The Statesman.
London, England, 1822-10-26 00:00:00

TUT RING ON THE PROSECUTION Of SALMON ♦ND ODT

V. LODGE.

Till. was a proceeding no a writ of scirefecies,nt the
instant.e nffoltnon and fhly. Beth the plaintiff. and
readapts claim-d under their reep.ctive patents, for an
.iremnved holm. To determine which of thAn was en-
titled to a patent fur this invention was the ohleet of tide
suit.
After the Jur► was sworn, along dipcus•inn took place
hetween Mr. SCARLET? and the Seitctioa•Gewtna Li on
the'pleadings in this MID. •
TtIoSOLICITDIVDDERAL then adtiresaell the Court,
and Jury for the defendant. The case which the Jnv
had to try was as clear as any that eve► rime into that
Court. The law of patent was as cannily to lorslootli
that explanation might he deemed almost tropereettas.
n no country was the byroad letellect so soectioandlY
exerted in discovery and inventions as in Euglan• .
there the successive ingenu►ty of individuals bad car•
'tied the arts, Or luxuries, the renveaiestes, and the
romfArt it of mrcie'y to a point unknown in any other
of the world, whether it wicket et is mailers dams.
The English Conatitation hell wieely . Yelled in the
Crown II power of renterding thainateulona —net indeed
av direct pecuniary gratification, bet by conferring is
tie invent,,[ an exclusive privilsige of ',retching his i♦
vrntion for a term of yeara, during which period be was
pr..teetni Against the competition of piratical imitation..
uithont especial license. A property more completely
rested than that of patent eight hr defied any one to snip
gest. Tltet•' was, however, one fundamental condition
to the establishment oflhis epetiep of a right—that cons
&ion wag, the novelty, Of folio* originality of the he
ves:tion. To sustains Went, ;tiniest he shown that the
ivy/ ration he new. Thr plaintiffs had obtained a patent
fors certain instrument, of great utility in each as were
afflicted with hermia, a very frequent complaint, and
4fioir generally known by the term—rupture. The
plaintiffs. as it was alleged, had invented a certain r
st•r•ing spring united to certain rids, aids male and hn
male screws—fur which improvement or invention the
proserntors laid claim to an exclusive privilege. The
advantage obtained by this species of spring, especially
in young patients, was the getting id of the great in-
convenience of snperfinons pressure, by which the pa•
tirnt was with the ordinary truss liable to he injured.
Now it so happened that a patent had been obtained by
a Mr. Wows, ahout the year 1911, precisely for the
.r..ry mow invention, as would be shown by the must in.
coeirovert Hite evidence.

• A variety of plates and drawings were then produced.
hottregive of the strap and sprier. as differine or correspond-
ing 'with the invention end patent right claimed by the
pleitdiffs.
Henry Cock, clerk to Plaintiff's attorney, pet la the apel-
ike/ion.
Mr. Hanson. clerk in the Enrolment OMee, produced the
enrolments of the respective patents.
Mr. Fletcher exmnined.—Knows Defendant; he keeps a
sh.tp for the sale of trusses in the Strand, at which he bought
t,•e tress produced, in Sept. Ifeit.
, Mr. Pateman knows Defended; was shown a truss. and
asked if he had perchssed that of the Defendant (the oee made
by the Plaintli was shown the witness by mistake.}—Beim
shown another, he said he purchased it of the Defendant In
Oco.ber, 1612.
Samuel Harris, a workman employed In making t
witness was employed for Salmon (the first patentee). and
wade trusses between HMS and 14 of the description pro-
duced. Witness resided some time In F . between ISS

sad 1017; has made trusses similar to the one ID question
for Me. Mslimn. some years ago.
fross-stamlned by Mr. desuct.r.r.—llas also made trusses
of the d•seriptioa shown by order of Mr. o.ly. from
critters furnished him—cannot tell from this drawleg--knows
Sbaglillmaatmlnatmssmaampio-Nrimasses.bust snow 111
.

by the tilt Vie/ whether the pod boa the oneness or OMNI
side 6f the strip—Whims did not soy be made them with e
pal en the concave Me. hot w►ll swear he has seen these la
►a!mnn's shop window with the pad on the convex s'de two
years ngo—d d not make them in ISlland 1814 with the pad
un the corset side, but will swear he has seer them before
he went to France—v/111 swear before 1816 that he had seen
olio with the pad on the convex aide—has not seen any of
that description in France.
Mr. Donl.in is used to mechanical trials respecting patents;
has read Salmon's Specification. and tae original patent of
the pisintilfs ; has compared them, and thinks the intention
of the springs not dissimilar, but are strictly alike. There
is no doubt that the pad is placed on the convex side. Hy
the drawing it appears to be equivocal, but witness tins
not the hoist doubt the pad was intended to be on the con-
sex side in both specifications. It would defeat the very
otlect of the spring If It were earned the other way.
Mr. Thomas Gill has examined the drawings and speeifl-
ea:ion.—'• Thereto a great similarity. I am sorry to say, be-
tween the two patents. The merit of the invention is in the
spring, and in that they are precisely the same."—Witnesti
was shown an advertisement of his that was published by
him, when cougulted upon the subject of these patents.—
Witness was employed to make out the defendants's specifi-
cation from instructions he received from him.
Mr. John Millinaton, an engineer and mechanic, had read
the enrolment of these Speelacatioas,and examined thedraw-
less. Thinks they are alike. and not dissimilar. Ilse no
doubt to which aide the pad it affixed in both—on the con-
cave side when the truss is not ill action, but when put on
it is ou the antvel.
Cro►s-examined by Mr. S .—Witness understands
drawing. The drawings are equivocal ; and there is some
ambiguity about them. W,tneits cannot say which Is con-
vex. Ile certainly entertains a doubt, The buckle is not
allowed to press upon the person—ths buckle presses upon
the belt.
Several other witnesses beinr examined for the defendant,
the SOLICITOR-GEMERAL replied ; after which the Lone
J usTice silminmi tip st great length.
Verdict for the Crown—which consequently determines
the Patent.richt in the Plaintiffs, Salmon ann tidy,
THE XING V. 31CliSON AND OTHBRI.

This was an indictment fora conspiracy on which the de-
k•dsnts hare been already convicted; but ftswereoart
ranted them • new trial. It was now called ou in ht
order.
The SOLICITOI-OltaignAl. applied, on behalf of the de-
r mdants, fora postponement of the case till to-morrow, as
It occupied the Court ou the former occasion from ten in
Site morning till seven at night. and atthishour (two o'mook)
it would he impossible to do it jestice.
The Loan Cuter Jurrict could not disturb the order of
other eases already specially appointed fur Saturday ; but
the case might be made a remanet.
Mr. Sc , for the prosecution. caressed kis fear
that he could not close his rave till n•arly midnight ; and
was willing that it should stand over till the sittings after
term. It was therefore made a remanet by renieni.
DARTR•LL V. 110 WAR D AND ANOTIIIIR.

Title is en action mushier the Defendant arising out of
the transaction which ooeupiei the Court yesterday.
The Soucten. moved. on the part of the De-
fendants, to put cff the Vita to the Silt-iota after next Term.
Thi; was moved on the ground that Mr. Ilaward had not
been able to prepare for trial, in consequence of the great
npplkettioa he bad been obliged to pay to document's con-
neclud with his bankrepteles.
TAO LODD Cuter Jurricc.—llare you fin affidavit of
that?
Sountroe-0 . —Yes, my Lord t he states that he
has been labouring fur months. settling accounts.
LO•D CHI!, JUSTICS.—IS moat be on payment of
coats.—Trial pilot
MURRAY P. LORD STAIR.
This was as action on a bond for *W. executed Ay the
'l,3lobla patuaaoc
14, Rouctroa-43Eseam. stated that the Plaintiff was
-11111/1160Meer, who brought this action as the legal represen-
tithe of his father to recover the amount of • bond. given
be Lord Stair. The father of Murray, an army agent,
needn't* hist Colonel Morgan two bills of exchange, at.-
.. liable Defendant whiles he was Mr. Dairy..-
bulls baying been given up, Lord Stair me-
.
•