American telegraph. [volume] (Washington [D.C.]) 1851-1851, 1851-09-01

ant and defendant,s associates, in defending
the aforementioned patent rights and claim.
and interests Of the defendant, and Charle
Goodyear and others, against the alleged pre-
tensions of Horace II. Day and others, and pro
portioned also to the skill and experience ac
quired by the plaintiff in controversial writing
and publication, and in other work Of O similal
character. :sggitlps erufau15 hnB ,qsllnu
And in consideration of the liberal compen
sation 80 promised, the plaintiff agreed and en-
gagged to execute all work in writing, study
and Investigation, which might be required By
the defendant and those associated and inter
ested with him in litigations and other contro
yersies with Horace H. Day, as aforesaid. 3g
And the plaintiff, also, in consideration o
the compensation promised by the defendant
agreed to, hold his time and labor at the dis
posal of the defendant, to 20 at short notice te
Massachusetts, or to the City of Washingto
sOr elsewhere, to any reasonable distance, if it
should be for the interest of the defendant or
of the patentees and manufacturers who were
interested in various itigations against Horace
H. Day.
And the defendant, at the meetings and con-
situations with the plaintiff as aforesaid, re-
quested the plaintiff to write an account of GER
tain transactions at Great Darlington, in the
State Of Massachusetts, on the fourth day Of
July, one thousand eight hundred and fifty, as
stated by the defendant to the purport follow
ing: st..3
That the defendant knowing that Horace H.
Day was on that day at Great harrington afore-
said, participating in the celebration of the
day with the residents Of that place, (the same
being the place of the nativity Of the said Day,
had selected that day and occasion, to COM
mence suit against the said Day, by an attach
ment Of his property and person for certain
alleged infringements of Charles Goodyear, and
for certain alleged breaches Of contract with
Charles Goodyear, and had caused the Deputy
Marshal of the United States to serve the writs
of attachment upon the said Day in the public
streets of Great harrington aforesaid, with q
view to his special inconvenience and great an
noyance, while in the presence Of friends and
aoquaintances, and of others engaged in the
celebration of the day. r
And the plaintiff, in conformity with the re-
quest and information communicated to him by
the defendant, thereupon wrote narrative of
the transactions just mentioned, and of various
other incidents connected Herewith, which mar
ratiye he presented to the defendant, who then
requested the plaintiff to alter the narrative by
suppressing some statements previously made
by the defendant in his instructions to the
plaintiff, and by inserting other statements not
previously given, SO as to make it less favora-
uic w IloluSS bdyy HAu IhOIC 6pNSIS
him. #.#
And thereupon the plaintiff wrote new mar
cative of the aforesaid transactions at Great
Darlington, conformably to the new instruc-
tions and statements of the defendant, which
narrative was duly presented by the plaintiff
to the defendant, and was accepted by the de-
fendant, and by him declared to be completely
satisfactory.
And the plaintiff, in the months of July, Au-
gust, and September, in said year one thousand
eight hundred and fifty, was further engaged
and employed by the defendant, ut numerous
consultations and meetings at the defendants
afiice aforesaid, and at the defendants aforesaid
residence, all with sole reference to the business
of the defendant, as connected with his litiga-
tons against Horace II. Day. And the plain
tiff, by request and appointment of the defend
ant, made not less than twenty visits to the
defendant at his aforesaid residence and Office,
in attendance to the said business Of the de-
fendant during the three months last aforesaid.
And in the beginning of the month of Sep
tember in the year last aforesaid, the defendant
requested the plaintiff to hold himself in readi-
ness to make a journey to Great Darlington
aforesaid, ut days notice, for the purpose of
ascertaining certain facts involved in the con-
troyersies and litigations between Horace ii.
Day, and the claimants of certain patent rights,
and between Horace II. Day and corporation
or association of individuals in Massachusetts,
known as the berkshire Woollen Company .
And the plaintiff did accordingly prepare
himself for the journey and did hold himself in
readiness to go rs requested at a days notice
And the plaintiff on the day of Septem-
Der, in the year last aforesaid, late in the after
noon, received a note from the defendant, in the
defendants own handwriting, requesting the
plaintiff to leave town for Great harrington inn
mediately, as plaintiff services were especially
required at said place by the defendant, and
those associated with him as aforesaid.
And the plaintiff not being able to leave his
residence in the city Of New York in the morn
ing at so feio hours notice, departed in the after
noon of the next day, after the receipt Of the
note, and arrived at Great harrington aforesaid,
late in the same night, and then and there met
the defendant at the hotel called tho berkshire
House," on the register of which hotel the
plaintiff wrote his name as I'D. +. Bacon, New
York"
And the defendant ascertaining that the plain
tiff had so written his name, went to the said
register and altered the plaintiffs name as
written by the plaintiff on the said register, so
as to make it appear to be some other name
than Bacon. And the plaintiff being informed
by the defendant Of the said alteration, ex-
amined the said register, and finding that his
signature had been thus changed, rewrote
the altered letters, md obliterated the marks
made by the defendant upon it, and expostu-
lated with the defendant on the absurdity of
thus presenting him as an object of suspicion to
those who had already seen his name as written
by himself, and might impute the subsequent
attempted Justification to some bad motive on
his part, as if he were o criminal seeking to
disguise himself.
And the defendant stated to the plaintiff that
he feared that some Of the agents or friends of
Horace II. Day in the village of Great Barring
ton might discover from the Register that the
plaintiff was in the said village, in company
with the defendant, and might thence infer that
the plaintiff was employed by the defendant TO
write in his defence against the said Day; and
the defendant had several private interviews
and consultations with the plaintiff, at the said