Martinsburgh gazette. [volume] (Martinsburgh, Va. [W. Va.]) 1810-1825, 1813-01-15

TO the MiRers ofthe United States.
TAKE NOTICE-That Congress
did on the 2ist day of January, 1908,
pass the following act:
an ACT fer the reLi9ofOEper Eudns.
BE u enacted by the Senate and House
OF Representatives ofthe United States
OF America. in Congress assembled,
That IT shall and may be lawful for the
secretary OF State, on application in
writing by Oliver Evans, TO cause let.
ters patent to be made out in the man.
ner and form prescribed by the act emit.
tisd An act to promote the progress of
asefai arts, and to repeal the act hereto
tore made for that purpose" thereby
grant'ngto said Oliver Evans, his heirs,
ssstorss administrators and assigns,
Tor q term not exceeding fourteen years,
the tall and exclusive right and liberty
OF making, constructing, using and vend-
ing to be used, his invention, discovery
and improvements in the art of manu-
featuring hour and meal, and in the se-
veral machines which he has discovered,
invented, improved and applied to that
purpose provided, That no person
who may have heretofore paid the said
Oliver Evans for ~licence to use his said
improvements shall be obliged to renew
said ~ilcence, or be subject to damsges
tor not renewing the same : And pro-
vlded also, That no person who shall
have used the said improvements, or
have erected the same for use, before
the issuing of the said patent, shall be
liable to damages therefor.
]. b. VARNUM,
Speaker of the House of Representatives.
GEO. CLINTON.
Vice. President Of the United States, and
President of the Senate.
January FL, 1903.
APPROVED,
TIL JEFFERSON.
BALTIMORE, December 9, 1879.
LAW CASE.
On Thursday, the third instant, came
on ar interesting trial before judges Du.
vaH and Houston, 10 the Circuit Court
Of TIC G4i.ed States, for the Maryland
district, between Oarer Evans, plain.
tiff ; and Samuel Robinson, defendants
which continued four days.
Messrs. Pinkney, Harper, and VIII.
lisms, were counsel for the plaintiff.
Messrs. Martin, Purviance, Dorsey,
and Pendleton, were counsel for the de.
| PENDANT.
The controversy arose on an infringe
ment by the defendant of a patent right,
secured TO the plaintiff, under a special
act ofcongrcss, for his improvements in
the art of manufacturing -four and meal,
and in certain machines which he had in.
vented, improved and applied to that
purpose: Which machines are called an
elevator, conveyor, hopperboy, &c.
Various questions Of law were raised by
the defendants counsel on the constitu-
~tionality of the law, the regularity of the
patent, the pleadings in the case, &c. all
which were decided in favor of the plain
tiff. Witnesses were collected from dis
tant and various places with a view to
prove that the plaintiff was not the origin
al inventor of the improvements for
which he had obtained a patent or of>oms
part of them. And sundry plates, re-
presenting hydraulic machines, hereto
fore in use, and in some degree resemb-
ling the plaintiff elevator, were produ-
ced for the purpose of showing that ne
was not the inventor of that machine.
But he succeeded in establishing his
p~retensions to that and every other part
of his patented improvements, includ-
ing his conveyor, the invention of which
was contested with him by Mr.. Jonathan
Ellicott. And he proved shat his inven.
tons in the art of milling, caused a saw
ing of one half of the Observation-Disclosures
red the -four better, and produced more
oyer a gain in the quantity equal to at
least fifty cents on each barrel I; besides
various other profits and advantages.
a . tba clos. rs vEa triai the 1sfsndanfS