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

cense to use for and during his patent term.
| That rs, where the price of license is 500
dollars, the gain BY the use per year will be
2,4oO dollars, and FOR Ia years $500 out of
which they pay 500 dollars for license. Your
memorialist may defy John Worthington and
others TO produce an instance, in the world, of
so low charge for great benefit made by
any patentee; and he denies their charge of
having demanded $500 dollars for license for
one .nill, although he has heard that Elisha
| tyson said so; he can prove that he demanded
! on only $50 dollars per mill for mills Of said
Elisha.
Your memorialist conceivcs it impossible
TOR him to produce his proofs in due time be"
fore your honorable body, nor could congress
| devote the time necessary to hear the great
mass OF testimony, that would be produced.
He therefore prays that the report OF the u. s.
Court, held at Baltimore, the testimony vol
! unfairly given by James Stroud and Edward
Marshall before notary public; and the testi-
inony OF colonel Enoch Anderson, taken before
ajudge, accompanying this memorial, be deem.
ed and received rs part of the same, and that
he and John Worthington and others be re-
terred with their cases backto the ourts of
the United States and your memorialist will
with the consent OF those of the memorialists
who are infringing his patent right, commence
suits against them to give them an carly OPP
portunlty of proving in court that he is not
will ever pray.
OLIVER EVANS.
Philadelphia, San. %, 1913.
LIST. The agent of Oliver Evans in Baltimore,
! under authority from him, offered to sell a Ii
cense to Elisha Tyson TO use Evans machinery
complete for six pair of six feet stones in n
merchant mill of the most approved plan, for
fifteen hundred dollars. 1t was to rate as FIVE
pair ofstones, though the machinery was TO be
applied to all six. because it was supposed all
would not ordinarily run at the same time;
but 1T was expressly stated, that no further
claim should be made, even fall six did some
times run together. No other demand was
| ever made OF said Tyson, or any of his sons, by
Lvans' agents; nor is it believed or pretended,
that any ever was made through q different
channel. This'certi6catc is given by the a.
| gent, who has I'yson's and Evans letters be-
| lore HIM on the Subjcct--and viii CHI are the
| foundation of all that passed thereon.
I'd. Evan EvaEs in his testimony, in the case
OF Evans CO Robinson, stated that in 1882
or l76S, while his brother Oliver Evans
lived on the Eastern Shore of Maryland, the
latter told him he had conceived a mode of
elevatIng meal, as fast as it fell from the mill
stones, by machine, consisting of buckets At
| tached to strap: which machine was to be
| moved by the water wheel that his brother
| soon after made model of his elevator, of pa.
| per, and that he witnessed its first private ex-
periments in mill which Oliver and his bro.
| ther built IN Delaware; and that this was long
| anterior to any elevator being in use in Stroud
and Marshaii's mill. That his brother having
| long before described it to him. also put into
| operation, when the mill was built, homer
| boy, which was concealed from the public
| the door which led to it being kept locked:
and this was previous to any machine of the
| Kind beng set UP III any neIghboring mills or
elsewhere To his knowledge; and that when
his brother was advised to apply tothe leris-
lature OF the adjoining states for exclusive
\ rights to his discoveries which was before
/ the adoption OF the federal constitution he
took down his hoppcrboy; the elevator had
previously been Kept concealed. That the
first conveyor which MS brother Oliver invent.
ed and combined with his other. machinery
was not continual spiral screw but was a
succession OF ploughs placed sfansversely a.
/ cross the spiral line; and this conyevor was
applied to convey the -four from where II falls
| from the mill stones 10 the elevator: and that
this conveyor, constructed and applied, was
| not in operation in Ony other mill that he ever
! saw or heard of, before it was so invented by
his brother Oliver. Evan Evans lived with his
! brother when the machines aforesaid were in
| vented.
3d. Samuel Wallace, of Dea%arc, who was
| witness in the suit against Robinson, testified
! that he lived with Oliver Evans when his first
| NupPcGOOF WAS ih-optTaIlon; IDaI ne wallace
| hung the door which led to the loft where the
| happerboy was placed, which was kept locked,
| and the KEY confded to his charge. Tie also
| siated, that said Evans had then the model Of
| an ELEVATOR, which was not up. The machines
| were kept concealed until Evans could obtain
patents from the state legis atures--he concur
| red with other Witnesses, that it was notcri-
Gus then that Evans was the inventor OF the
mill machinery.
4th. 1hos, Philips, Of DeIaware, testified as
TO the universal belief that Oliver Evans was
| the inventor Of the mill machinery; which he
said was in use in his mill, and was an annual
saving to him of S 500 in labor, and, besides
| other profits and advantages, produced gain
perior quantity and quality of the -four maau-
f,ctured.
5th. Jlefi IIollingsworth, formerly of Cecil
county, Maryland, now OF Baltimore, gave evi.
deHcc among other things, that il was Tive &c =
reral opinion through the country, ut the time
the improvements in question were introduced
| that Oliver Evans was the first inventor there.
Of
9th. Ioreph Marshall, brother Of Edward
| Marshall was witness on behalf Of the defend.
ant, in the case of Robinson, and gave similar
testimony to his brothcr'ss whose deposition is
inserted at length,
7th Colonel Enoch Anderson, formerly of
Delaware, now Of Pennsylvania. in written
| deposition, and orally on the trial Aforesaid
| stated that be was intimately acquainted with
| Oliver Evans from 1884, that he lived near to
| him and had almost daily intercourse with him /: