The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-07-12

The Telegraph Case.
At the late term Of the United States Circuit Court
O'Rsilly aad others for the Infringement Of Morses
patents for the electro telegraph on the limo
tion was granted last fall came up for trial
The eomplainapts, Morse, So, announced through
their counsel thai they were resdy for trial
O'RIELIr, SC, stated through their counsel that
they were not ready FOR trial. and asked for conti-
puance.
The CouRr required O'Reilly to show cause for
tinnance and he filed an affidavit setting forth va
rous matters which prevented his taking the neoes-
eary testimony.
The COURT decided the grounds forth to be insult
6cient and overruled the motion for continuance.
ORkILLr's counsel then stated that the case had
been ss for trial in irregular in the clerks
Office, which the Court after rsument adudged to be
In violation Of the rules Of Court and that ground
the case went over to tho next term.
MIR. O'RlmLv's counsel then moved, that the full
possession OF the line from Louisville to Nashville,
the injunction granted last fall bad been severed
Louisville and near Glasgow, should be restored TO
him, that he might use upon 1t an electro chemical
telegraph lately patented to Alexander Balm q sub
ject the Queen Of Great Britain and by him trans
forred in part, to Henry O'Reilly They presented
pat ent lately granted to MIR Balm issued under the
decision OF Judge Cranch and model Of the instru
ment they proposed to under his patent, which
fully explained to the Judges, and shown In ope-
ration.
MonsE's counsel stated that this machine wa, not
the machine described in Bains specification but
in very material aspect the machine recently patented
to Samuel +. b. Morse under the same decision OF
Judge Cranch that it violated Morsss original patent
Morse patent for chemical telegraph,
throughout; that in issuing the patent to Balm pur-
porting cover this machine which he had neither
invent ed described the Patent Office had not
piled with the provso In Judge CraHchs decision; and
that. consequently Bsin's patent was null and void
ORErLY counsel stated that they were not prepared
to 40 examination OF the respective rights OF
Balm and Morse under these patents, aud If such
course was necessary must have time to take tes-
timony.
The COURT decided that these questions could not be
considered under the motion, aud that substantially
he sti IN he ed vera
Frst-Does the mode Of telegraphiDg proposed to be
used the line by ORelly violate the injunction OF
electro magnetic patents which alone in question
in ths SUIT! And in that view, it is immaterial
whether that mode has been patented or not.
Secondly-Has the condnot of the defendant been
such in view of the contempts committed last fall that
the Court cannot trust him with the uncontrolled
session Of the line!
1t conceded on all sides, that the only mode in
which Bains plan Of telegraphag could DO considered
infringing Norses electro mag tic patents in
using Morses signs for letters figures. sc which
claimed by him; FIRST for all telegraphis purposes and
secondly. in combination with his electro magnetic
machinery.
A long discussion ensued upon the patentabity of
these signs separately or in combination embracing,
also the question whether OReiy ought to be trusted
with the posse ssion Of the line.
Ne juror, without particularly noticing the latter
point said he entertained doubt that horses telc
graphic signs patentabl in combination with the
machinery with which they we're made; but whether
they were patentable independent OF machinery his
mind so clear on that point he would not now
give an opinion. He finally decided
klrst-That the plan OF telegraphng proposed to be
used violation Of his injunction which had
reference merely to the electro magnetic telegraph OF
Morse
spcondly-Tbat inasmueh as the use Of Morse's al
phabet On Bain's machine, may be finally adjudged to
be infringement Of Mores electro neric patents
and after the uncertainty shown to exist as to the per-
who do may, control the line he thought 1t but
right that the compainants sh ,ud have security that
IL shall not hereafter he used for the infringement of
their rights He therefore ordered that the Marshal
restore the full possession Of the line to Mr. OReilly
ON his giving bond with two good securities, condi-
toned that If he or his agents shall in any way. here
after infringe Morses electro magnetic patents in the
thereof they shall pay all costs and damages which
have accrued may accrue to said Morse, &C by
thereof may be adjudged BY the Court on fnal
hearing
1t was slsoadjudged that OReilly pay the costs in
CURED under the for not already
paid.
Counsel for compliments Mossrs Loughborough, d.
Monroe and Woolley; and MIR. Kendall, having been
admitted ms an attorney In the Court participated in
the discussion upon the defendants motion
Counsel for defendants, Messrs Pirte, Attorney 60
neral Johnson and the Hon Senator Chase, Of Ohio.
Upon all points affecting the main case Judges Me-
tion of defendants. Judge Mckinley declined to act
The matter now stands thus The main case stands
for trial ut the next October term. The injunction
stands originally granted. with the addition Of
curity to the mpsnants required at this term. The
claims Of Morse and Balm, under their late patents
main unaffected.
In relation to the foregoing statement may add,
that Judge Monroe in the most direct terms expressed
his unchanged convictions to the validity Of Morses
claims adjudged In the injunction case and the
counsel for Morse have doubt that his patents will
be- mphanty sustained upon evidence now cell
lected either do they entertain any doubt Of sus-
tanning Morses eectrochemical patent against Balm
and oil other inventors; and the doubt, mot enter
tanned by them but expressed by the Judge whether
Morses signs are patentab.e, except in combination
with machinery to work them, shall ripen into mega
tive they apprehend practical effect from IT, except
In it's bearings upon the psndcR legal proceedings for
In Morse patent OF recent date those signs patent
ed in combination with machinery for working them
by the electro-chemkA process.-FronkJ"' (ky)