The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-09-20
THE GREAT TELEGRAPH SUIT.

Abstract of the opinion of Judge Monroe of the United
States disrta court Of ksnfueky.
Morse and others o'Rely and others On motion for
ment Of Morse's patent for the american Electro Mag
netic Telegraph"
The IN o,ion was upon the bill of Morse &C. exhb.
ted accompanied by copies Of his patents, original and
issued and sundy adavts well TO show the period OF
the Infringement his patent-right by the
defendants Notice being given Of the motion, the defend
ant (O'Reiy) appeared. by his counsel II IN Henry Pr
SON. Attorney Generator Kentucky and Produced his
answer he bin of complainants, accompanied by
additional affidavit. incorporating sundry documents
from scientific perio iica!s, newspapers and aida
Wits all which read and considered without obecuon
their competency The moion made on the 2i'h
August and decision thereon given the Oh Sepiem
ber The compainants were represented by p s Louga-
borough, esq district attorney Hon A. h WooIey AID
Hon. Benz Monroe. The reading Of the pie adings and
exhibits and adavits, &c, occupied days. aud the
discussion eight days
The utmost range of objection taken by the defend
ants counsel. 1t contended that Morse the
inventor the telegraph that Professor einh-i of Nh
nich in Germany, had, prior Morses application
patent. invented and put In operation nn electric tcle
graph that combined circn, which appear Morses
frs patent invented by him that Edward Davy,
OF London. had obtained patent in England for cleo
trio telegraph operating by combined circuits and that
Morse had Obtained the idea from Davy and his
from Earope 1892 had nlerpolated ths principle OF the
combined crcuit, his specifications made under his APP
plication filed in the patent office in 1898 before he
Europe, aud upon which altered specification his ir
patent issued in June, lS'o
Variou. objections were taken to the validity OF Mor.e
patent aud 10 the reissues thereof in lss6 and lsls
invention issued in April lS46, and the thereof
June, 1913
LIT The alleged alteration Of the specifications.
"a The effect OF Morse's having obtained patent in
France for the invention in August. 1888.
"a That his specifications claimed monopoly of the
use OF the gavanic curent for recording distance by
machinery other than that specified in his patent.
An Tha, Morse claimed as part Of his patented rights
system of signs for an alphabet not properly the subject
In regard the patents for the Improvements, was
among things. objected, st That they
of the subjects included in first pa-enis being
view npt extend the period of the monopoly %
That patents did sufficiently distinguish Whist
was the improvement from what embraced in the
patent 3D. That patent could issue patenec for
i'm provement upon his own inventon. 4th. That
part the improvement had been public prior the
application for patent, with the consent of patentee
Many other objections urged by defendants counsel
Ia reference to the Infringement contended by the
defendants that the Columbian telegraph used by them
said have been the invention of Barnes Zook,
distinct independent invention, and violation
Hoses patented rights Ga the part nauts
insisted that the evidence showed that Morse
ed he telegraph early 1892 and perfected exbi
tied it in January 1886 he invented and put opera
ton early IN 1887 the combined circuit that St-inhcs
telegraph invention published until September
1888 and shat there evidence thar invented
prior of Morse. and whenever invented 1t
telegraph which patented to Morse that, the
circuit embraced in the patent of Davy. under
which his specifications enrolled the ah of Janu
ay 1888 thsy were embraced IA Morse patent from the
French government granted in August, 1888, fron which
Davy might have obtained the idea
As to validity Of the patcn', insisted that none
of tie objections taken by the defendants available
And the Infringement contended by
ants that the machine ed by the defendants was vio,
both of the principle and process embraced in Morse
patent
The apparatus of NJ rse, AMI that claimed the nven.
ton of Barnes and Zook called the "Cou milan Tee.
graph" were exhibited before the idke and fully
med and the aliavits OF scientific read Explana
tons also made by Mr. Barnes and Professor Morse
TIE Judge occupied several hours ia delivering his opin
,on winch ne stated the different points made by
well on behalf OF the claim a injunction the
obiecti OF the defendants couns.l
the inventon, he decided the evidence was
satisfactory TO his mind that Morse the tru. and orisi
inventor OF the te-raphthat the only evidence an re
gard Stelnhes invention, (whout considering whether
- ga or not
Authority IN Septe nber. 1888 which he stated TIN
he had but his tine of telegraph from Munich 10 Bourgn
distance OF six miles, which had been In opera
ton without repairs cor more than one year.
In regard primo pie OF the combined circuit, he