The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-05-15
tho curing Of Indi. rubber BY means of compound

OF SULPHUR ana ruDOor alone.
Our learned friend thought tho claim in the re-
issued patent was too broad; that it extended be-
yond the original invention and, therefore, that
ground, the patent could not be sustained. He said
that the use OF steam was necessary to vulcanixe
rubber when mixed only with sulphur. He said
that il did not appear ut the time of his application
for the original patent, Goodyear understood the
of steam or embraced il Of his forms of arti-
fetal heat. Your honors will find upon that record,
that he did understand the use of steam, and that
he practiscd it in yarousways He tried vucanizing
rubber and sulphur in steam boilers.
But it is contended that sulphur and rubber will
not vucanze in dry heat: the contrary proved by
his experiments. We have offered to prove it in
tho presence of the Court; and we again offer to
prove il by experiment before the Court
Our learned friend thought that such experiments
might be so conducted as to produce wrong results,
and declined our proposition. We do not complain
his particular acumen; and in such matters no is
generally, have no doubt, as wide awake as when
called to the subtlest points Of law.
But suppose rubber and sulphur alone cannot be
vulcanized in dry atmospheric heat. What then!
That is not the question. 1t is whether they can be
yulcanized by artificial heat.
We claim the inflammation of rubber and sulphur
by artificial heat, however produced.
look to the time when the ships that traverse the
ocean will have India rubber sails, when the
sheathing of ships will have this metallic vegetable
production, and be composed oft. see, or think
see, Thousands of other to which this extraor-
binary product is to be applied and if understand
tho matter, Mr. Goodyear's interest during the du-
ration of his patent, extends and covers all those
uses, that to my apprehension, that which he has
already parted WITH is dust and the dust ofth ba-
lance, in proportion to the other beginning
to be developed, to which this product may be APP
piled
But now, may it please your honors, come to
part of tho which approach with the greatest
reluctance, and with some degree of pain. would
avoid it if could consistently with my professional
duties; and in dischargng it, mean to deal with no
epithets. mean to tho softest words to express
the ideas which find it my duty to present. take
up the defendants answer-the defendants answer
to this bill
May it please your honors this answer is sworn
answer. Horace IL. Day has made solemn oath
that this answer, so far ms respects his own acts is
true and far it respects the acts of others, he
believes it to be true. That is nothing less than
very solemn proceeding.
Now, l suppose that there is proceeding in
which man is more bound by law and morals to be
perfectly accurate, and perfectly true in his oath,
than when he appends his oath to an answer in
Chancery. And the reason is, that the law allows
him the great privilege of defeating the whole suit
if he can, solely by his own answer under oath. And
your honors know that hundreds and hundreds of
complaints and bills in equity defeated every
year upon the strength of the defendants swearing
in his own case, because the law allows him to
swear in his own CASE and the law makes his answer
conclusive in his own favor unless it can be contra
dicted by two witnesses, by witness and other
circumstances equivalent to a second witness
Day, in his answer, has seen fit to assert that
Goodyear had failed in business, and thereupon,
without any previous knowledge of rubber, COM
menced making experiments herewith.
Mr.. Goodyear did fail. They have proved that he
was oppressedby pretty heavy load of debt. He
did, take advantage of the bankrupt law of the Uni
ted States, and as he made fair disclosure of all
his effects, and conducted himself in exact confor
nifty with the requirements of the law, he was dis
charged from his debts, and they amounted to over
$50, ZOO. The first thing no did, when he began to
realize anything out of this invention, was to pay
those debts, principal and interest. ] should have
necessary averment, that he was a man who had
failed in business and threw himself from the des-
perate circumstances in which he was placed, into
this rubber business.
believe that the man who sits at this table,
Charles Goodyear, is to go down to posterity in the
history Of the arts in this country, in that great
class of inventors, at the head of which stands
Robert Fulton, renowned relative of my learned
friend, Mr.. Cutting; in which class stand the
of Whitney, and OF Morris, and, in which class will
stand, 'non post hongo inte,ralo, the humble name
Of Charles Goodyear.
Now, here is another averment-
He says that this patent of 1919, was obtained
with fraudulent intent for invention more extern
sive than what he had in fact invented, and that
Goodyear, well knowing that the imputed error
did not arise from mistake, fraudulently in
tending to get new patent, did therefore apply
for, and procure from the Commissioner of Patents
two new patents-one for an invention different
from, and more extensive than, his original claim
or description, and the other of the same date
ierred to.
Now. here are his own words Of covenant
ADDITIONAL ARricLE.-The said Day further agrees
anything in the foregoing articles to the contrary
wiihsanding-that said Goodyear may. when he deems
right and proper to surrender the patents bearing
the twenty fourth day of February thousand eight
hundred and thirty nine and the fifteenth day of June.
one thousand eight hundred and forty four either Of
them do and take them out anew such patent
patents in such to be subject to all the clauses
conditions in the preceding articles applicable the said
patents now existing.
Mr.. Day has sworn it was and was not valid, and
if he swears both ways Mr.. Goodyear light, so far
as he respected Mr.. Days opinion, believe that,
to the snfciency Of the first specification, there
some doubt
But now am coming to passage much more
grave and serious. On the sd page of this answer,
are words OF great import-great and serious i'm
port:
: And this defendant, further answering. says that
prior TO said Goodyears application for the patent
crTed to in said BILL as dated the fifteenth day of June
eighteen hundred and forty four and also than
years before such application, this defendant used and
had in practical and operation in his business in the
state of New jersey, the thing invention discovery
every substantial useful and material part thereof
which is claimed by said Goodyear in the letters patent
copy Of which is annexed to said bill and dated the
twenty fifth day Of December eighteen hundred and
fortyniDe ana he will insist that he has right to
tnuc the use Of the same If he should elect and that
said patent IL null and vcid'
Now, this is direct swearing that before Good
years application for the patent referred to in his
BILL that is the patent of ISL. and more than two
years before such application, he. Horace II. Day,
used erything new and material claimed by Good
year in his patent of 1919 Is that so Is that so
If he had sworn that before the issuing of these
patents or either of them. he had used the same
invention it probably would have been true, but if
u had, it would have had no effect, and it would
not have inyalidated the patent. But here he does
upon his solemn oath, before Almighty God, swear
that more than two years before Goodyear made his
application for the original patent of 1874, he day
knew and used every improvement in Goodyear's
pretended invention. Let us understand this dis
tnetly Gcodyear's application for the patent was
in January, 1911, SO going back two years from
1874, carries us back to January 1872 Day swears,
therefore, that carly as January, 1872, he knew
and practised and used everything material and
ful contained in Coodyear's patent.
Ihi. is awful, Upon the evidence of this case it
j. n most fearful and tremendous answer. Because
shall show your honors, by reference to the evil
dence, that long after January, 1872, in the fall of
that year, by every species of application, and in
Cusiry, ana cndeayOr Day was seeking through the
means Of various witnesses, seduced from Good
Years cmulCN mplt. To lparn from then how Iood-