132 
THE TROPICAL AGRICULTURIST 
[August i, 1890. 
tea ? He would get one of those packets given to him, 
and the question was whether he ought not to suppose, 
from the visible description on the label, that he was 
buying pure Ceylon tea, unless he was actually told at the 
time that the tea was a blend. When the word “ pure ” 
was used with the word “Ceylon ” in important-lo' king 
letters across the front of the label, he (counsel) wou d 
submit that the sellers were not entitled by means of 
words tucked away and concealed to be exonerated 
from blame if they sold a blend to the purchaser. 
When it was considered that the description on the 
label was not the effect of accident but of design, ho 
felt that a conviction was bound to follow. He would 
point out that it wes not a question of infringing the 
trade mark of anybody; that was an altogether different 
charge. The analysts and professional experts to whom 
the tea had been submitted would pronounce it to 
be composed principally of Indian tea, with very little 
China, and hardly any, if any, Ceylon. 
Mr. Skieeow was then called and examined by Mr. 
Gray. He said he was a traveller for a firm called 
the Ceylon Tea Growers, Limited. On 24th Maybe 
had purchased packets of tea at Weetover's shop in 
Lewisham High Street. He had sealed four packets 
in the presence of a witness ; the packets were all 
closed when bought. He then took two packets to 
Mr. Leake, Secretary of the Ceylon Association ; one 
he handed to bis witness, and the fourth he retained. 
Mr. Wm. Maetin Leake, examined by Mr. Gray, 
said he was the Secretary of the Ceylon Association in 
Liondou. He had received, some time after May 24*h, 
some packets of tea from the previous witness ; and 
samples of that tea were handed by him to the experts 
for testing. 
Mr. Geobge Stehn was then called, and said that 
he was manager of Messrs. Wilson, Smithett & Com- 
pany’s tea rooms at 41 Mincing Lane. In answer 
to Mr. Gray he said bis experience extended over 
13 years. On 27th May Mr. Leake brought a 
packet of tea to bis place of business, and 
gave him some of it. He submitted it to the 
usual testa and tasted it. He found it to be a blend 
principally composed of Indian tea, with a little 
China. It was possible that there might be some Cey- 
lon in it, bat if so it was very little. He had been to 
Ceylon. 
Mr. Gray; — Do you know of the existence of a Black- 
moor Vale Estate in Ceylon ? 
Witness: — There is no such estate there. 
Mr. Asquith; — We don’t pretend that there is. 
In Cross-examination witness said that more than 
a t ea-spoonfnl of tea was used in testing. Asked as 
to the method ©f testing, witness explained that it 
was done in the usual way — by pouring boiling water 
on the leaves and tasting the liquor, and by smelling 
the leaves both before and after infusion. 
Mr. Asquith; — But do not Ceylon and Indian teas 
belong to the same class or family ? 
Witness: — They have marked characteristics of their 
own. There is a great difference in flavour. 
Mr. Asquith; — That is strange. Are yon sure of it ? 
Yes; yon wouldn't think it strange for there to be 
a difference between the flavours of a glass of sherry 
and a glass of port. 
Mr. Asquith;— D o yon mean to say that there is 
BB much difference between Ceylon and Indian teas 
as between sherry and port ? 
Yes ; the difference would be as apparent to a prac- 
tical tea-taafer. 
Continuing, witness said that the price of the lower 
grades of Ceylon tea was about 2d higher than 
that of the corresponding grades of Indian in 
the market. It was one of the lower gradis 
of Indian tea that had been used in the prickets 
in question. The flavour of China tea was very dif- 
fer« nt from either Ceylon or Indian. Pressed forhis 
view as to the actual proportion of Ceylon tea in the 
packet, witness said that it might be as high as 5 per 
cent ; but in his opinion there was not so much. 
Mr. P.OBKRT Anderson was examined by Mr. Gray, 
and said that he was manager of the Indian and 
Ceylon tea department of IVlessrs. Arthur Capel & 
Company. Mr. Leake came to him on the previous 
ay with a packet of tea, some of which he gave 
him. Witness turned it out and weighed it up, and 
then submitted it to the usual test and tasted it. 
His opinion was that the tea was mostly Indian with 
a little Chins. He coaid not find the least trace of 
Ceylon in it. He was engaged in tasting tea every day, 
and he might say almost every hour of the day. His 
taste would naturally become acute with so much 
practice. 
By Me. Asquith. — There was no diflSculty what- 
ever in distinguishing between Indian and Ceylon teas. 
He would certainly be able to detect the presence of 
Ceylon in the mixture unless the quantity used was 
quite insignificant. There was China in it — an appre- 
ciable dash ; but no appreciable quantity of Ceylon. 
Geoege Westover was called and examined by 
Mr. Gray. He said he carried on business as a grocer 
at 247 Lewisham High Street, and remembered Mr. 
Skirrow calling on 24th May and buying some tea. 
Mr. Lickfold here asked the Magistrate to cantion 
the witness not to say anything that would incriminate 
himself. There was a summons hanging over him, 
and it would not be right to allow the witness to 
prejudice his case. 
After a short consultation the summons against 
Westover was withdrawn, Mr. Marsham remarkir g that 
he should be unable to compel him to answer questions 
in the witness-box unless that course was adopted. 
(Examination continued.) Asked where he obtained 
the tea in question, witness refused to answer the 
question, but ultimately said he got it from Kearley 
& Tonge. He went personally to their place for it ; 
soir etimes he brought the goods away with him. The 
teas complained of were sent down to him, however. 
The order was given at the firm’s house, and the terms 
were cash ; the money being paid at the time when the 
order was given. He had no credit for tea. The price 
paid was Is 51 per lb., and he sold it at Is lOd. The 
carriage of the tea was paid by Kearley & Tonge. 
Me. Geay; — Do you sell it as Ceylon tea or as a 
blend ? — I sell it as a blend. 
By Mr. Asquith. — He bought it at the oflBce in 
Mitre Square in the city of London, and paid for it 
there. It was delivered to him in Greenwich at Is 5d. 
Asked, “ Did Mr. Skirrow ask for Ceylon tea ? ” 
witness said he was not in the shop at the time, but 
there were other witnesses present who could give 
evidence on that point. 
Mr. Asquith, addressing the magistrate, said that 
the sale having taken place at Mitre Square, the 
offence, if any, was not committed within the juris- 
diction of tbe court. He should be very sorry if 
this was so, because he felt that it would be much 
more satisfactory to have the matter disposed of by 
a learned magistrate than by an alderman of the 
City; and in this he was sure he expressed the senti- 
ments of his learned friend as well as his own. But 
his only fear was that if a conviction was obtained 
it would not stand. 
Mr. Gray contended that the sale did not take 
place outside the jurisdiction of the court. The goods 
were sent in defendants’ own van, and the sale was 
not completed until the tea was delivered at Green- 
wich, the price paid inc'uding delivery. 
Mr. Maesham supported this view, remarking that 
he thought Mr. Asquith would not deny that if the 
tea had been damaged in transit Westover would have 
had a claim upon the defendants. 
Mr. Asquith admitted that there was some force 
in the argument, and said that as the magistrate 
held that he had juri.'diction, he would gladly pro- 
ceed with the merits of the case. He contended that 
the label on tbe packets was not a false trade 
description. It trniy described the contents of the 
packets. No one was entitled to expect from the 
description that there was any large and appreciable 
quantity of Ceylon tea in the blend. 
Mr. Marsham (interposing) : — Well, one wonM ex- 
pect that the majority was Ceylon, would be not? 
Counsel, coniinning, saidth at the experts had de* 
Glared that there was no difficulty in deciding the 
proportion of Ceylon in the packets. It seemed 
another instance of the unreliability of expert evi- 
deuce. He intended to sbew by the books of the 
ef endants and by evidence that there was a very 
