 
that toa of you? No. Are you quite sure it is he? 
Yes, I think so. What colour was the label on the 
tea ? Yellow. 
Re-examined by Mr. Gkay:— No other person asked 
you to purchase the tea besides Mr. Allen's agent ? No. 
Wm. Langworth Wainwbight said:— lam a medical 
student, and I reside at Woodside, Weybridge. On the 
20th September last I purchased a packet of tea at 
Lues shop at Woking. The price was two shillings. 
Examined by Mr. Giiay :— What did you do with the 
packet when you had bought it ? I left it at my grand- 
father's at Woking. And you did n't see it again ? No. 
Does your father live with your grandfather ? No. 
Cross-examined, by Mr. Poland: — You did n't buy 
this tea at your dispensary ? I have n't a dispen- 
sary. Did your father ask you to buy it ? Yes, left 
it at^ my grandmother's. Oh, your grandmother! 
You 'vo ohauged the sex. I hope your grandmother 
is quite well. Did you hand the packet to your 
grandmother ? No. I left it in tho ball. And you 
didu 't put your initials on it, nor mark it with a 
lancet ? No. 
The Aloehman. — What business i3 your father in? 
He has no business. 
James Gadesde.n Wainwright, examined by Mr. 
Gray:— What is your occupation ? I am not engaged 
in any trade. Did you at the end of September get 
a packet of Ceylon tea? Yes. I instructed my sou 
to buy it at Messrs. Loe'a. How was it sent to you ? 
It came by hand. I dou't remember who bought it. 
Ia the packet produced the packet bought to you ? Yes, 
to the best of my belief. Look at the label. 
Mr. Poland : -They are all alike. 
Mr. Gray :— The labels were all the same as that ? 
Yes. What did yon with the toaV I took it to 
Mr. Leako. 
Orass-examined by .Mr. Poland :— To whom did vou 
doliver the toa? To Mr. Leake. 
William Martin Leake :— I am a cement manu- 
facturer. 
Examined by Mr. Gray:— You are interested iu 
Gey on? Yes; I am the agent in London of the 
Ceylon Planters' Association. On or about the 20th 
of September did you receive a packot of tea from 
Mr. Wainwright? Yes: it was on the 25th. Is that 
the packet ? (Produced.) That is the packet. Was 
il uall f .Yob; quite intact. Did you take boiiio 
QUtr los, I gave samples for report. To whom? 
I gave one portion fo Mr. Stehn, and nnotbor to 
Mr. Hunton. 
Ofto$.examiimi bv Mr PobAttD :— Yon wanted sam- 
ples nf tea bought for ih.j purpose of instituting prose- 
cutions, did yon nut { Y« a ; 1 have received instruc- 
tions from my Association to proceed against oflouders 
under thu Merchandiso Mark I Act. Did it occur to 
you to send a portion of the to* to Mr. Ellen, to 
enable him t, leal your i . nonunion Y No; it did 
not. Thou you did not kuow that oodei the Drags 
