Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1813-05-06

new snd useful manner, but invented new ana
useful application of it when so improved max
ing tn ereby new and useful Improvement m
the art Of manufacturing -four.
The elevator came next in qucstion-ilcrc
the defendant gave evidence of various hydrau-
lie machines, something resembling an eleva-
tor that had formerly been used in Europe or
proposed to be used. for raising water but il
appeared that none of these machines had ever
been applied to the raising of meal or grain, or
were fit for that purpose. The elevator oil E.
was essentially different, and great i'm
provcment, which was not only applied 90 this
new purpose in the manufacture OF flour, but
was extremely useful for that purPose.-They
then produced miller from the state OF Della
ware, ofthe name Of Stroud, who after Evans
told him grain and -four might be raised by a
machine, aid in fact make an elevator similar
10 that Of Evans, though not complete.-But
Stroud declared that he never should have
thought Of it bat for the information he re-
ceived from Evans and it was proved on the
part OF Evans, that he had invested his eieva-
tor and made n complete model of it, before
Stroutl's was made. On this head Stroud was
so well satisfied, that he purchased n license
from Evans 10 use his elevator, together with
his other improvements.
as to the hopper-boy-The defendants gave
evidence that some millers, in Delaware, OF
the name of Marshall, having heard of Evaus's
ted and attempted TO u very imperfect ma.
chine, for the purpose to which Evans applied
his hopper-boy. But the Marshalls, who were
produced rs witnesses, proved that their ma
chine did not answer the purpose, on account
of several essential defects, in its principle
and construction, and that soon as that OF
Evans, which was very different and very com
piete made its appearance, they adopted it by
license from him and threw aside their own
All these machines were admirably combi-
ned in an original and useful manner by the
patentee.
The defendants, thus defeated on the evil
dence, next attacked the case on the construc
tioa and even the constitutionality ofthe act of
congress but the court, composed ofsr Du-
val judge OF the supreme court, and MIR.
Houston, the district judge, decided against
them on every point. They then gave up tllf
defence, and confined all their evidence 10 N
mitigation OF damages. The jury found ~
dict of $3.50 for the plaintiff in the first f4se,
who declined demanding the treble daIskges
allowed by law. The defendants in all thN sub
sequert cases which camc to trial, TO Ne num-
Der of four, confined themselves entir<y to ex-
cuses in mitigation OF damages.-In all the Ca
ses there were yerdicts Tor the plaintiff with
ample damage-which gave universal satisfac-
ton.
The special act OF congress it will be OBJ
served under which the patent in controversy
was granted, gives right of action against
! such persons only as have used, since its pas
| sage, or may hereafter the machines, with
out having purchased license therefor. All
who paid under the former defective patent
| are expressly protected nor can there be any
| recovery for using the machines prior 10 the
| present patent even without having paid for
| them. The special act isnpt retrospective in lis
operation or in the construction put upon it by
| the patcntce and his cnunsel.s
Evans. to slew the utility as we'll as origin.
ality OF his improvements, produced ut the trial
many respectable witnesses. and read the fol
| lowing certificate from Messrs Ellicotts, near
Baltimore, the most skiltul mlIwrights and
experienced usiifers in this or any other part of
the United States.
WE DO CERTIFY, That we have e.
-" rected Oliver Eyans's new invented mode, of
4" elevSting, conveying and cooling meal, &C.
AS far as we have experienced, We have
found them to answer a valuable purpose,
well worthy the attention Of any person con
cerned in merchant or even extensive coun-
try mills, who wishes to lessen the labor and
expense of manufacturing wheat into -four.
(Signed)