The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-11-08

In Septem Der last Professor Morse AMI others
menced suit in the United States circuit court for Ken
lucky against Henry ORely and Others for an infringe
upon Morses patents for the American Electro
Magnetic Telegraph by the of an instrument devised
by Messrs Barnes and Zook, line of telegraph built
by said ORelly from Louisville, Kentucky, to Nashville,
Tennessee, and obtained Injunction until the further
order of the court upon the of the said instrument
on the ground that it palpable infringement
The injunction based upon the clear conviction OF
the that Morses patents good and valid and
secured to him. during their legal term, the exclusive
right of communicating eleg raphic intelligence by
corded signs audible sounds produced by the agen-
cy of electro magnetism The writ of injunction
so worded, however, as not expressly TO prohibit the
use OF sounds produced for that purpose; in
sequence of which, OReilIy and associates sought to
evade its effect by receiving messages by the click
of the instrument at Louisville. while they went
writing, as usual, at Nashville AT the regular term
of the circuit last month"; the compliments counsel
moved for an attachment for contempt of court by
ORey, Sc, in continuing to write from Louisville 10
Nashville. and receiving messages by the at Louis
vie which were maintained to be violations OF the in
junction. The writ of attachment granted; and
Henry O'Reily not being found, E. F. Barnes, who
managed his business at Louisville, arrested and
brought before the court After hearing what he had
say defence, the court gave its decision follows,
viz:
MoRsR, &c, Us. O'REILLr, &o.-Iy CHAscERY.--This
day the planants by their counsel, and the
marshal having returned the writ of hnent awarded
herein the present again Henry OReilly and E. L.
Whitman defendants to their bill, and r. f Barnes and
William r. Church. executed upon +. +. Barnes, and
found all the other defendants thereto, and having
accordingly produced the body OF him, E. F. Barnes, in
court
The said E. Barnes was heard in answer alleged
contempt and tho proofs OF the complainant having been
heard the agreed by the counsel of the parties
But the court. being fully advised, took time
Whereupon, the court that the operations of
the telegraph OF the defendants Oey and others, in the
writ of injunction mentioned by said Barnes, in the
mission of intelligence from the city of Louisville, within
the district of Kentucky, Nashville, without the district,
by making that place the record thereof in the ele-
graphic characters ndented upon the paper OIL which it
into manuscript for the correspondents pal
pabe violation of the injunction and that his operations OF
the telegraph in receiving intelligence from Nashville
at Louisville, in and by the sounds made by the
ton OF the telegraph which, in its regular operation, would
have made the record in the Geographic characters in
dened upon the paper, and therefrom putting the
into manuscript for the correspondents, a
sion of the Injunction and substantially violation thereof
and of the vested rights of The complanants; and.
1t the court the proofs and the the
said Barnes. that his apparent denial that he acted
agent of the defendants is evasion the
in the writ of injunction. and all in such proceedings
1t is considered that his confederation and combination,
apparent in the proofs with the defendants the
plainans BILL in the devsng and announcing modes of
evadng the Injunction and rendering the judgment OF the
Intellectual; his being afterwards found posses
sion of their telegraph Louisville, operating in that city
with of his codefendants ia The aachment his
ployment in the absence OF the defendants the bill, his
recognition elsewhere the line, his receiving compensa
for these his operations and conducting their bust
in the usual modewas acting under the authority
the defendants and their agent and that his
operations having been prohibited by the writ he had
read he did thereby violate the injunction, and in char
aud mode which renders him subject this pro-
ceeding. tl .le,i-
1t is therefore considered by the court that the said
Barnes guilty of the contempt wherewith he charged
and that the mpanants have right be secured against
his further violation OF their rights ..
Ii is therefore ordered, that the said E. F. Barnes may
execute bond The conplanants in the penalty IN
which the compliments were required execute bond to
the defendants in obtaining the order Of ininnction-wiil
more sufficient secures-wnh condition be void,
if the said Barnes shall by himself another any
wise violate the injunction in said writ, according
above in this order declared otherwise remain
in full force and his refusing do So he shall be
ml'ted 10 the Jail of the county Of Franklin. there remain
until he shall have executed such bond, until the next
term Of this court, or lis further order.
IL is further ordered that the said F. Barnes pay to
the painants their in this proceeding expended
Whereupon the said E. F. Barnes, with Theodore S
Bell, w. N uadernaa and r. IL, Voolfolk, his secur
ies executed bond in the penal of thousand dol
ks pay able The compainants with the condition above
prescribed and having paid the costs above assessed
against him, he is discharged.
copy-atest
JNO. II. HANNA, c. C. G. X. D.
The defendants then removed their Office across the
Ohio river from Louisville Jacksonville, in Indiana
and commenced working upon their wires through Ken
lucky, without having instrument operator in
that State. Whereupon the compliments counsel in
formed the court of this fact, and of their purpose as
the proofs could be obtained, TO the court
for order the marshal seize and hold the ORey
line through Kentucky, the ground that this proceed
ing is but aggravated contempt of the order and au
thority of the court.
The result is not yet known.
the Charleston Nov 3.
Cnss andtl, aunot