The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1851-11-25 00:00:00

JAMES_SMITH'S

PIANO-FORTE AND GI4NERAL MUSICAL INSTRUMENT
SALE, HIRING, AND COMNIISSION ROOMS,
MUSICAL LIBRARY,
No. 66, LORD-STREET, LIVERPOOL.

IN CHANCERY-INJUNCTION
•NER V. HARRIS( N.
.

AN application was made on Thursday, the 25th
September, before his Honour Vice-, lianc4lor Sir
George Turner, at Bath, on behalf of Mr. William Milner, as
Executer of the late Thomas Milner, the Patentee of an Inven-
tion of " Improvements in Boxes, Safes, or other Depositories
for the Protection of Papers or other materia a from Fire," for
an injunction to restrain the defendant, John Germsn Harri-
son, of Liverpool, his agents, servants, &c., from making,
using, putting in practice, or vending, or proem-ing to be
made, &c., during the remainder of the termmentn,ned in the
Letters Patent granted to Mr. Thomas Milner, any Boxes,
Safes, or other depositories made in such or the like manner,
or on the same or the like principle as the said Thomas Mil-
ner's Invention, or in anywise counterfeiting, imitating, or
resembling the said Invention.
Mr. Webster appearedior the plaintiff, and Mr. Shebbeare
for the defendant, apfraffidavits in support of and in opposition
to the motion were read. Alilner's invention consisted in the
use of substantes, distributed in an absorbent material irk
spaces between the outer and inner casings of the Box, whick
substances, when exposed to heat, evolved steam or moisture,
the combined effect of the moisture and the material, kept
humid, protecting the Safes, enclosing papers, &c., from fire.
The defendant sold Safes and Boxes, which he represented
to be made under a.,Patent granted to Messrs. Tann, of Lon-
don. but which the plaintiff contended were sutistantially
made according to Milner's Invention, and were an intringe-
ment on his Patent. An action had been brought by the
plaintiff against the defendant for the infringement, and tried
in June last, before Lord Chief Justice Campbell and a special
jury, and a verdict found for the plaintiff, the defendant's
counsel tendering a Bill of Exceptions to the direction of the
learned judge on the construction of Mr. Milner's specification-
Notwithstanding this verdict, the defendant Harrison had
continued to sell the Boxes and Safes complained of, and the
affidavits filed by the plaintiff proved the recent sale by defen-
dant of a Safe, which scientific witnesses stated was substan-
tially the same as those proved on the trial, and found to be as
infringement. This was verified by Doctor Musprat whose
analysis accompanied his affidavit. The affidavit of Mr. Joh".
Tann stated that he believed this Safe had been made by him
and his partners, and he alleged that it was made according to
their specification
His HONOUR stated the principle on which the Court inter-
fered in cases of this kind, and observed that Tann's specifi-
cation appeared to contemplate only a dry non-conductor to
stop the heat, whereas Milner's created a further obstruction
to the fire, by producing at the period when the fire began to
act on the box an effusion of steam, wliich pervaded the non-
conducting material with moisture, and thereby protected the
Safe and its contents. His Honour adverted to the long enjoy-
ment of the Patent which was granted in 1840, the result of the
trial at law, and the clear opinion in the plaintiff's favour
expressed by the Lord Chief Justice, and in which his Honour
concurred, stating that he considered Alilner's was a Patent
claiming eve!), mode by which the liquid. &c., might he em-
ployed to moisten the absorbent material ; and he concluded
by granting the injunction in the terms of the motion.
PRESERVATION OF BOOKS, DEEDS, &c.,
FROM FIRE.

COURT OF QUEEN'S BENCH, JUNE 23RD, 1851, BEFORZ
LORD CAMPBELL AND A SPECIAL JURY.
MILNER v. HARRISON.

(7 he latter selling Tann': Safes and Boxes, and advertising
himself assole proprietor of Tann': Patent Safes, Chests,
The above trial was instituted for the purpose of vindicating
the exclusive right, on the part of the Plaintiff, of applying
liquids, or materials evolving moisture on the application of
eat, together with ether absorbent materials, within the
chambers of Boxes, Safes, or Depositories, calculated to per-
vade the chambers and contents of the safes with moisture
and steam, when heated by fire, thereby preserving the papers
from ignition. Mr. Crowder, Q.C., Mr. M. Chambers, Q.C.,
and Mr. Webster, appeared for the Plaintiff; anti Sir F. The-
siger, Mr. Knowles, Q.C., and Mr. Hindmarsh, for the Defen-
dant. After the case had been stated by Mr. Crowder evidence
was given by Mr. Grantham, of Liverpool, Civil Engineer and
Surveyor of Steamers to the Board of Trade; Mr. Samuel
Woods, jun., of London, formerly of Liverpool ; Mr. J. W.
Pitcher, of Liverpool ; Mr. Alderman Bennett, Ironfounder, of
Liverpool; Dr. Sheridan Muspratt, Professor of Chymistry,
Liverpool; Mr. John Smith, President of the Guardian
Society, Liverpool ; Mr. B. Woodcroft, Professor of Machinery
at the University College, London • and by Mr. John Owens,
one of the foremen of Milner's Works for the last twenty years,
on the utility, originality, &c., of Milner's Safes—of which
upwards of 25,000 are now in use—and also of the infringe-
ment of Milner's Patent by the Defendant, who was proved to
have used the very materials in the Safes and Boxes he had
tested and sold, which he had seen used by the Plaintiff's firm,
when in their service as Shopman, from 1846 to 1849. This
was followed by Sir F. Thesiger's reply for the Defendant, •vho
called several witnesses, but whose testimony. on cross-exami-
nation, completely established the Plaintiff's case. Mr.
Crowder finally addressed the Jury on the facts, and
Lord CAMPBELL then summed up. This, Le said, was an
action for the infringement of a patent granted on the 26th of
August, 1840, for certain alleged improvements in boxes for
the protection of papers from fire. The deferdant set up
several defences, which he would not take exactly in their
proper order. let. He said that there was no proper specifica-
tion of this patent. 2dly. That Milner, the patentee, was not
the inventor; also, that it was not a new invention, that it was
not a useful invention ; and that, at all events, the defendant
had not infringed the patent. He had taken the evidence very
fully, and if the jury thought it would assist them he would
read it over.
The Jury intimated that they did not think it necessary,
Lord CAMPBELL then said, he should shortly direct their
attention to the several questions they were to determine, for
they were all for their determination. With regard to the in-
fringement, he would repeat the direction he had before given.
them. Here was the specification, and although he thought
this issue was hardly disputed, they must consider whether an
ordinary workman, of ordinary skill, looking at it, could make
one of the boxes it described. The witnesses bad said that an
ordinary workman, in their judgment, would be able to do so.
The next issue was with regard to the novelty of the inven-
tion. The third and fourth were so much alike that they might
be taken as part of the same question.
It lay on the plaintiff to show that this was a new invention,
and if he gave prima fade evidence that it was so, the defen-
dant would have to show that it was not. Now there was cer-
tainly strong evidence on the part of the plaintiff to show that
it was new. It was for them to say whether it was properly a.
invention for the protection of papers against fire. The papers
were locked in an iron box, having cases enclosed, leaving
chambers between t e two cases, and the object was to have
some substance that would give out a moisture upon the appli-
cation of the heat, and the steam thus produced was to be in-
closed in the box and moisten the papers so that they might be
preserved from the effects of fire. There had been several wit-
nesses of respectability on both sides, although several of those
called for the defendant had only recently turned their atten-
ti3n to this subject. Several witnesses for the plaintiff said
that, although there had been an addition to the old safe which
consisted merely of a single iron box, a mode having been in-
troduced of having an outer box, the great object was to in-
troduce some non-conducting substance, so that the operation
of heat might be retarded as much as possible; but that there
was nothing until Mr. Milner's patent to moisten the papers
by the operation of steam.
On the part of the defendant, he chiefly relied on Mares and
Chubb's patents, and it would be for them to say whether those
patents were not confined to introducing non-conductors.
The object of both was to save papers from destruction, but the
mode and operation was the question in disoute. He Lid bee,
puzzled to know the difference between the two patents of Marr
and Chubb, and he afterwards found from one of the witnesses
that there was no distinction between them. They both had
non-conductors in the inner case, but neither seemed to have
had the slightest contemplation of any liquid, as their object
was rather to have substances as dry as possible, but had no
notion of a liquid which ,vas to be condensed into steam to
moisten the papers in the inner case. They had heard the
evidence, and it would be for them to say whether they were
satisfied that the invention which Mr. Milner set out in his
specification was known before the date of his patent. If they
thought it was, they would find thst issue for the defendant;
and if they thought it was not,they would find it for the plaintiff'.
The third and fourth issues were substantially the same, being
that Mr. Milner was not the inventor, and the invention was
not new. If Mr. Milner was the inventor, the invention was
new; and if he was not the inventor, it was not new. Thee
came the issue of whether it was useful, and he must say he
had been astonished to find such strong evidence of its useful-
ness. Up to this hour he had no idea that there were any
human means of so effectually preserving papers from the
action of fire. It appeared that, by means of the condensation

THE ROAD TO HEALTH !

ITOLL ()WAY'S
cuRE OF
-1-1-.

PILLS

A DISORDERED LIVER AND BAD DIGESTION.
Copy of a Letter
.from Mr. IL W. Kirkus, Chemist, 7, Prescot-
street, Liverpool, dated 6th June, 1651.
To Professor HOLLOWAY.
Six,—Your Pills and Ointment have stood the highest on our
sale list of l'roprietary Medicines for some years. A customer,
to whom I can refer for any inquiries, desires me to let you
know the particulars of her case. She had been troubled for
years with a disordered liver and bad digestion. On the last
occasion, however, the virulence of the attack was so alarming,
and the inflammation set in so severely, that doubts were en-
tertainer! of her not being able to hear up under it ; fortunately
ahe was induced to try your Pills, and she informs me that
after the first, and each succeedins dose, she had great relief.
She continued to take them, and although she used only three
Boxes, she is now in the enjoyment of perfect health. I could
have sent you many more cases, bat the above, from the sere
rity of the attack, and the speedy cure. I think, speaks much
in favour of your astonishine Pills. (Signed) R. W. lit It K US.
AN EXTRAORDINARY CURE OF RHEUMATIC FEVER,
IN VAN DIEMEN'S LAND.

Copy of a Letter inserted in the Hobart :7;o1-is; Courier, of the

Ist March, ISSI, by Major J. Watch,

Margaret Nl`Connigh. niimieen ✓years of age, residing at
New Town, had been; Suffering from a violent rheumatic fever
for upwards of two Riontbs, which had entirely deprived her of
the use of her limbs ; during this period she was under the care
of the most eminent medical men in Hobart Town. and by
them her case was considered hopeless. A friend prevailed
upon her try Holloway's celebrated Pills, which she consented
to do, and in an incredible short space of time they effected a
perfect cure.

LURE OF A PAIN AND TIGHTNESS IN THE CHEST AND
STOMACH OF A PERSON 84 YEARS OF AGE.

From Messrs. Thew and ,'ons. Proprietors of the Lynn Adrer-
titer, who can vouch for the following statement.—Aug. 2,1851.

To Professor HOLLOWAY

SI R,—l desire to bear testimony to the good effects of Hollo-
way's Pills. For some years I suffered severely from a pain
and tightness in the stomach, which was also accompanied by
a shortness of breath, that prevented me from walking about.
I am 84 years of age, and notwithstanding my advanced state
of life, these Pills have so relieved me, that I am desirous that
others should be made acquainted with their virtues. I am
now rendered, liv their means, comparatively active, and can
take exercise without inconvenience or pain, which I could not
do before. (Signed)
HRNRY COE, North-street, Lynn, Norfolk.
WONDERFUL EFFICACY OF HOLLOWAY'S PILLS IN
CASES OF DROPSY.
Persons suffering from Dropsy. either about the turn of life,
or at other times, should immediately have recourse to these
Pills, as hundreds of persons are annually cured, by their use,
of this direful complaint in its different stages, when all other
means had failed.
These celebrated Pills are wonderfully efficacious in the Jol-
loaoinq
complaints:

Ague Female Irregulari- Scrofula, or King's
ties Evil
Asthma
atilious CoM plaints }Were of Oil kinds Sore Throats
the Skin Fits Stone and Gravel
secondary Sy mp.
toms

Blotches ot,
Bowel Complaints u
-.Voiles Head-ache
Constipation of the Indigestion
Bowels Inflammation Tumours
Consumption Jaundice Ulcers
Debility Liver complaints Venereal Affections
Dropsy Lumbago Worms of all kinds
Dysentery Piles Weakness, from
Erysipelas Rheumatism whatever cause,
Retention of Urine &c kc.
_Sold at the Establishment of Professor HOLLOWAY, 244,
Strand, (near Temple Bar,) London, and by most all respecta-
ble Druggists and Dealers in Medicines throughout the civi-
lised World, at the following prices-Is. WI., 3.i. (id. 4s. 6d.,
Its., 225., and 335. each Box. There is a consklerable saving
by taking the larger sizes.
N.B.—Directions for the guidance of Patients is every dis-
order are dazed to east BCls.llailiih, .....---.....r.k-, -- 1Lra...,.....

Duulourtuz

ECLIPSES IN 1852.—The eclipses aro six in number—
that is, three of the sun and three of the moon, but only
one of the latter will be visible in this country. It will
be a total eclipse, will take place on the 7th of January,
and be visible at Greenwich. Begins at twenty minutes
past four in the morning. Middle of the eclipse, ten
rpinutes after sir. Ends at eight in the morning.
CHRONIC HYDROCEPHALIJS.—A person of the name of
James Scott died in Elein on Friday last, aged 41. Scott's
fether was a glover in Elein, and was latterly an inmate of
the Bied-house, and as the son was never able to do any-
thing for his own support, he was transferred to the poor's-
roll on his father's death. The size of his head was extra-
ordinary. In height he stood, or rather measured (for he
never could walk from his birth), 3 feet 11 inches, while
the length of his head and face was 111 inches, being about
one-fourth part of his entire length. The girth of the
head was 271 inches. Over the crown of the head, from
ear to ear, it measured 15 inches ; from the occipital spine
to the insertion of nose, 20 inches ; the length of face,
from insertion of nose to extremity of chin, was 41- inches.
—Elgin Courier.

THE WELSTI EISTEDDFOD FOR 1852.—1 t has now
been definitely arranged that the next Welsh Congress of
Literature shall be held at Dolgelley, the principal town
of Merionethshire, in the autumn of the ensuing year.
A. thorough revival of this ancient and peculiarly Welsh
institution has now taken place, and the ensuing will be
the fourth which bas been consecutively bold in as many
years. In order to give the various literary competitors
as much time as nossible, the subjects of the various
prizes, in Welsh and English, have been decided upon.
The chair subject is " The Crucifixion," for which a gold
medal and a purse of £2O will be awarded. A prize of
£5 and a silver medal, with a portrait of the Prince of
Wales, will be given for the best stanzas in honour of his
royal highness, to be composed according to the rules
of the Welsh Englyn. Other interesting subjects are
announced.

ANZUSEHRNT -FOR A DULL MORNING !--it will be per-
ceived by Mr. Colies's advirtisernent in this day's Stan-
dard, that he has, by particular desire, resumed his morn-
ing enterOinments at his apartments in Bold-street. His
ruoips were e;owded the whole of last winter, and as he
has be.:""" m°";
we have no Doubt known, and consequently appreciated,
k Nit that he will meet with equal or
increased nattonag," (10111:: the
into Mr. C.'s comfortable i
present season. We need
scarcely point out how
.iich tore agreeable it is to pop
;_
enjoy a hearty laugh,—seeing artrugnts of a morning, and
h,. ilinsions performed by
n
Fp iserable nights,
day light—than to have to gog out tiles':
and sit in a theatre or an assembly-room, .t4l iht.t, the
tricks
performed at a distance ; besides, visitors will.. ''' —,,,"
opportunity of making purchases, wherewith to emu:"
their friends at their own firesides.