The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-05-24

subject, somewhat varied in form, but in substance
much the same.
There is not statement in his whole communi-
cation IS there made and in its connection, that
true What he has stated ct the commencement
of this article concerning Hancock and his patent,
and that he was the first inventor of the improve
ment claimed, Is incorrect. Hancock had Good
years improvement and some Of his specimens be-
fore him, when he applied for his patent, and he
has never authorised Day to make any such state
ment.
For the purpose Of showing that the statement
made by Day tina. Hancock, in England, was the
first inventor Of the process for which he took out
patent in November, 1913, of heating or vulcan
ling India Rubber, patented BY Goodyear, June
letter in my possession, in the handwriting and
bearing the signature Of Horace H. Day, sent to
man who had worked in Goodyears factory, and
who possessed of the secret Of Goodyear's in
yenton before his application for patent therefor
This letter is dated December 3, 1St2 year be-
fore Hanco,k's patent in England. This man went
into Days employ ment in the latter part of 1872,
and showed Day what he knew of Goodyears Chen
secret) process for making heated or vulc lnized
rubber, and Day paid him sixty-six dollars for
Gocdyears secret, which was thus for the first time
revealed to Day Day ~ :uSsssquently made other
in the heating process for the pu pose Of infringing
upon Goodyear, and did Immediately commence
and continue, such infringement until compelled TO
stop in December. 1876. He then acknowledged,
under his own hand and SEAL the validity of GOOD
years patents, and paid 5000 to settle the suits
against him, and for license to work under the pa
tents, and also agreed to pay tariff Of three cents
per yard on the goods made shirred goods, used in
che Congress boots,) and to stamp them with the
name Of Goody - patenee, and date Of patents.
Suits for infringement were stopped and u verdict
was taken, and judgment entered up against Sea-
yer Knowlton, DAY. agents in Boston, by CON-
sent Of Day--damages and costs being RENTED, and
shortly afterwards Day published under his own
signature the following notice.:
From the New Brunswick Times, Jan 8, 1s47 :,
800 DOLLARS REWARp.-The undersigned will
pay the above reward TO any person who will give
Information rs will lead to the conviction Of any per-
son concerned in the nited States may DO found
after this date, engaged in the piratcal use OF any
Of his patents, or those granted to Charles Good
year, used In the manufacture % shrred goods, the
exclusive right under all Of which is now owned by
him. (Signed) HORACE II. Day.
What Mr.. Day says at the close Of HE article is
patent no ' in Days hands, and concerning which
he has written so much, has the name Of Mr.. sta
pies as witness to the specification. II is, there-
fore, not very likely that he ever said be had
of this article says more than dozen lawyers have
given their written opinions, that Goodyear's re-
issued patent is void, which have been published to
the world. The opinion Of . lawyer Il commonly
founded on the facts his client states to him M.
Day might, by his statements, have procured
dozen more like opinions If he would have paid for
them.
Again, this writer says no Judge has ever declared
this patent valid. This is untrue. The very first
time Day presented this question, tho Court de-
cided that the re.issued patent valid; aud this
opinion was given last fall, in case whcre Good
year was pressing for trial, and Day, by bill in
chancery, was trying to prevent IL: since which, Day
has published no other lawyers opinion that we
know OF.
Day i now working under these sane patents,
derives his income from them, and ought to pay tor
the use ofthcm rs he has agreed. Suits are pend
ing for the Of them, which Goodyear i pressing
for trial; ard Day is cndeayoring to keep Of the
trial by bills in chapecry, and njuncions aud other
means; and in the meantime, he il employing the
public press 10 forestall public opinion and pre-
vent fair, impartial trial whenever the
on.
Is this conduct Ct or proper, Does It promote a
correct and impartial administration OF iustccl IL
it calculated intended to secure a .air trial
promote justice! Every honest man, every
who regards correct administration Of the law.
must condemn this course of conduct. II Day has
just or loyal defence 20 the actions brought by
Goodyear against him. to recover the stipulated
compensation for the use OF his patents and i'm
proyements, the damages for infringing the
same, why not wait and put ii before the Court and
jury and abide the result. Does not his course of
conduct show that he is unwilling to abide such
trial, and Is trying TO get some special advantage
by publications calculated to prejudice the public
mind, and thus in undcrhand and unequal way,
TO defeat his antagonist
Here follows the letter referred to. Observe the
date. Docs IL not bear out in ell my statements,
and prove conelusiycly that Day himself knew Of
patent
Ngw BRryswicK, December 3, Isi2
Dear Sir-Your favor Of 18th Nov. came TO hand
this morning. and would have been answered by
FIRST return mail, as requested, had not my time
been so impcrativcly occupied, as TO prevent my
giving it a careful perusal. In answer
will say, the winter season is Just ut hand, when
we are rather DESTROYS of doing little or no business
At the factory. Yet, as this matter will not require
very large outlay, have concluded to employ you.
as you say you will work for low wages, and can
give me information of heating the gum. ] wish
you 10 visit me at the warehouse Of our company,
IS Maiden lane, where | viii confer further with
you. Bring along samples Of everything you have
or can make. Should you have any buffalo shoes
ready made, bring one email box, aud ! cen buy
them, possibly, for retailing at our warehouse
wish to know IL you can cut the thread rubber
which q. Goodyear) uses forsuspendcrs. lie says
il Is spun.
In haste, remarking you better visit u. at once.
j am your obf, HORACE III. DAY.
Mr. III. CUTTER. Springfield, Mass.
l.. ST. expect 70 be in New York most Of next
week, and viii look Tor you about w Wednesday. Shall
keep the matter OF your letter in confidence Ms you
wish, and, II you please, consider this al.o conidc-
tal ll.H.D.
/ will close by SAYING that the numerous. and ex-
pensiye law suits u Charles Goodyear against
Horace III. hay, who IL ~ this moment the only
protested inlfinger in the United States upon Good
years patents, embrace three separate and distinct
patents, each one OF which Is indi spe nsabo in the
manufacture Of heated Or yulcanlEcd rubber. One
Of these patents was violently contested last
mcr by Horace II. hay, before the Commissioner
OF Patents, who decided in favor Of the validity or
tho patent, viii Nh decision subsequently con-
ilmcd by the reports Of the Secretary Of the lnte
rior and the Attorney General. This patent, Day
himsefs;sted under OATH lay the very foundation
II the rubber business. There arc between twenty
and thirty licensees n-the United states working
under Goodyear patents, which lay il now in
ringing. aud for which b. IS shortly TO be trica,
and Of which patents, % hns been observed, bay
!. tl, cnly proi,.scd hlringcr.
4 FRlESr 70 CHARLES GOODYEAR.
TN NrDtstt toytEsltoy-- Tb, committee arf-ointed
~ ths Virginia Constitutional Convention The 18th,
reported iii, ~ which IA. following i digest -
j. The House NJ Delegates shall consist of 5o members
g. TO u chosen from tn west and g. from the east.
making svestern majority Of ~ =. The sepsis shall
consis, Il ~ moues 20 ql ", sass aud % from the
wet making On easorn msiority q 10 In 1866 the
ALlI. LII N n