The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-10-16

cleared up the miss In which the defendants ceuu-
Sci have attempted to shroui it, shall proceed to
conder the eeot produced on the prina facie title
Of that patent, by the evidence offered against it.
And, first, Of tho French Wheeler or Coolidge, or
Collier gua-for IT Is all the same instrument desg-
mated by the different Of the persons who
happened to own it, at the different times to which
the evidence refers. This invention was made by
Artemas Wheeler. near Boston. in 1878; aud it WAS
certainly very ingenious, although o perfectly
useless contrivance. I bold in my hand model
nade according to the patent and drawings, which
l made myself. and which il so constructed that
your honors can inspect its works. while in actual
operation watch spring coiled up in the inside
OF the cylinder, which. being wound up in one dlrec
ti0n, has q tendency to run down again, and carry
with it tins cylinder. in an opposite direction. Of
COURSE when 1t is run down, there 10 an end to its
notion; and you may then cock the gun till the
crack of doom, and it rotstes further till again
wound up. Mr.. Colts cylinder rotates every time
you cook it, and never can fail to rotate uati some
tho time in this hall is wound up, and will run
till the spring is relaxed That il like the
French gun. If some one should invent a
perpetual melton, and apply it to that clock, By
which II would run always. without winding up,
that would be like Mr. Colts gan; and if such an
invention were made. would It ever enter into any
b0dyS head TO cav that 1t no invention, because
q clock had been made 20 60 by being wound up,
l suppose not. ct that rs the argument here. MIR.
Blunt. VINO 10 an ingenious workman, has made .
gun Ike tnis out Of steel ana iron, and brought it
into court. But when asked hin il he had fired
it, or If he thought it cou'd oe fred twice round he
said no. OF course it cannot be, and there never
was one made that was fired Il is only q toy. But
ii gentkmen think they make such guns. / have
to say that shall never trouble them for doing it;
and wish them all the in the underta king
which perseverance,, such would overcome tho diff
fculties of the would enttls them to. Use it,
with all my heart, but do not rob us of ours Now,
gentlemen have said that 1t the great issue In
Boston, whether there ever vas such gun as this
mistaken. Of course could not deny it, for it is
patented invention, and this very / now hold
in my hand, constructed tor the Boston trial, for
tho very purpose Of showing how and what the thing
was. There was an issue there, that no such guns
bad ever been made to operate an Of that shall
presently speak But WHIST was done at Boston
does not seem to please counsel on the other side
lie says it Was pantomme. and no trial. Well,
there was some of the most effective pant0mime
played There that ever saw-acts that were more
conclusive than words and viii show your honors
a scene or two OF it. Suppose Gea Harvey to be on
the stand, and to have sworn that the French gun
and Col. Colts are exactly alike, and that tho
FreAch gun r0tates by the act OF cooking, / then
take this model in my hand Well, General, you
are sure OF that you; 1t wont rotate any other
way, except by the act Of cooking Z" "Oh yes, /
am sure of that then but tho gun on the ground
thus COUNSEL here shows the motion), and the
cylinder I0tates by the power Of the spring. sWel
General, how do you account tor that % Of course,
there is no other way than TO say it rotate by
other means; and so the General admits, but in
sstS that the rotation. after NIL, is produced by It's
combination OF the lock and cylinder. then draw
out this little pin, which made so rs to detach the
lock from the cy Under, in order to meet such non
sense, and behold the cylinder rotates well with
out any look at all it did with it, Do yoar honors
not think that this pantomiinc is better than au
hours talk on the principles Of the thing in the abb
stract There is no answer to such pantomime;
and Of course, the witness disappears like panto-
mime clown throueha hole in the floor.
Another very effective piece Of psntomims was
n M on he with
lated to the question whether any guns were mado
like this French gun to work Collier was called upon
the stand. he is man about six feet two inches
tall well dressed, and with face expressive of the
cardinal virtues and ten comm sndments, and you
would IS soon expect to hear the Judge commit per-
jury as him Being examined in cn,ef he swore that
he made ten thousand pounis worth ofguns justlike
the French gun, Tor the East India Company. He
produced drawings and model; he exhibited
printed certificate Of their value; be described tho
thing with cirounstantial accuracy. On cross ex-
animation, asked him il he was sure the guns
go Hs was. asked him if he had neyor
MADE any other sort of rotary guns He
had not. / asked him if he never made rotary
gunsto turn by hand I. He had not. At sgaal
two men entered, bearing arms full Of guns made
BY him-hsnd turning guns, with his name on thoH.
Here are somc Of them, your honors, numbered from
70 zoa to make Ss NJ osr the Ibid
French guns or hand tufning-guns :" Hand
guns" '.Hers is No -; we're tho other Al like
this or Like the French gun?' ''Like this" SNou,
that worked like the French gun p II made
one l sm sure; but | improved it; i left
out the rotation part; that Sould not work"
DO not your honors think that was a very useful
But, since the Boston trial, the character of
this gun is changed. Now we have an attempt
made TO prove that Wneeler invented gun last
like Colts, ut the same time he invented this
town clock gun Collier has taken another start;
he says no forgot It at Boston, he SO much con
fused there. bishop sweurs 70 it now, but did not
at Boston; be has yecoeotsd it since; and Fisher,
fellow who 10 infringing Colts patent in Chatham
street, furnshes memory tor the other two to
by Here Is the model ami let us eXa mine the tes-
timony Which supports it John Fisher swears that
ne was eleven or twelve years old when Collier
brought his gun from America, nh nut 33 years ago.
and was working at the trade with his father, in
London; that his father made about six of these
gums for Collier, and then Collier get up for himself
to make them IN London; that ne Fever saw any
such gums since, but that he recollects exactly how
they were MADE, aud has actually made one. and
produoeH 1t hero in court Precoo0us youth he
must have BEEN Well your honors, here il the
arm; snd, as my brother Kellar has shown you.
the fellow had not wit enough to mako it to dsta,h
the locking bolt so that III place of locking ut the
explosion, It un!ocks and conversely. Fisher says
that these arms no made for Collier-now, mark
that and that when Collier came to New York
last winter he had forgotten all shout it. and never
recOllected till reminded by him Now. turn to
Collier, and see how the miserable lilo is nailed by
him lie says that when he irst went to England,
he had only tne Fren n plan; aud that Wheeler af
forwards, and about 1920. came out to England
with this idea; that at that time he ad set up
factory of his own, and that no was so much occu-
pied making the French guns, that he would not
touch this new plan Fisher says ho made
them for Collier before he set up for him
self. Collier snys it vas two years after that
when the plan came and be never made any at all.
John Bishop is called to confirm the story; and he
says tina. bs father made enc in Boston, for Wheeler
to take abroad, when he was ten wears old about
thirty years eiDco: that be saw his father making
it, and was etruck by its novelty, and now recoi-
!ects it perfectly that the gun Of Fisher is like
1t. Is not this too bad! boy ten years old sear-
Dg to such story, to 0ontrovert the recorded fact
of thu invention; for the inventor patented what he
invented, different from this, both here and abroad
and patsLted il abroad long after this boy saw it,
get psaens for it; when Collier, who made what
Wheeler lid invent, does not recolect il, till this
Iilhsr rxha WAC IMelYa Yaars old. ipstrncta hun: