Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1813-05-10

new End useful manner, but invented u new and
useful application OF IL when so III; proved max
Ing thereby new and useful Improvement in
She art of 'nufacturng -four.
Nrhe elevator came next i'll question-iiere
the defendant gave evidence of various hydrau
lie machines, something resembling am eleva-
tor Ia had formerly been used in Europe or
psopoSed 10 be used. for raising water but II
appeared that none OF these machines had ever
been applied 10 the raising of meal OF graf, III
were TIT Nr that purpose. The eiey;ft0r OF f.
vans Was eSscnti,,lly different, and aSgreat I'M
provement Nhich was not only applied TO this
new purposeAn the manufacturers -four, but
Was extreinelVhusetnl for that purpos~.--They
then Proa!uced% miller from lie state of Della
ware, ofthe nam ot Stroud, VINO after Evans
told him grain AM isur Nigh be raised by 81
machine, did in t:tst make y elevator similar
to that % Evans, Dough not comrlete.-liGf
Stroud declared that lac tever sh u!d NV
thought of II bet iSr the Information hsfre
ceived from Eva,,s Atd it AS proved outhe
part OF Evans, that helad ve'ted his IVA
tor and made compkte Model of it, betre
S,roud's was made. On th,5A Mead stroud Ma
so wNll satisfied, that he pu{c ased license
from Evans 40 use his ED atof, together with
his other improvements. ~
As to the hopper Tle,defend- nts gave
evidence that some miilerX IN Delaware, OF
the name of Marshall, having Ieard 1T Evans's
discoveries which were kept csIN eaicd, ,nyen-.
ted and attempted TO I: very Vpperiec ma.
chime, for tue purpose To wliicltlsp..ns applied
his hopper-buy. Bat e MAJ sisl 81 wi!o were
produced rs Witnesses, proved tWtFAteir ma
chine did not answer tire purl3os, son, accCunt
OF several essential defects, III its ptinclpie
and construction, and that as soon as t,at OF
Evans, which was very different and y rycom-
MA Il h
license from him and threw aside. they osSp,
Al tiIese machines were admirably cpmbf-
ned in All original and useful manner AtHe
patentee.
The defendants, thus defeated on the eviS
dence, lit Xt attacked the on the constfdc,
tioa and even tie cons,itutionaliS ot the sct-of
congress but the court. composed OF MIR. Du-
val :, judge OF the supreme court, and MIR.
Houston, The district jQ,lge, decided against
hem on every point. Ihey then gave up tie
defence, and ooHtne d all heir evidence TO the
mitigation ct DAMAGES. The jury found YER
dict OF . 1890 ion hs plaintiff in he first case,
WHO declined demanding uge treble damag,
allowed by law. Tue defendants l., all the sub
sequent cases which canc 20 trial, TO the nt ~
Der OF four, confined themselves entirey to ex-
cuses Ia mitigation of tiamages.-ln all the ca
ses there were yer'l ics Tor tue plaintiff with
ample damage--which gave universal satistac
lion.
The special acteof congress it will he OBJ
served under winch the patent in controversy,
was granto Il, gives right of. action against
such persons only as have used, since its pas
sage, II may hereafter use the machines, with
| oa having purchased license therefor. All
who paid under the former defective patent
arc expressly protected nor can there be any
recovery Tor using tie machines pri + to the
present patent even without having paid for
.hem. The special act is not retro pcctive in its
operation or IN tie construction put upon il BY
The pAtenteD and his counsci.
Evans, 10 shew the utility as wen as origin
aiity Of his inprov MS, produced at tie trial
many resPfCtab witnesses. and read the fol
loving ceT ihcale from >tlessrs Eilicotts, near
Baltimore the most skiiiui mIlwrights anu
expert, rce, miiiers in this or any other part OF
the United SiatGs
p" WE DO CERTIFY, That we have C.
% rected Oliver Evans's new invcntcJ mode Of
eev.ting, convey ing and cooling meal, &C.
AS Tar as we have experienced, we havs
tound them 10 answer a valuable purpose,
Well worthy the attention OF any perso con.
cerned in merchant or even extensive coun-
" try mills who wishes u lessen the labor aud
expense Of manufacturing wheat into -four.
(SiSned)