August i, 1890.] 
THE TROPICAL AGRICULTURIST, 
133 
large proportion of Ceylon tea in the blend. His 
clients never bought China tea. 
Mr. Mahsham : — Then why do they say on this 
packet that it is “ blended with India and 
China ”? (Loud laughter.) 
Mr. Asquith ; — I shall come to that later on. Pro- 
ceeding : Counsel said the tea was really a mixture of 
Ceylon and Indian. Of course, the quantity of Ceylon 
used varied from time to time. But it was always as 
much as 40 per cent of the whole and sometimes rose 
to 80 per cent. Ceylon and Indian teas did not differ so 
much as one of the witnesses had stated. The first 
named was used to give greater body to the blend, and 
to suit the palate of the consumer. In the tea before 
the court the Ceylon preponderated. The experts had 
differed somewhat from each other. In fact on one 
point their evidence was irreconcilable, for while one 
said that he could discover no Ceylon tea at all, the 
other had admitted that there was perhaps as much as 
5 per cent. But assuming that he (Mr. Asquith) could 
establish that what he had stated about the contents of 
the package were the facts, where was the false des- 
cription ? Counsel for the prosecution had somewhat 
exaggerated the difference in the size of the letters on 
the label. Ceylon tea was a recent introduction which 
had attracted public attention ; his clients would not 
deny this, and they naturally had the more attractive 
name printed in rather prominent type. It had been 
said that the signature of the defendants was made to 
hide the words signifying a blend. But he could prove 
that the signature was really the usual one adopted 
by defendants, and that the flourishes were genuine. 
Gentlemen in the city were often fond of adorning their 
names with long strokes and curls (laughter), and this 
was one of that kind. Now as to the words “Blackmoor 
Vale Estate”: it was never intended that they shouldbe 
understood as implying that the tea was grown on an 
estate of that name. Eveybody knew that Blackmoor 
Vale was a charming spot in Wiltshire, famous for 
hunting. No one ought to be better aware of this 
than the gentlemen interested in that case, whom he 
suspected of a weakness for sport of that nature. 
(Laughter.) The words “Blackmoor Vale Estate” 
were registered as a trade mark by defendants before 
the Act was passed, and he could prove this by pro- 
ducing the certificate. It was purely a fancy descrip- 
tion ; and although he would admit that it was a 
rather eccentric form of trade mark, he denied that 
it warranted any assumption of fraudulent intentions. 
He would proceed to call his witnesses. 
At this point Mr. Mabsham said that it would be 
impossible to finish the case in the time at their dis- 
posal, and it was adjourned for further hearing on 
Saturday, 28th June, at 12 o’clock. 
On Saturday, 28th June, at Greenwich Police Court, 
Kearley & Tocge, Tea Merchants, again appeared 
before Mr. Marsham iii answer to a summons under 
the Merchandise Marks Act charging them with 
having sold certain tea to which a false trade des- 
cription had been applied. It will be remembered 
that the case was partly heard last week and was 
then adjourned. 
Mr. Gray again appeared to prosecute, and Mr. 
Asquith, Q c., for the defence. 
Mr. Hudson Kearley was called and examined by 
Mr. Asquith. He said ha was a partner in the 
defendants’ firm, who dealt largely in Ceylon and 
Indian teas. Ceylon tea was introduced into the Eng- 
Ijsh market about five year.s ago. That was the 
first time that any considerable quantity of Ceylon 
tea came to this country, and his firm began to deal 
in it at once. They had a label designed and made 
bearing the words “ Pure Ceylon Tea,” but without 
any reference to its being a blend. The .si .-nature 
running across the label was an exact facsimi e of the 
signature of the firm signed by himself, and the 
fiourish to which attention had been called was a cus- 
tomary part of that signature. 
Mr. Marsham Was the flourish usually made so far 
away from the name as it is on this label ? 
Witness —Yes ; I can prove it by producing .some 
of the firm’s cheques (ohequodiauded to the Magistrate.) 
Mr. Marsham remarked that the flourish was not 
quite the same as that on the label, where it ex- 
tended farther beyond the name than it did on the 
cheques. 
Witness explained this by saying that when the 
plates for the labels were engraved the signature con- 
tained also the name of a Mr. Heseltine. On his 
leaving the firm his name was erased from the 
plate, but the flourish remained unaltered. The 
signature was on the label at the time when 
it was used for pure Ceylon tea and nothing 
else. Eet'erring again to the commencement of his 
firm’s dealings in Ceylon tea, witness said that 
in course of time they came to the conclusion that 
it was coming down in reputation and in quality, and 
they formed the opinion that it would be improved in 
flavour by blending. They therefore mixed with 
it Indian tea, and had words added to the label signify- 
ing that the tea was a blend. The only difference 
between the original and the later labels was the 
addition of the words ‘‘Blended with India and China.” 
The tea had always since that time been Indian and 
Ceylon, and the firm had never sold tea with that 
label attached of which Ceylon did not form a part. 
Although the label said “ India and China,” China tea 
had never been used in the blond. The word “ China ” 
had been added to the new label with a view to putting 
China tea into the packets if it should ever sufficiently 
improve in quality and rise in public estimation. But 
that eventuality had not yet happened. In evidence 
of this, witness quoted statistics showing that although 
the quantities of Indian and Ceylon teas imported had 
largely increased, the imports of China tea had gone on 
steadily diminishing. 
Mr. Marsham said he wondered that the defendants 
should have put the word “ < hina ” on the label if they 
did not fully intend to put China tea into the blend. 
Witness explained that they had not used China be- 
cause Indian had always been better value in the 
market. He had not personally taken any part in the 
actual blending since 1888 ; prior to that year he had 
supervised it. Asked for his view as to the market 
difference in the prices of Indian and Ceylon tea, 
witness said it was nothing like twopence per pound 
in favour of the latter. Such a statement was simply 
ridiculous. The prices varied from time to time accord- 
ing to the issue of the market governed by supply and 
demand. For instance, if the Ceylon crop were inferior, 
it would have the effect ot making Indian tea dearer 
in the market. Prices were constantly fluctuating and 
were not steadily in favour of either Indian or Ceylon. 
There was always a sea-saw movement. To say that prices 
were always in favour of Ceylon tea was altogether un- 
true ; in fact, until quite recently the very reverse had 
been the case, the average prices of Indian tea being 
above the average prices of Ceylon. At that moment, 
however, the relative prices were in favourof the latter ; 
this having been so for some weeks past. 
Mr. Gray, interposing, said it was not claimed by the 
expert Mr. Stehn that there was a uniform difference of 
2d per lb. between all Ceylon and Indian teas ; he had 
stated that this difference existed only between the 
low grades. 
Mr. Asquith thought not; but on reference 
being made to the notes of the evidence given at 
the previous hearing, Mr. Gray was found to be correct. 
Continuing, witness said his firm also sold tea under 
the “ Ceylindo ” brand. 
Cross-examined by Mr. Gray, witness stated 
that the “ Blackmoor Vale Estate” label was registered 
in 1886. That might be the year in which the Indian 
and Colonial Exhibition was held in London, but he 
did not know. Pressed on the point, he said he supposed 
there had bsen such an exhibition about that time; it 
was no concern of his to try to recall the exact date. The 
signature was on the label when sent for registration, 
but it had to be taken off because the authorities 
refused to register signatures. Defendants had used 
no China tea in the “ Blackmoor Vale ” blends. They 
rarely bought China tea ; probably once in three months. 
But it was never used in blends of which Ceylon tea 
formed a part, only in cheap blends sold at about 
lO.j; per lb. lie had examined tea similar to that in 
