New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-01-08
IT, rur Fn,rops-JuDsoN, GOODYEAR

To THE EDIToRs.-JUDsos, ooo t ,, nAS
-.,w.- ,o. 70 Tn. uncaled for. sudden. and volenI
persons attack upon me in s are those who being
20 well understood need not Pc cs on n, vesrs at
Ins L.Hls persecuiion without al least arriving a.
suejeni knowsdge 70 be able Judge or suheen' HEn
70 and determined yet unsuccessful efforts
on tbe part Of capitalists and lawyers, "nc L.
seized upon the bnilness 70 wnen an 10 mono
under the Of fraudulent ana Ilegs pa.ens' "
poize A. compel TO this mode OF defense .,a. -,
% ~ w bsn who have gated this present oxsrdy
attack upon me- will, In due time, convince uns pun -
1t is only desperate suosnoge S ,nsy 10 'ne'"
sos ~ Wa, rs directed TO India Rubber manuiac
about ls and hs. continued os in Which have
spent twenty years Of my life and oyer Hv~srd
Who !, IN s0 &. Dsas
bad been for years msnufacuIers ana
Rubber perfected their discovery OF mooe OF &
India Rubber ooodyes having been pro
chant % bis failure about 80 "a s he Hsv
wsr6s Who were men Of genius, but simple, unedu
Gated men and possessed himself Of all their dscov mes
seoneree of bis large debts incurred in the hardware
Rsnl,she st sst got discharged unoer tne oenS' a.
enc or Two ~ faients was sold then and everything
ese an., ny " -oDerty, by bis assignee Tor
On 18Th January 1874 after h. he applied to
the Patent Office FOR patents oftsi ~ - H. oSn
invention. Patents issued In The sumhs u 1914
This may be said to be his fret engagement In inc hd
While engaged in prosecuting my profession Of manu-,
fecturer Of India Rubber commenced Ine @
used Vucanzed Rubber IN manufacture OF Shoes ano huo
Der Goods generally and have so continued every year 70
Under the laws Of Congress II the subject matter Of
Patent has been allowed into public use before the
cH5ized Rubber patented by Goodyear, was IN public
limited extent for much over two wears before
ders G0odyears Patents entirely invalid and worthless in
law In 1889, Congress passed the following law, to re-
hcve Inventors from The hardship Of the previeus law,
which voded any Patent by the sale OF single article be-
fore application for Paens
of Congres S. 1899 Section 9TH -"Tha every person
or Corporation who has or shall have purchased
stucied any newly invented machine, manufacture or
composition Of matter, prior TO the sPpieau9n OF ne IN
the right to and vend 10 others 70 be used the specific
machine Manufacture or composition OF matter so made
purchased without liability therefor 10 the inventor, or
any other person nteres ed 10 such invention and no
tent shall be held TO DO invalid by reason OF such purchase
sale USE prior the application for patent aforesaid
except proof Of abandonment OF such invention 30 the
public or that such purchase sae or prior USE has been
%Os 'N'n TWO years PRIOR 70 ''' '''D''a'" 0'
public use, for two years aud claims under this law
Very we'll allowing this for the purpose OF this statement
and That Goodyear wa. the real lqventor-he has no rights
except under the last clause Of this law The first clause
gives my right, against which he has no remedy
cept to annoy with lugauons
Now what IL my position Congress very properly.
while leRslapg for the benefit Of tsrdy inventors took
remember, that there others who had rights,
rights 81 all others who might be engaged In the
busipess, should not be abridged hence the wording Of
BY part OF this Section, my position given me-a
concurrent rghland under the law ito say nothing OF the
volumes of testimony show Hayward the inventory
have successfully defended right the present time,
and shall continue lie defense and enjoyment:
The lawyers too well know decision " the Supreme
Cour upon analogous and therefore allow defaults
dsmissals, Withdrawals nc Of their various suits, and
start lew once hspDg that In they may hnd
due advantage, by neglect my part in the legal
proceedings and hope for Judgment not In right butn
In the meantime, there of Congress for the
peal OF frau duen Patent and It's not my fault for have
farf va nj
Since the continuation commenced their efforts TO destroy
my rights In this ard 70 ger me Into such post
ten that they could create enTe mOnepoylhSve been
called upon 10 defend or prosecute over thirty suits at Law,
OF In Equity and 10 no one have teen defeated default.
an inerocuory injunction, the efec OF which determined
or decided noIhipg-whie IN all their suits against me-
OF submitted nons to save themselves from the effect
In the grsst case at Trenton when the Jury rendered
their verdict for me, in the words We dnd for defendant
gtneiay the Judge informed them that such verdict
would render the Ere, count against Day and imne-
diaey standing In their places they changed the first
count they said they "in'ended to find every thing in
1 have been many years longer engaged in making,
experiu entng, and manufacturing nOis Rubber than
any one in the United States in the business aud
with the exception Of DIR. }. J. Howe believe am The
Oldest OPERATOR in or out OF the business In the United
ash any reas ,nir man. II have proved in all this
abundany demons rated the fraud. the injustice, and the
entire baseless position OF my opposersl MY enemies
signed TO impair my credit that numerous suits are pend
ing agsins. me-" involving large damage, &c TINS
their only hope To cripple my Of doing large
business would enable hemto enjoy the more and the ek
cement IL 80 intended 20 deter capitalists from engaging
In the business think have proved the character of
such s,a.emenshy my seIs-ey PIomptdseasrgeo suny
friends with what truth these dshonorSble persons
statements 10 destroy my cTeot Aud for this they have
double motive; for having openly violated some OF my
valuable Patents, they combine together their means
and their influence 10 prevent my obtaining
fear my continued prosperity Will enable me TO call he 10
account for the damages which amount TO many hundred
thousand dol suits for the recovery Of which, are COM
menced Men act from motives; their great object Is 10
prevent my enjoyment Of my rights % the Nucsuized Rub
Der escape the consequence and penalty OF their
piracy of my Patents and inventions
One OF he objects OF inns unhoiy eemoinston IN !hs 81
only hope For their hbels have already cults Instituted
against come Of hem,snd Mr. Goodyear Is now under
bonds in suit to me foe malicious prosecution.
Ts the end that these hbeous publications may De pro
pery appreciated by the few creditors In whose favor my
obligations maiUred suboin the affidavit OF those
who know, and am happy 10 say that my debts and sb-
my surplus 10 my numerous friends that shall
have 10 call In aid to vndcaie my legal and just rights,
however wicked the Vaccinations may be-
Cry AND County OF Nkw-YORK, sS-Amos D. Wyck- |
OF jersey Guy IN the County Hudson State Of New
ploymen OF Horace H. Day principal BookkeePer and
Cashier for over Eve years a.. past and s now so en-
and responsibility OF the said Horace H. Day, and Knows
al abou, his circums snccs and MS liabilities
Deponent says further, that he knows said Horace H.
Day to be worth more than sevent6ve thousand dollars
and above ell his debts OF kind and is in
circumstances. II. W
Sworn before me, Ian T. 1851,
JOHN w. PRISON, Commissioner ofDeeds
CRY AND COUNTY or NEw-YoRK. William II. Rog-
ers &C The city OF Newly orb, being duly sworn saws, He
has been fo the last six years IN the employment of Horace
H. pay and is engaged as principal salesman Thai
ne read the foregoing affidavit and knows the state
menls therein contained to be true. -
Sworn before me, Jan 7h. 1881.
JOHN w. PRISON, Com'r. OF Deeds.
Regarding the proposed reform Of the Patent Laws,
appears that this combination the oppOsers OF reform
The public will be glad know It, and viii spprehend
be fully appreciated by Congress Nothing like being able
10 see motives In nv soul thank them Tor this sdmis-
slon, and doubt not inventors throughout the land
will rejoice in the discovery Of the real authors OF all the
HORACE II. DAT.
THE LATEST FAsHIoNs.-ANDREws &