New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1850-10-21
ACKNOWLEDGEMENTS the Great Telegraph


patent, Judge Woodbury. yesterday Delivered an
opinion against the injunction prayed loF by p'o
plaintiffs. HIS honor proceeded tlrst 70 coLsIi -
the patent Of Mr. Morse which he DID IN ul'i -
TO sustain its validity, w that tHe Of
the principle, or the use oi the inotEe b,i,e,
electro magnetism must be nndefsI'Ih. hin, in
in combination with the machinery; D .ia,, his
vented IN give il broader si2hI'iD"s &C., t s
honor said would be TO MAKE 'olu W io,
Mr. Morse Having determined tnc po.'asl ~
of the nataut his honor proceette1 ~ r. rl
neeI, IN the evidence contahen III e''' go =,
- brieay considering the numerous ftG
LEON tnegraphs, electric ana 3aiValiie' VIM"
,,aro invented during the last century ana inc
nresent one including 4oenlerlnS : ttonaiti :
schillinp,s the one at Madrid and 0thers] his
49, ,,rocecded to comment on the attempt Of
Cove in America and after on the electro record
;no TELEGRAPH! invented by son OF Massachusetts,
at Long Island IN 328 Mr. Harrison Gray DEar,
which he characterized rs OF remarkable lnSenut-
w. as in the application OF the idea OF time IN
regulating the space Sc as TO compose an aiphaDet
and the first American who had succeeded III TINS
purpose Of recording, although the system ne used
differed some from both House and Morse The
experiments Of Prot. Henry, at Albany. also ante
nor TO Morse's attempt III winch he endoWeo tiIe
electro magnet with power equal to raising inc
weight of a tpn and 0bviated the great dfhcuitles
which had lain in the way OF using electro ula5hc
tism These all preceded the passage on Doatu
the ohm Suiev. in 1892 when Mr. Morse and Dr'
jackson conversed on the subject, ana wneh .N''
Morse commenced his labOrs. After loiio"lh5
down the various inventions and la6ors o. 2teIiI
he'll Gauss Alexander, w eber, COOK ttiu " ic''
stone on the telegraph, to the ddte Oh MOI , "p
rlicot;on for patent III 1897, ils honor remarked
tbot eomethins was wanted in all these to pro
duce result perfect for practical use; that among
the sixty competitors who had iaoore1 lof tlls
end, Morse appeared to have got the most practl-
cal and perfect machine. The combination OF the
pen point and the machinery to move paper WIN
the telegraph, his honor thought to ne that desio-
eratum and the essential point III Morse lhVeh-
ton
His Honor said that Mr.. Morse aud his assg
nees would be protected in the method OF teie-
graphing claimed by Mr.. Morse The pen--a most
happy thought the rollers and paper a most I'M
portailt thought and the stenoSraPhe aiPiiaOo.'
the browning thought and any Infringement On
the things described, &c. would nc P4ilis"o,I'
UVble Norse is thus secured, the same latitude
10 left omen for his successors to invent as was ac
corded TO Mr.. Morse in improving on his many
Now has this patent been violated by the de
1eiondonts The defendants insist they have
used nothing which was not open ana paoic pe
fore the date Of Morse invention. WhIe Smeid'
ING tho public in this right, we must not allo" any
one 10 ,lse tie invention Of Morse without ms as
sent. Houses machine appears much Unlike
Norse's and in It's work differs III uslnS Two new
w l!llG NIDTSC is SiDIkllC, tiihe VI
to ga complicated rs to require days o attention
nv mechanics to understand. While Morse s is
s1eedy. Houses gives lightning to Roman letters;
his speed OF breaking and closing IS much greater
than Morse's, and without this greater speed ne
corld not accomplish his object THIS is not Tue
same system as Morses, and IS much more hKe
that OF Alexander
Morseis machine traces the signs intended the
TYNE or the lever mt one end do 50, and the pen mt
1hc other also House machine does not do this
II acts ut both ends by signals and traces noth-
ing This new power OF 0Xlal lNagnetlSm the III
vcntion of which is is claimed by Mr. House, aids
in transferring this 50 as to have 1T printed, ana
the q magnet of Mr. Morse would be utterly IN
efficient for this purpose Houses is q signal alld
printing telegraph, and Morsc's is a writing teie-
graph The eleCtro-magnetism between inc Two
points had been used long before Mr. Morse, ana
is therefore, no Infringement OF ms lhTe"'"",
House produces IN his machine new results, ana
Cannot be considered an equivalent Tor Morse s.
as he uses neither the pen the lever, nor the stem
ographic alphabet tq translate the Signs rs p-
pears from the testimony, OF Prot. Henry, ".
Jackson. Prof Hare, Col. Borden Hubbard, Cham
mig &c. ;i;.
md novelty in Houses machine OF the aNlal MAJ
netisn and the use of the air tubes and condenS
ers and expressed himself astonnded. III cNa4lh,
ing this case to find that SO much WhSh ne hV"
suUnoScd to have been near az oN9ma IN Le!e-
graphing was not of late origin or derived nom
Mr. MoIsc's as electro magnetism, WIRES &c. o3I
that the invention OF Mr. Morse n! III Hiie'e"'
nlncc from what lie had formerly supposed
Norsefs leading novelties, his honor thouSht
,,ers1st fine local circuits ID writing at DIS
t1rcc bv electro magnetism; 81, the stcho@ruptic
alnhnhet Neither the electro magnetism, or the
Roman letters, or the printing apparatus were III
vented by Morse. The local circuits ana inc sue
geographic alphabet were not used by House or
the writing, Ne. -,
The opinion of the experts, who testlhed III tue
ease MS 10 the principles ct the TWO machines,
stood thus Mr. Morse, WHO was not regularly
educated to mechanics, aud whose profession Was
that OF II portrait painter aud, beside num- VI +
Foss his assistant who, until 4 few years past
had been employed Gully as grocer ana oaNer
alone regard this as an infringement. Oh Tue
other hand Il numerous body OF experts III me
chauics-somc twelve or lourtcen-emoracit!S
some OF the most talented men III the country III
their professions, unite in opinion that TINS ma
chine OF Houses Is no Infringement some Oh
these gentlemen say the two machines are as UNI
like as Couse-Quill and printing press
His honor said he thought the difference OF Mr.
Morse and FoSs from the rest OF the experts, arose
from their attaching wrong meaning to the word
"princple" as used in the patent law. and that,
setting aside the battery and wires, nc winch
we're public long before Morse began to invent,
there could be no question of Infringement The
public had the same right to make and reemploy
the old modes, the same privilege TO make I'M
provements rs Morse had III le32 HIS honor said
on considering the whole, do not think the pi0ln
tin entitled to an injunction. His honoreNpresseo
his sense OF the weight due to the decision o.
Judge Monroe, of Kentucky, against Q RELY but
thought ii did not apply mths cause, and SAID that
his examination OF the evidence IN tins cause h0t
imuelled him 10 take the views OF the subject ht
had stated, and which, II wrong, he elt gratliict
il was in the power of another end higher trhuna
nl.i 4 q l Smith