New-York daily tribune., 1851-07-29
NEW-YORK TRIBUNE.
LAW COURTS.

and 70 serve a copy Of your answer To the said con-
DfsInt on the subscriber, at my Office. No 81 WI
ham St Merchants EXchangel m the CITY OF New
York within twenty days after the service hereof,
exclusive Of the day Of such service anf II yon ia
70 answer the said complaint within the time afore-
SAID the plaintiff IN this acton Will take judgment
against you for the of one thousand seven hun
dred and fifty dollars with interest from the tfth day
of April, one thousand eight hundred and hsy,0ne'
BESIDES the cost OF this actlon-Dated 22in jury
1851 GEO. HALsh1,
Plaintiff Attorney.
SUPERIOR COURT or TIE CITY OF NEW-YQRk
d FRANCS BACON Plaintiff, against WILLIAM 1Op-
SON, Defendant. Compliant
Tn. .omni.,nt nj tho above named plaintiff re-
xpectfully shows TO tbs Court that Salo paihn' ol
tie = day Of June, one thousand eignt hun1ie. ,.
and fly specially requested oy lhe u5,snu,.' ,
n call Al the residence Of said defendant IN I"sy
Syst-sf near Fifth avenue IN the sad City OF New
York on the evening Of the said day, Tor lhe pui-
pose of consultation IN regard 70 the ousIneoo - W Wv
defendant, and for the purpose oil mah'hs dn ensa5
IneDt with the defendant, for the composing anu
writing (by the plaintiff OF certain Articles OF pes
On the subject Of the controversy between sdu uc
feBdant and Horace II Day IN regard 70 the several
claims of Charles GoOdyc and the SAID Day 10 the
patent rights OF sundTy inventions connected Win
she use OF India Rubber IN various manufactures
And plaintiff further says. according 10 the sad re-
oue,t OF the defendant. he did call AZ the sad resi-
dence of defendant on the evening OF The sald -
Of June. and was there requested by the defendant
10 undertake the work OF writing such articles, IN de-
Jense OF the defendant and said Charles Goodyear,
as should be required for the exhibition OF their al
legged ust rights and FOR the exposure OF tue alleged
false pretensions Of sdid Horace u. Day ana the
plaintiff consented 20 undertake the work ol such
writing under "a promise from The Cc'cnllNt OF a llO-
eral compensation therefor and the deicnddnt re-
auested the plaintiff 10 call frequently at the deieh1-
anps residence and Office for the purpose OF consul
taton IN regard 10 the subject. form ana stye Oh tne
proposed articles and the pldinH 90 80 Can on tne
defendant and consult and advise w'lh MN on lne
rn1 pT0poffd lInflc-l ~ nnpI I'M ~ '.e a
eight hundred and fifty, the sad calls ana cohsuta-
,Ons not being less than SIX IN number
And also plaintiff shows that IN the monih OF July,
n SAID year one thousand eight hundred and hity,
the defendant applied to the plaintiff, soliciting the
further services Of the planth IN and ABOUT the IKE
business OF the defendant
And tht reupon the plaintiff called upon the deien-
dant sundry times al his SAID residence and also al
his Office place of business at number - Broal
way, IN the SAID City of New-l lOrk, and received
from the defendant statements OF the SuDJect ana
character Of the compositions desired from the PLAN
hf by the defendant ~
And the defendant then narrated to the plain'Ih IN
the sand statements, long and particular account
OF the defendants controversies and Itlgation WIN
Horace H. Day, about certain patent rights, and con
tracts, which were alleged 10 have been lniTingeu
and violated by the sad Day, OF which pat .ni rignt
the defendant claimed 10 be the proprietor, JOINTLY
with Charles Goodyear and some other person or
persons
Abe sand Horace H. Day was very bad, dishonest,
mendacious and arih man, who, by msTepresenia
tons, publIs he'd IN the newspapers, had succeejeu
On creating very general false impression IN thc
1abhc mind, to the character and history OF the
claims of the SAID Charles Goodyear and Others
and OF the SAID Charles III. Day and others, to
certain inventions of modes and processes OF manu-
featuring various products and fabrics oi lndla
rubber
And the defendant also stated to the plaintiff that,
IN consequence Of the erroneous opinions thus CIR
cnlated, II was difficult 10 obtain far and unbiased
Jury for the trial of the patent cases then IN litigation
between the SAID Goodyear and the Sdd Day, ana
that 1t was necessary TO dsabuse the puOhc nnd oil
the said false impressions, and 10 set fOrth me true
history Of the SAID Inventions and patents and OF The
lawsuits Herewith connected. IN series oil counter
publications IN the newspapers, TO the intent 'hat
juries might not be Influenced by the SIDED state
ments and perverslons industriously produce1' puO
hshed and widely disseminated by the Sad Horace
II. Day.
And the defendant at the same time admitted TO the
plaintiff tha, the defendant, and other persons EN-
ployed by defendant associated and Interested
with him. had composed and published many articles
M reply to the before re-mcntoned articles OF Horace
H. Day, but without satisfactory effect and that the
defendant and those who were associated or inter
ested with him. believed II desirable and necessary
70 employ some writer of experience and ability TO
study the subject of these inventions and the attend
ant l,tIgations and to prepare and compose state
Ments of the facts IN CONTRADICTION oi thc statements
published by the said Horace IA Day.
And the defendant then proposed u the pialn,iii (aS
being, IN the defendants opinion, writer oi much
experience in historical and controversial matters,
and capable of making the strongest argument ana
presentation OF the facts that the case would admit
that he should undertake the labor oi conducting the
whole public controversy IN the newspapers ON be-
half of the defendant and of SAID GOODYEAR, and of
other and all persons associated with the defendant
or represented by him. or interested with hun IN de
tending or prosecuting suits at law against Horace II
Day and of persons interested IN maintaining the ex-
istng patent laws OF the United States against the
alteration proposed by the sald Horace ii Day and
Others.
Aud the defendant assured the plaintiff that the
defendant had under his control al his disposal foI
the purposes Just mentioned a large amount OF mon
ey contributed by persons interested III maintaining
various existing patents, which money was denoml-
mated by the deiandant the Patentees Fund" and
that the plaintiff should receive, IN compensation
for his Writings and other services by hum rendered
To the defendant, prompt and liberal payments pro
pCrtlOncd to the time, study aud labor oy him De-
slowed upon the business of the defendant ani de-
{cndant's associates IN defending the before men
toned patent rights and claims and interests OF the
defendant and Charles Goodyear and others az dlnst
the alleged pTeionslonS of Horace IL Day and Others,
and proportioDed also 10 the skill and experience
acquired by the plaintiff IN controversial writing and
public atom and IN other work OF similar character
And IN consideration of the liberal compensation
so promised, the plaintiff agreed and engaged 10 exc
cute all work IN writing, Sindy ana inveStlgation
which might be required by The defendant ana those
assoc iaed and interested with nun IN htigaons ana
other conToN crseS With Horace II. Day as Aforesaid
And the plaintiff also III consideration OF the com
penSa'on promised oy The defendant agreed To hold
ms time and labor al the disposal of the the defend
an to 20 al short notice 10 Massachusetts, or TO the
City OF Washington or elsewhere. TO any reasona-
bic distance II II should be for The interest OF the de-
fendant or of the paientecS and manufacturers who
were interested in various htgatlonS against Horace
N. Day
And the deiendan, at the meetings and consul,a-
uons with the plaintiff aforesaid, requested the
pialnilh To- write an account oi certnS transactions
al Great Burlington IN the state Oi Massachusetts,
on the fourth day OF july, one thousand eieht hun
dved and fifty, stated by the defendant 10 the pur
por following
That the defendant, Knowing that Horace H. DAY
was ON that day Al Great harrington aforesaid, par
t,cpating IN the celebration of the day with the
dents OF that place, (ihc same beng the place of the
nativity OF the said Dayl had selected that daV and
OCCASION 10 commence suit against the said Day hY
attachment of hls property and person for certain
alleged intrlngemcnts of Charles Goodyear and for
certain alleged breaches OF contract With Charles
Goodyear, and had caused the Deputy Marshal OF
the United States 10 serve the wits OF tachment
upon the said Day IN the public streets OF Great Bar
r,ngton aforesaid, With view 70 his special ncon
Nenlcnce and great ANNOYANCE. while The nre>encc