August i, i8qo.] 
THE TROPICAL AGRICULTURIST. 
135 
In answer to Mr. Asquith witness asserted that there 
was no ground whatever tor the suggestion that 
“ Ceylindo” was adopted under a threat ot prosecution 
by the Oeylon Association. 
Mr. Thomas Lillicoe, examined by Mr. Asquith, 
said he was the buyer and blender of teas for deten- 
daii ts. 
Cross-examined by Mr. Gray he said that he kept 
a record of the proportions of each kind of tea used 
in blending. A small pocket-book was produced from 
which witness proceeded to read figures to show that 
the proportion of Oeylon tea used in the “Blackmoor 
Vale” packets had varied from 40 to 80 per cent. 
Sometimes 100 per cent had been used. There was 
never any China in the blend. 
Addressing the magistrate, counsel for the prosecution 
said that the book produced was perfectly unintelligible. 
In answer to further questions witness said that all 
the tea was mixed on the firm’s premises by men in 
their employ. He was not present when the tea was 
mixed; but lie gave instructions as to what was to he 
done. The change in the proportions from time to 
time was caused by the rise and fall of the market. 
He had not thought it necessary to do more than 
make an entry when any change was made. 
Mr. Gray remarked that only the months had been 
put in the book for the dates when alterations were 
made; the day of the month had not been entered. 
Witness went on to say that the firm had never 
kept any record of the actual quantities of the different 
teas used from time to time ; only the proportions 
being made a note of. Those entries were made at the 
time when the blends were altered. 
Fredk. Sharpe was called and examined by Mr. 
Asquith. He said it was his duty to receive the teas to 
be blended, and to superintend the putting of them into 
the mixture. He had to weigh them up ; about 2,000 
lb. would be blended at one time. His instructions 
came from Mr. Lillicoe in writing ; he bad not brought 
any specimens of these to the court. After the instruc- 
tions had been carried out, he had to return the written 
papers to Mr. Lillicoe, accompanied by a sample of the 
tea. Witness had been engaged in the same workshop 
for about two years ; he knew the blend called “Black- 
more Vale.” During the whole time he had superin- 
tended the mixing of that tea, there had always been 
used, as one of the ingredients, a substantial propor- 
tion of Ceylon, varying from time to time. He did not 
superintend the putting of the tea into the packets ; the 
system was that the packers should come to him and ask 
for the particular teas they were required to pack, and 
they were given to them. There had never been any 
China tea in “Blackmoor Vale Estate ” blend; the only 
ingredients were Indian and Oeylon. In answer to Mr. 
Gray, witness said he always got written instructions 
from Lillicoe, and these instructions were always 
handed back to him when they were carried out. Mr. 
Gray, addressing the magistrate, said he would call for 
the production of those instructions. Witness said it 
was not the practice to keep the instructions when done 
with; they were destroyed. Mr. Gray submitted that 
there was no documentary evidence whatever as to the 
quantities of the different teas used in the blends for 
the packets before the court. 
Mr. Marsham ; — That may be, but it can’t be helped. 
He says the papers were destroyed. 
Mr. K. O. Hearson, examined by Mr. Gray, said he 
was a label designer and bad designed the label for 
the packets in question. (Plates produced.) Blr. 
Kearley wrote the signature on the label ; the name 
of Mr. Heseltine was formerly also on the label, but 
it was afterwards removed. Instrnctions as to the 
wording of the label were given him by Mr. Kearley ; 
the design was witness’s own. When the words 
“blended with India and China” had to be added, 
witness was told to add them without altering the 
character of the label. 
Mr. AsquiTH, addressing the magistrate, said he did 
not know what bettor proof could have been given 
that the tea was a pretty equal mixture of Ceylon 
and Indian, than that which the witnesses for the 
defence had brought. It had been shown that the 
tea was bought by Kearley & Tonge, and aotnally 
delivered in the chests into their warehouse. Then 
one witness had said that he himself took the tea 
out of those chests and superintended the mixing of 
the various kinds according to instructions given by 
Mr. Lillicoe. What else remained ? The tea was put 
into bags with a label attached to each, and the 
bags were taken by tho men whose duty it was to 
pack the tea for the grocers, and they made it up 
into little packets like those in court. These being 
the facts he did not see what mote proof could be 
given. He did not know what other evidence could 
be required. No instance had bten produced in the 
evidence in which less than 50 per cent of Ceylon 
tea had entered into the “Blackmoor Vale blend.” 
Of course, an accident might happen in the packing ; 
hut he thought that there was no reason why all the 
packets should not be alike. As to the signature, be 
would remind them that the flourish was exactly 
the same on the labels before the words about the 
tea being a blend were added, and therefore at that 
time the flourish could not have been used for the 
purpose of fraud. It had struck him, when he first 
saw the label, that the sentence “ blended with India 
and China” was printed in very small letters as 
compared with the words “ Pare Ceylon Tea.” But ho 
had gone very minutely into the label. He would 
point out that if the words in small type had been 
printed so in the first Instance the case would bo diffe- 
rent. The defendants, however, were dealing with an 
existing label, in which a great deal of artistic talent 
had been displayed, aud they had to adapt the label to 
altered circumstances. They did what was natural, 
they took as much room as they could for the words 
relating to the blending. That accounted for the diffe- 
rence in the size of Ihe type used. It had been said 
that the words “ Blackmoor Vale Estate ” added to 
the falsity of the description. Now, it was well- 
known that Blackmoor Vale was a place in England, 
and nobody ought to suppose that the tea in the packets 
came from an estate in Oeylon of that name. It had 
been admitted that no China tea had been used ; but 
he thought it would be stretching the Act very consider- 
ably if it was held that the defendants were blameable 
for not depreciating the quality of the tea by putting in 
a growth of a lower quality and price. 
Mr. GR.AYroseto reply, but Blr. Marsham said that he 
need not do so unless he had anything of importance to 
explain. 
In giving the judgment Mr. Marsham said that after 
the evidence he did not think he could hold that the 
flourish of the signature was extended with an inten- 
tion to obscure the small words about the tea being 
blended. Bnt it was certainly true that the words 
“ blended with ” were not visible to the ordinary pur- 
chaser, and of the other words — “ India and China ” — 
one was admitted to be falsely used. Considering, in 
addition to this, that the words “ Pure Ceylon Tea ” 
were printed very prominently across the label, he 
thought that the label was deceptive. The charge of 
false description was proved, and he would impose a fine 
of £10, allowing £5 5s costs. 
The case created considerable interest in Court. 
Castor Oil — We are indebted to a planting 
correspondent for a correction in the quotations we 
give monthly in our Tropical Agriculturist. He 
writes : — 
“In your June number I noticed that castor oil 
was quoted at 3d to 4d peroz.; it struck me then as 
incorrect, but I now see the same statement made 
in the new publication about aloe and ramie fibres. 
This rate surely means per lb., as castor oil can be 
bought at 1‘50 per gallon, which would equal "01 
cent per oz !” 
We have had “lb.” substituted for “ounces” at 
once in our list. In a recent Nuwara Eliya Report, 
Mr. LeMesurier speaks of the castor oil plant as 
growing at Walapane like a weed and he is anxious 
to encourage the natives in regular cultivation 
more especially as one Colombo firm is prepared 
to take 400 gallons of the oil per month— no doubt 
for lubricating purposes ? 
