The New York herald., 1851-11-06

the eame LiBnt 70 use al known and not pstente~
See what was thus known. (Hibbards Ev., "a A.
Henry Ev, l25 Q. See the use of different parts,
not new in Morse, Oh. b. Morse, SO to 81 Henry,
80, l56, 223; Hare, So Jackson, 1853 Byrne, 1871;
Barret, 2O2i Renwick, 232: Borden, to s q Chan
ming 3S ..
Among them, we have already seen were the
wires and the circuit-the gaIvanc battery-the use
of the posts and the ground for part ofthe circuit
the breaks in ii by various Devices as by lifting
the wire out, or a blow-the making of signals and
marks-the paper and the clock wsrk, and the
needle detected, if not the lever. (See history be-
fore given, KibbaTd Ev. "a q. Charming Ev !;
Henry's Ev 2l3; Barrett PA, POP There had
be en- too, in use in other business, numerous ar
rangements and machines for sefrecOrdiDg, such as
gasemeters for measuring the gas used, registers OF
tides and the quantity of rain falling, or work OF
certain kinds performed, direction Of winds, dis
tanees travelled by men carriages, Sc SC. (Bor-
don Ev. a. Some of these resembled much
Morse's system Of marks on paper. (Channing's
Ev. 10 al And to initiate those by like means
would be permissible though not by new means or
machinery obtained from Morse.
Hlt would ikewise be difficult to consider Houses
as identical or equivalent with Morse's, when he
uses neither Of the and distinguishing parts in
Morses Wis the pin in the lever or needle to ira,
or record characters, nor the steneoRraphic al pha
bet to make them Ineligible. (Hibbsrd Ev 2S AZ.
House also uses some things, which seem new and
peculiar to his machine, and prevent it from being
mere equivalent; lBarret, Ev., Ni-5' Rem
The supposed ne W discovery and use by House Of
axial magnetism, operating perpendicularly within
cylinder, covered by coils Of wire, and helping to
produce the astonishing number of 81 to 81 vibra-
tions in second, is claimed to be important aa} to
aid materially in the operations of his machine
(Reynolds, Ev., 274) How that may be, must be
decided by experts where necessary as also the mpor
tance of the air and air apparatus which he employs
1t is true that air Is as old as creation and its use
as moving power, almost coeval with navigation;
but the employment of this all perva ling and nearly
spiritual element in telegraphic machinery, to move
by its vacuums, with superhuman strength and
speed, and contribute to print rather than speak
IDEAS may be new and original.
But it does not seemuseful, on this OCCASION to go
into details concerning either of them considering
how the machines stand on other grounds and their
external appearance in connection with it,
Indeed, we are compelled by the history of this
subject, and the most decisive weight of evidedcs
on the stand to believe, what is certainly not in
accordance with our own previous general i'm
pressions, that mu,h we supposed new in con-
ne ,tion with both of these machines, is not new,
nor to be protected against use by others For
instance:
Tho use Of electro.magnetism generally for CON-
municatng intelligence at a distance, and there re-
cordng it, is heretofore shown, not new to either
Morse or House. The idea had, as already ex-
planned, been long conceived prior to the expert
ments of either. But the want Of sufficient power
to operate at great distance, till after the dis
covery of gal Iva nism and the horse shoe magnet,
prevented its complete success for practical objects,
leaving it rather, as then called, "philosophical
toy" in most places. After this discovery ad i'm
proyemept, the want of mechanism to repeat the
breaks rapidly enough for general use, ana mark
the marking down dot at the distant end, made
at the starting place, was known by the detection
of n needle and other devices, such as the spark,
though not with the pin and the kind OF machinery
throughout used by Morse, with the stenogrsphic
alphabet invented by Morse. So the signal OF a
letter at end plainly understood at the other,
was known before Houses invention, but never
made to work with the speed of his, and to print
that letter, as well as know 1t, at the distant place
where it was signalized.
The lever, Of which so much is said, seems only
the old needle depressed at one end by the magnet,
and, Of course, elevated at the other till the circuit
is broken; and by putting pin or pen In the last
end, a dot OF stroke is made on the paper rolling
above or below, and the stenographic signs are
then recorded One other view to illustrate, whe-
ther House has or has not encroached on what
Morse invented, and VIC shall be done with this
mode of investig gatng this branch of the subject.
From the examination made, it appears that the
novelties in Morses patents are-hrst, local cir
euits-and for these his last patent seems chiefly to
ing at distance by electric magnetism--and
thirdly, doing it by regular stenographic Alpha
bet on rolling paper Now, to the local circuits
they are not used ct all by House.
As 10 The tracing or writing at a distance in any
way and by the aid Of electro magnetism alone, II
is not the mode in which Houses achine operates
Bnt On the contrary, it records by distinct art,
viz:-the art Of printing, and by mears OF two I'D,
by new and different machinery. To be sure, he
uses, alfo, the power OF electro magnetism, but
Morse did not invent that power or its employment
in telt eltgraIhing.
and used by MoTseit IL manifest that II Is not EN-
pcyed by House at either end OF his line, but tht
ancient Roman letters, unchanged and unmodheC
in spy respect whatever.
1t seems thus demonstrsble, that all which Morst
appears en.ited to protect as new is untouched by
HouSe.
II we proceed next to the opinion Of experts
whether House infringes on Morse, or, in other
words, whether the principle Of the two machine
be unlike or not, there seems to be remarkable
rrepordersnce in favor Of Houses machine. MIR
NOISE himself is the other way gentieman-no
educated specially to any branch OF science, bu
having the general information OF man hberali,
taught. and highly ingenious mind (Prot Sill
mans Ev., 81, a He was painter by profession
according 10 his evidence, (iS, } and beside hin
regarding House as infringing, isonly Mr. Foss, al
assistant in working one Of his machines, but
baker and grocer till 1916 (Fofs Ev 13i) } These
ere all against Houses machine and neither o
them seem TO be experts, such az usually are re
lied on 10 give fcientifc opinions rather than mer
facts On the other hand, ard that the principles
Of the two machines are clearly unlike, are numerous
experts, including some Of the most experienced
ard talented in this lire Of science in the coun
try, ard some Of them also very practical men
They all, twelve CT fourteen in number, unite IL
the conclusion. that the principle Of the two is wholly
different. See Borden, Nv. 5 a record 2 a; Harye,
Ev. S22; Philips Ev S07, "a; Eddy Ev. ~; Chill
ton, 2s6 2o2; Claiming, ~ a; Hibbard, q a, - a
Byrre, 100, pol; Avery, ~; Barrett, 20i; Gould
CSa Reynolds, 21I; Renwiok, 2i0; Jackson, l6l
Some consider the two as unlike as {" a goose qui
is to a printing press" Borden's Ey. a. An
several of them express a decided opinion tha
IIouss is superior some think n work Of scienc
-scne as piece of mechanism, and some as TO IL
PRACTICAL utility. (Chilton's Ev. 2s6, Byrn l.5-e
HaTvey's Ev 22l 230; Barrett's Ev. POS, PIG; Phi
lips Ev 53, 81, 29S; Lindsy 3ll; Andrews los
Ciossman l06; Jackson 1865 Though more CON
Ilcated, its results are in Roman letters, and re
qure translation; it's speed in action is greater
and 1t is not so liable to stakes in transmitting
corstruing and copying Many Of the patents o
inventions which have been upheld. are such Sigh
charges from former modes or machines as to b
tested In their m iteral diversity chiefly by thsi
better results, such as the flame Of gas rather tha
Gil, the hot blast rather than the cold, charcoa
used in making sugar, hot water in place Of cold !
making cloth, SC. SC. (Web. Ca. 100; Maso
[: 1 Wood and Min. neYol rs Brown; 3 Wash