The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-10-04
The InaIa Raboer Con,roversv

According to all the accounts which had appeared In
the newspapers respecting the controversy between
Charles Goodyear and Horace Day the protrscted and
expensive litigation bet these gentlemen would
have been brought to Kind of issue Trenton
New Jersey, within the present week. The ltigsnts
Themselves believe expected that such would be the
and accordingly they mustered together all their
legal force On the part ~ Mr. Charles Goodyear the
plaintiff there appeared in the his COUNSEL
Il Curtis Esq If Massachusetts, recently appoint
United States vacant by the death Of the Hon Levi
Woodbury.
TX Gtvernor Pennington, Of New Jersey
e. r Staples, w. a.. Of New York
e. George Campbell, ESQ, q Pennsylvania.
en- Kellsr, Efq, Of New York
j p. bradley EsI cf New Jersey
VIM Judson E,q of New York
george Harding Elq, Of Pennsylvania.
u. Jarvis, ifq, Of New Ysrk.
j. Van Dyke Esq q New jersey
W Dalsted Esq District Attorney Nj
Ex-senator WIN l. Dayton, of New Jersey.
Edward Dickinson Esq New jersey
on the part Of the deisrGsnt Horace II Day, tn. fol-
lowiFg named hgal gentlemen appeared, viz
Exeoy,rntr NIocm. Ct Nev Jersey.
Francis CuttIIg Esq, Ct New York
Edgar 8. Van Winsle do.
George A NroSm New Jersey.
Richard Burton Esq
Edmund Burke Esq ate Ccmuis,ioner Of patents
Colonel Cooke. q New Jersey.
Tie legal ntlcmen both sides being in attendance
the COUNSEL VI r Co dysar took up the bill in equity,
fid by Charles Go dyear sgsnst Horace VI Day, pray
rg for an rurcton against the defendant to
through his unse rounc, that he was not in rea
ress 10 argue th and made motion for postpone
ment spd continusrce q the time within which TO
take further testimony The motion resisted by the
counsel for Mr. Goodyear on the grouud that Mr. Day
Is estopTcd fr bringing into bis defence the question
Mr. Goodyear patents, having covenanted to pay
tain term for liberty 20 manufacture them an
iHvrg thus ty bis act their validity
he could not nov stt up their invalidiy II also
further urged en- the Iart Of Mr. Goodyear that the et
u,msnt Ct the question OF law thus involved In this
equity suit would put the whole matter at rest and
might long and tedious jury trial I'm the yuit a.
law IN which upwards OF enc hundred witnesses should
be examined ans some two or three weeks Of the time Of
The C,uit ccrupifd
on hearing council on both sides the motion Of the de-
tndaIt W. Day was lott In consequences Of disagree
rent ~ The JUDI
Mr. Curt OF counsel for Mr. Goodyear then addressed
the Court and fsid tha ina much ~ Mr. Goodyear
pr,taied fof the Augment a. the suit IN equity and
Nj Day not ana iuasmuch as Nr Goodyear was not
prepared fr the trial = the suit at Law, and Mr. Days
counsel bad aytved th mselves in readiness he would
enter into stipulation that both suits should be post
pend t. further dsy This sgrse1 TO- and n rule
20 that Eject rcd the records u the Court
THt IvplS TEArr Mrrri,e on ,nE pL,Ns.--Mr Polk
arrived last ov,tirg IN the Clara from the Missouri
river lie lsu Iuft laramie the hth instant and
rvtd % rcrt Lssy,uVCgth the ICth makfg the trp
IN Twelve day end 20 st Louis h. sixteen days Mr.
Iok wac scocnIsuec b. only tive Persons in this expe
Atin the no
Az the UIue Mr Polk let tho treaty ground, who'll
rae bon rtmcrtd from Fort Laramie g. uor,e Creek
altut ANY i've miles hi. SIDE a the IT, twelve
LrtgGd " diane were tesembi,d, consisting vt Sioux
aIrI alcts tlCtLnts, SLakes aud deputaii0us from
.ihtf mites Tie regular council for treaty purposes
itd not thtn g mueictd oil hougb Cd Mitchell aud
lpuois ~ IN .aas arit,d 20 Fort Laramie 90 the
tpttant Thg deay tctu1fed in consequence Of the
INf. Gter a. he t.uu containing peseuta q the In
omn., &c Jti. twain 4r Pols m lhout huudred
aTt tbfy See ron tte treaty ground hui getting
et'y fHf = 90 tla. tine 10 suPbpssd tuat ne
DNat D., reud he concluded ~ tas 2Jth, hue they
a. y picttgrdt 70 - 20 D. - which tims tn CON
,an, Spt a..