The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-04-30
u. 3. Circuit Court.
Before Judge Thompson.

April 29-Ethan Allen VS.. Blunt 4 Syms-This was
case arising ont of bill filed by the plaintiff the Equ
~ side OF this court for injunction restrain the de-
PENDANTS from violating his patent right The Judge be.
fore whom the heard being opinion that he
mad not authority to adjudcae upon it, directed IT,
sue that the question might be settled by the verdict of
jury
vented pistol lock by which it cooked and the ps
to discharged by one continued an backward pressure
upon the trigger For this invention the plaintiff obtain
ed pnten in which his invention described az 'Al.
lens Patent Pistol" Plaintiffs complaint was that defen.
dans manufactured pistols on the principle, and
sold them.
The defendants set up defence that the plaintiffs
invention was not new-and second, that there in.
fringement Of the plaintiff patent inasmuch the
chinery of the plaintiffs and defendants pistols were az
feren both in substance and FORM The evidence howe
hs W ,S the Rss witnesses
structed are precisely the and produce the
suit The defendants witness testified the contrary,
except that they admitted both instruments produced the
same result but by different means
HIS Honor told the jury that at this late hour his re-
tant to the plaintiff and to the public Two questions
for enquiry present themselves the first is whether it
new and useful Invention and the next is, whether
this court for an injunction, the Judge before whom
wased did noeel himself authorised to instruct jury.
an issue was made and the directed
to 60 before Jury and have their opinion but il
some time before any action had. The plaintiff
complains that he has been taken bv surprises that the
defendant set up defence and produced evidence OF
which he had no notice, hut the plaintiff hiss to blame
himse he has not seen fit to do that which in my udg-
ment would entile him to disclosure Of the defendants
defence He had right to apply to the Court to compel
the defendant 10 disclose his defence have no doub.
but terms would be imposed upon him. The parties
produce evidence OF an invention being used in TO-
reign place. II party sets up such defence this he
should disclose when and where, and by whom it was
used That does net apply here because the party did
not avail himself Of his right by applying Court If
an application Of that sort made to me- have no
doubt but would impose upon the defendant those
enton this because the parties think there
some hardship in the case; but the is you
have not avaed yourself of the of the Court There
are two questions in this case the first whether
the invention is and the next s has the defendant
violated by the pistol that he has made With respect
to the patent presented here is very technically
drawn, twas not perhaps drawn by professional gem
leman The law has settled rule that you are not
to take up any insulated part Of invention Gentlemen
particular things the cock, the trigger and tumbler
The question isis he entitled to the combination of all
those three hngs1 His Honor then reviewed the eyi.
dsnce and stated to that they had but ques
tons to decide; hrst-was the plaintiffs invention newt
and secondly-was 1t violated To those two questions
they mad only to say no, this for
damages The jury brought in verdict for defendants
Counsel for plaintiff Messs. Davis Sherman and Van
Antwerp. For defendants Messrs seden Edgerton and
Kissam -
This occupied the for the greater part ofwo
days 1t was case Of considerable Importance to the
plaintiff in particular and to the public in general. The
Hon John Davis Governor, Sc, all the way from
Massachusetts, to conduct the plaintiff case and the only
distinction could perceive between the two pistols
was that Mr. Aliens pistol discharged six balls at once
and sent them round corner and Messrs. Brunt and
Symes pistol only discharged ball at time and
il round q hay stack
y The United States Circuit Court has adjourned TO Tues
day, the 9th inst.
The May term of the Supreme Court commences at the
City Hall Tomorrow