American telegraph. [volume] (Washington [D.C.]) 1851-1851, 1851-09-01
WAsHINGToN MONDAY AFTERNo ssEPTEMBER / 1851

inlths village Of Great Darlington for the pur
pose of studying the localities In connexio
with the controversies and lawsuits IN whlc
the defendant and the Berkshire Woollen Com
pany and others were parties, against Horac
II. Day.oiai,,o IN r,-9 81 "rr a'r.43 II win.
h And the, plaintiff did accordingly 50 remair
in the said village, and did wholly devote him
self to the business of the defendant, having NJ
other purpose in going to said village gsqs54.
! 3I And the plaintiff in pursuance to the instruc
tions Of the defendant did visit and examine thl
works of the Berkshire Woollen Company in tht
said village, and the dam and empower be
longing to the said company, especially in rela
tion to another dam constructed q, little below
| on the same stream by Horace II. Day, in con
sequence ofwhich ii was all ged by the defend
ant, the dam and water-werks of the said com eoIm
pany had been greatly injuries. and coptroTer
sizes and litigatiops had resulted between th'
| said company and the said Day. ,I4;o
| And the plaintiff did, under instructions from
the defendant, visit various localities in and near
the said village, in order to prepare himself to
write descriptions Of the places with which va
rious incidents connected with the controversies
and disputes between Day and other parties
before mentioned. @ ,l.x
And the plaintiff then returned to the city Of
New York on Monday, the - day of Septem-
Der, and announced his return at the defend
ants Office, and sgnifed to the defendant that
he was ready to furnish the proposed written
articles whenever they should be called for,
And the plaintiff occupied himself with the
preparation and consideration of the facts for
the composition of such, articles or arguments
upon them, as might be required by the defen-
dant.
And during the months Of September, Octo-
Der, November and December, in said year one
thousand eight hundred and fifty, the plaintiff,
at the request of the defendant, continued to
call at the aforesaid residence and Office Of the
defendant, for consultation in regard to the
business of the defendant, and to collect and
receive Information inregard to the movements
Of Horace H. Day, and to be prepared TO de-
fend the interests and alleged rights Of the
defendant, and Of those associated with him,
when attacked by the said Day '1's..
And during the four last aforesaid months,
the number Of visits and consultations thus
made by the plaintiff to the defendant, and at
his request as aforesaid, was not less than fff-
teen.
And the plaintiff being urged by the defendant
to come moro frequently to the said Office of
said defendant, represented to the defendant
that on account Of the public md conspicuous
character of the place SO Broadway, the secresy
desired by the defendant in regard to the en-
ployment and association of the plaintiff with
the defendant might fail to be preserved, and
plaintiff therefore suggested to the plaintiff that
for the purpose Of maintaining such secresy, it
would be better that the necessary interviews
and consultations should take place either, at
the private Office of the plaintiff or at the resi-
dence o" the defendants TO the propriety Of
which suggestion the defendant assented, and
appointed interviews with the plaintiff at the
defendants aforesaid residence. =. -. ~. :.
And the plaintiff duly attended in fulflment
of such appointments, and being again requested
by the defendant to meet him at 90 Broadway,
the plaintiff renewed his attentlances at the said
office of the defendant, and continued them by
appointment and request of the defendant,
during the months of January and February,
one thousand eight hundred and ffty.one the
number of such attendances during the said two
months being not less than twenty. ri eE
And the defendant also called in the month
of February at the Office Of the plaintiff, at
No. "a East Fourteenth street, in said city Of
New York, and consulted the plaintiff in regard
to the said business of the defendant and called
repeatedly at the said Office of the plaintiff for
the said purpose, and for no other purpose
whatever 4 g.m1 etass e.1# s.as all
Andin the month of January, one thousand
eight hundred and fifty-one, the defendant in
formed the plaintiff that the aforesaid Horace
H. Day was then in the City of Washington
endeavoring to procure the passage of bill in
Congress to- alter the patent laws of the United
! States in such manner as to injure very ma
terially the interests of the defendant and OF
Charles Goodyear aud other inventors and pa
tentees associated with the defendant or repre-
sented by the defendant, and employing him
to defend their alleged rights and interests
And the defendant requested the plaintiff to
hold himself in readiness to 60 to the City Of
Washington to attend on the sessions Of Con-
,hnv oh ha
counteract the pretended Vaccinations Of the
said Horace III. Day, and prevent the passage
of the said bill in Congress. .r
And the plaintiff agreed to 60 to Washington
whenever the defendant should so require DUR
ing the sitting Of Congress then in existence.
And the defendant agreed to give the plain
tiff due notice Of such necessity. la
And the defendant in said month of January
requested the plaintiff to write certain articles
for publication in the newspapers, setting forth
to the public the injustice Of the course of Hor-
ace II. Day, in denying the exclusive right Of
Charles Goodyear to certain modes of preparing
and manufacturing India rubber. And also
setting forth the alleged great losses and griev-
ances that would be caused to meritorious in
ventors and patentees by the passage of the
aforesaid bill in Congress for the alteration Of
the Patent Laws Of the United States
And the plaintiff, in pursuance of such in
structions, did compose and write series OF
articles for the defendant, and furnished them
to the defendant, who accepted them and pro-
nounced them to be complete and satisfactory.
And the defendant, on the - day of Feb
ruary, in said year one thousand eight hundred
and Rfty-one, placed note in the plaintiff IS
Office, requesting the plaintiffs attendance at
the defendants Office.
And the plaintiff, on the receipt of the said
note from the defendant, and on the said -
day OF February, he, plaintiff, called at the
office Of the defendant in o state of great alarm
and anxiety on account Of information received
by him OF the danger Of the passage Of the
aforesaid bill for the alteration of the patent
laws, it being reported to the defendant that
there was majority in both Houses Of Con