Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1813-05-10
Volume XXI 2O78.7
From TIE sALrIMonE FEDERAL oAzEf4'

Statement ana explanation OF tile matters III
dispute between OLIVER EVANS and Ger.
tain Nlillcrs, who wish to use his patented
improvements in mill ling, without compensate
ing him for their use.
REPoNr OF TRIAL.
0LIrER EYINS, Phc
Us.
SAMUEL ROBINSON, Def.
Circuit court far the fourth circuit ofthe u.
=. A2oryl'snd district, ,hov. term, 1912.
This was IN actioiton the case, tor the in
fringement of patens%ght.
IS.el declaration continued four counts-thc
f,St recitej the substan eeDi the act of congress-
entitled " An actor thefclef OF Oliver Evans"
passed the 2lst january, 1903; OF the petition
OF the patentce to the secretary of state of the
specification and description OF the invention
annexed to the Petition, and OF the letters pa
tent and schedule aking part thereof 1t also
contained concise statement of the plaintiffs
improvement IN the art Vi manufacturing flour
and meal; which Comprehend certain princi-
pies made to operate tIiro' the agency of var.
Gus machines. The first principle consists in
the subdivision of the grain or any granulsted
or pulversed substance in elevatins and con
veying the same from place to place in small SC.
parate parcels. in spreading, stirring, turning
and gathering the same, byregular and constant
motion, not 10 subject the same to artificial
heat and the full action of the air TO cool and
dry the same, when necessary TO avoid danger
from fermentation, and to prevent insects from
depositing their eggs during the progress ofthe
mahutactute ThA2d principle consists in the
application of the poMte which moves the mil
or otheleprincipa machine to work any machi
merry, which may be used to apply the;5ame prin
ciples or perform the said operations bI constanJ
motion and rotation TO save expcnce and labor.
= X proceeded TO state that the machinery invent
ed and used for Supplying the aforesaid princi
MI tod Il IL
proved conveyOr, an improved hopts 6oy, an i'm.
proved driil, aud an Improved Kim dyyey.--This
countturther ale dyed that the plaintiff had COM
phi with tic several provisions prescribed by
the act of congress on the subject of patent
rights--and conc udetl with stating the hreach
TO consist in The defendants having used the
plaintiffs said improvements, ithott lcence.
The second count stated he breach 10 consist in
using machines which were an imitation andre
sembidnce of those invented by the plaintiff -
The third sta ed the breach 10 consist in using
part Of the said improvements, to wit the e!c-
SGtor, conVeyor: shopper boy aud drill. And the
Joayth stated the breach TO consist in using part
efSaid Improvements, &C.
The defendant put in the plea Of NOT GULL
TY.
Norotice was given by the defendant of an
Intention TO prove any special matters bun the
want OF notice was waved by the plaintiff, aud
the range oftestimony was agreed to be unit
mited.
The plsintiffhaving produced IN evidence the
act passed los his relief, and the patent issue
IN conformity thereto, proved notice thereof TO
the defendant prior 10 the breach complained of
and that the defendant used the elevator, con.
yeyor and hopper boy, Invented by The plaintiff
in his mill in Mon gomery county, Maryland
driving one pair OF mill stoues, and grino ing II
barrels of -four in 81 hours. The witnesses on
b0th sides, VIII knew any ling Of the origin or
progress OF the discovery, united in proving
that the plsinti twas he original inventor of his
patented improvements and all borc testimony
to the iroInense utility and admirable pert, ction
OF the INVENTION
Messrs. f.nensy, HayPer ana HiAidms, were
sounsei tor inc p'al;kn.
MeSSrs' -'I6'A'7, iHVianee' DofSey' and rem
aEeton, were counsel ior tne de'cndant.
This C Sc was eihuorateiN, lesrnedy y, and elo-
auen!y aFSueo. Inc ieapips cases On Pa'ent
fIghts ior NC" Inventions Were adouced anu
law on that supJtct iu'iy dlscusssd Any at
tempt 20 report some Oh 'he arguments pronoun-
ced on the occasion wouid AFFORD very made
quate conception OF tnelT !orce ana Driiilancy:
On The part oil ms Piaiht'1, they convinced and
oeigh.ed ait way ne%ru tneni- ihey uemoh-
strated conciusNe ly MS right as inventor, to
his paiented improvements depicieh III severe
and glowing colors me aePraVhy ana hnsehess
OF those VINO hsH cHhDlhea 10 deifaud him OF
the fruits OF MS h'eehuhly; maintained ms
Claims anu Pretens'ohS oeyoh', an controversy,
and estahIshedhiS genius ana merits on an eX-
alted ana triumphant e"lhehce'
The following briet statement was furnished to
Mr.. OLIVER hvANs' oyh's counsel, tor the
purpose OF e&nlDUnP 10 Tue committees OF