New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1846-02-25
THE INDIA RUBBER CASE.
TO THE EDITORS.

TO EDITORS.
uree number OF your contemporaries have impeached
statement OF your Washington correspondents ard
called il an unwarrauiable attack" Mr. H. H. Day. No
part of letter is however, conrsdicted The sub
Horace Fl. Day as counsel Tor Solomon c. Warner VINO
applied the Commissioner of Patents TO set inside The
Patent of Charles Goodyear The decision was in favor OF
Mr. Day in order destroy the OF various
There has heen no trial decision any Court Wash
iugon. in which any connected in any way with the
rubber business, hsd an interest
In The Tribune lie also says:
year was The inventor of machine which solomon C.
Wnrneris nov claiming q patent for
He also says in The Tribune
''Te statement of your Trbune'sl Washington cores
pontent that Of The questions the India Rubber
rovcrsy long in he has been decided in
correct" tSgned) h. IL. DAY.
The following letter from The Commissioners OF Patents,
will perhaps, settle the question
"U s. Patent OFFICE,
Washington City, Feb s. 1916.
Sir :-I ou hereby informed that in the Of inter
ference between your claims Solomon c. War
ner upon which hearing wa. appointed 20 iake place on
invention has beer decided in your favor
Yours. respectfully, EDMUND BURKE
Commissioner of Patents.
To CHARLES GOODYEAR"
ssWhether Mr. Day the Patent Office is beibeievet
whether your correspondent correct readers can
judge Mr.. Burke contrscicis Mr. Day.
la speaking Of writer in The Express Day says - ,,s
case which ave Intended 10 up part witch
the thought would require support in some
shape would crnli:y 10 fully quoted and ot-r
him three hundred coars he will publish e whole OF The
testimony correctly IN three OF the Pinclpu New ORR pa
pers for insertion ssch
The correspondent Evening Pos: had already inform
cd Mr. Dav that the mere copying testimony tho
Patent Once wou'd be hunGred and seventy dollars,
and the Insertion OF H. as he proposed 10 i' anonymous
writer would less, probably than thousand dol
lars This is very generous and bold the part of Nj
Day Bu he is anxious 10 have The public the te-ii
monv will furnish little ediiors of papers free OF
"
have p-uly Of the which vii! be Al his ser
vice, If ii BE- desired, either now or On Trial
The and papers nornnay make the thu. of Sol
ONION C. Warner, but II Is really Days. He paid The
expenses OF the suit attended a the examinations, and
oigns himself counsel for the applicant But lei his own
Witnesses speak, OF whom Willard C. Ellis, summon
ed by Dsv ia this very case.
cau't recoecl his Days precise words but he satd
something the effect that in his pending with Mr.
Goodyear he should use hin as DEATH says do
you believe il Why, he, am just OF it
something, dom, know what"
Day. seems ard the using Up The other side and
the sor'eilDk' the witness did not Know what
supplied by the Commissioner.
In farther corfrmeron who the rea parties to
h's suit, e, another of Mr.. Dsys own witnesses spesk
Extract from the testimony Of B1J. F. IFarneT
After having sworn that he appeared 10 testify HI Day s
request, the witneps said:
and calculate 10 do far the truth will go And he
lD.y said he would protect as long as did him, IA
very fair bargain under the circumstances was rsqueI-
ed 10 come here TO testify by Hcrace H. Day
Mr. Day says in his publications that II is suit in which
yet suit which brought against him for infringing my
patent, he set up, as his drience, as follows:
That the defendant (Dsy VIII in evidence, the sail
Charles Goodyear the original first dis
coverer OF the machine or aege Claimed IN
The letters paieat AID that the machine,
&c was Invented 10y Solomon c. Warner now resident al
springfield In the Stale OF Massachusetts at period ante
ceden application OF said Goodyear for said letters
patent &c.
This his plea in Court in three different suits ard yet he
has the also to add that notwithstanding the letter
OF the commissioned OF Patents no ihI or decision mas
been had al Arlington IN which any connected IN
any way with The Rubber business had an interest
Mr. Day, in his communication referred says" Re-
garding sh1red goods received first premium, composed
partly of shlrred goods of my manufacture the
American Institute, in 1912"
In 1912 made shirred goods and Day. order 10
tain the secrets connected with the mode hired OF The
who possessed my secrets by paying him hy dollars
and his expenses from Springfield Massachusetts
10 his Vsnutactory in New Brunswick, purpose
His name Horace Cutler, AID Mr.. Day then paid Mr.
Cutters aft the his and expenses OF sxty-six
dollars, az appears from the following extract
Exiract Letter FROM Horace H. Day TO Horace Gut
Il paid your note $50, 10 Harndsn and Co.
tSgued) HORACE H v Day,
The following letter from Day Cutler Springfield,
hand Yet several OF tbs NewYork papers say that this
man is one OF the most honorable" OF Newiork met-
chants:
~Nrw-BRrNswlcK,}
Dear Sr:-Your favor OF os,h Nov came 10 hand This
morning, and would have been answered by first
mail requested. had been mperatively
cupsd rs 10 prevent my giving II careful Perusal
In answer, Will say the is Just hand
when rather DESTROYS OF doing ;e business
the factory Yet this will require vervlarg
outlay have concluded employ you you you will
work low wages, and Information of Re1tIn
The Gam. wish 10 visit al the warehouse of the
COMPANY Is Msden-lsne when VIII confer further with
you BRING along samples eeying kare make.
Should YOU any Buffalo Shoes read y-nad bring one
small and buy them possibly for retailing our
warehouse.
irish t7,osy II you thread Rubber :ciics g.
fGoodyear uses for h< spun. In haste
rensrking you had better Visit US al once once
am your ohd- HORACE Il. DAY
"MR- II CUTLER, Springheld. Mass.
'P 5. expect TO be in Newly York r1cst OF week
will look for shout Wednesday, i,sa hep Il.
ter your letter confidence you h and, please
CONSIDER also confidential II. Fl. d.
The following eNIr-ct from The affidavit OF Horace Cutler
sho the character OF this couideutis letter forced
out by law suit;
THE &C. Horace Cutler being duly
Thalin the month OF December, 1912, he depons
in the Civ OF NewYok, in company with Horace Day,
with whom he had dealings il India Rubber Sboes.
when said Day made many Inquiries OF this deponen IS 10
Charles Goodyesrs Gum Elastic inventions, he called
HEM particularly the compositions, aud manner
OF heating goods and particularly how the said Goodyear
compounded and prepared bis lncs haooss for
ing purposes and offered this deponent hy dollars If be
would disclose him al he knew on the subject The re-
salt thsi sitter heszior this deponen being II
distress said Days