The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-05-11
Law Intelligence.


INTERESTING LAW CASE AND ARGUMENr.-The Circuit
Court Of the United States for this District Judges
day and Saturday last with Tie trial Of the
J. W. Motto VS.. w. j. Bennett: involving the va
ing and Tongueing Machine, and the question of
its infringement by the defendant; bill was was
BY his % the
assignee of the patentee for Charleston and its vi
cnty and its Infringement by the defendant (who had
erected and put in operation similar machine and
claiming perpetual injunction against the further
of the machine by the defendant, and account for
intermediate damages The first day Of the trial was
consumed by the reading of the pleading and papers,
and by evidence and the second day occupied
by the argument The defendant offered evidence
but insisted on his common law right of trial by jury
both to the validity of plaintiffs patent, and its al
The case was argued for the defendant by our dis
tinguished advocates, J. L. Petigru and q. G. Men,
minger, Esqs with their wonted ability and ingenuity.
II. Seward, of New York, who had been specially
tanned in the cause in consequence Of his extensive
m m snS OF his IN
arising under the Woodwork patent. The mr.
gument Of MIR: Seward was one Of high and impress
sve ability fully sustaining his reputation for forensic
eminencs and justifying the plaintiff in his selection
Of an advocate. The exordium Of Mr. Stewards
speech combined noble defence of the policy Of our
patent in securing inventive genius its meet
ward and elegant portraiture Of the influence of
chinery in extending the power and promoting the
comfort civilization and improvement Of the human
His whole argument was eminently lucid and
ogical replete with happy illustrations, and inter-
sonal strokes Of refined humor 1t was rendered ad-
ditonay interesting and attractive too, by the fam
arity which the distinguished speaker exhibited with
the principles Of mechanism in general, and the
ceedingly clear and practical manner in which he
explained the principle and operation of the part-
cular machine under consideration. He insisted
that he had made out his casehat he had proved the
validity Of the patent-the title Of the plantf-the
infringement by the defendant; and that the Court,
in clear and especially where the defendant
had offered evidence had need of jury, either
to inform conscience resolve doubt and had right
and bound to adjudge the cause without such aid
large audience was assembled to enjoy the combat;
and the qualifications Of the occasion not little
enhanced by the pleasant Interchange Of courtesics
between the well-matched antagonists Charleston
Courier, May7
We learn from the Salem Gazette that the term Of the
Supreme Court which commenced at Ipswich on Tues
day last, Judge Dewey presiding, adjourned Fri
day to the 10th of July for the trial Of the will Of Mr.
Edward Phillips, of Nahant who died at Brattlcboro
last summer bequeathing vast amount Of property to
various institutions and individuals to the exclusion
in part of his heirs at law Judge Dewey is far in
teresed the result of this case that he left for
trial by the Chief Justice at the time above mentioned
Among the requests, was one of 100000 to Harvard
University; and 1t Is said the heirs Mt law have given
bonds to the of the college, obgatng them
selves to pay that legacy the result of the trial should
be in their favor