The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-09-11

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kadisg Witnesses tho part Of tho painti-in fact
heir confidential man. he Gays (4sh vol Defend
snt's Printing page ll9 o, folio l9), sc, and TO
various other portions Of the csss:-
o. From September 1919 until January 1874 state all
the materials which yoo raw Hayward any other per
combine and mix with India rubber aud give the
proportions Of each with given quantity Of rubber aud
THE question fully Answer The materials were
rubber white lad sulphur and lam pback to Is lbs Of
rubber lbs Of lead and lbs Of sulphur and lamp.
black enough to black Il can't recollect the quantity
10 Have you now answered the preceding question as
fully a. you can Answer have
IL Do you with to be UNDER TODD tesying that Of
your knowledge other materials used in that
In the preparation Of the rubber 70
faoture shoes, during the time you have testified about
I2 Was any linse<a oil or varnish used Answer. I
never knew that there was.
Is. Do you mean to testify there not any used
(Answer ohected to. and the question repeated
Answer Not TO my knowledge.
10. What were your opportunities Of knowledge? A.
had all psr.s Of tne building and any
thing Of The bind.
IS You have stated .oad rubber, sulphur, and lamp
black will yen reflect ani after careful reflection
wer thorc we're any other maaArs exc pting cloth,
used in the mcnufaeturs goods in that establishment
Answer There was not up to that me meaning January
1914.
a. Was not sprts Of turpcntinc used daily in that
establishment In all their goods Answer 1t wss, most
certainly, and this slipped my memory.
Is. Are you stakeholder in Newark any India rub
Der company or have you been at any time Answer.
am not and a stockholder.
10. From the time you commenced, until Hayward
le was Charles Goody accustomed to visit Candees
factory, and he interested in any way in the bust
process factory Answer think Charles Good
year there twice during that time.
heard or knew that he had any interest there
Before leaving Cancee's establishment, did they sue
the Of lead lharge If yea state what they made
who made it, and under whose direction 1t was made
Answer. No sir they did not
Was or no;. IL generally understood and it not
the sus Of oil your cxpem MS that lead and thsrne
to be ingredient to the rubber
b vucaDized wheE combined with the other things
before you Csndees establishment If you answer
then state particularly how you arrived ut the
trary opinion whose suggestion aud what was the
article made and what quantity Off, and who made it,
Answer. II WAS.
All those numerous witnesses show that until
1886 three yesrs sitter the letter OF December 1913,
Goodyear was of any process by which this
result could be produced, without the use of lead;
that is the reason why, when DR. Jones requested
him to describe his invention, he never did attempt
it, and We have it from his own lips. that 10 1914
be was not aware OF the process; and he did not
know it in 1876 for after this time he admitted
frankly to the witness, Gilbert, that unless there
was lead or lithafge used in the compound it could
not be yulcanized II strikes me that the evidence
is very cogent upon this point One Of my learned
friends on the other side made the observation,
while my associate was arguing, that there were
more than dozen witnesses con,radicting the pro-
poslioc, that sulphur and rubber, without lead,
could not vueanize, and they promised to supply us
with list Of the names of this dozen. Thus Far this
promise is uDperformed infer from tn at that the
reference cannot be made.
Mr.. WERsTER-The praeticability Of making good
vulcaLzed rubber by the use Of rubber and sulphur
alone, can be exhibited in this court ut any time
MT CuTTrNd-I must differ with my very distin-.
guished opponent, but must say that l know of
nothing so deceptive, nothing difficult Of detec
ton, what he proposes. ] have seen experiments
made in court before have tried cases where the
mort perfect exhibitions were produced in open
l,,ysp 4ha haof al bust IL oS sol
successful. not elsewher to be accomplished.
Mr.. WEBsTER-"We do not press it, SIR
Why, the secret application of wet rag, satu-
rated with lead, to sulphur and rubber might make
difference in the result; the least alteration in
makes difference.
You might possibly produce, without lead, what
would look like useful article of vulcanizcd rub
Der but it would be utterly valueless. When,
to supply defect OF proofs by practical experiments
which may mislead, we object to q departure from
the case made by the witnesses
l have objected that the new patent covers all
heat above solsr, whether produced by the combus-
tion Of the atmosphere, or by the evaporation Of
water, or by infusion into boiling acids, any other
applica ton Of heat, by which rubber is cured; /
have shown that the plaintiff has proved affirm alive
y, by the letter he wrote to Dr; Jones, that his
mode of curing sulphur and rubber, was by means
OF heating Il III en- oven or close vessel If his pa
tent in 1914 had been taken out in just the words in
which lie then asserted his claim, it would have
lDe ryDces5 OF curing TuDOer IN an oven or
close room, by atmospheric heat, and for nothing
more. This would not have embraced the curing OF
rubber by means of another agent meau steam
because the chemical results from the appl cation OF
steam are entirely different from those produced BY
atmospheric heat. The chemical agents are diff
fcitnt. Sulphur aud rubber, without lead, cln be
cured by the application CT steam, but it Cannot be
done by atmospheric heat Hydrogen, in combina-
ton with steam, seems TO operate benefcially upon
the compound. If, then, che new patent covers all
forms or kinds Of heat. and that is broader than
the discovery in 1913, it must be void. The evil
dence shows that Goodyear was ignorant Of the use
Of steam in 1913; and knew nothing Of it until in
formed by others, after his patent was taken out.
He at that time admitted that the of steam was
not IN infringement Of his patent. REFER upon
that point, to the testimony Of David McCurdy,
ed vol Of defendants printing, page 406 questions
54 to Soy
in this country to be useful for curing rubber goods
either by heating the atmosphere OF the cylinder by
can recoeet the latter part Of isie or early in 1877
when first got acquaiI ted with it. BY whose advice
and direction. and for whom. If any one, did you then
first Try it Answer. had advice direction to
try at first. but had heard rrport-I don't know from
wbomthat steam could be used for that purpose and
went tried and then submitted it the Prcsi
dent of the Newark India Rubber Company, which
VOL king for at that time.
State you know, whether not the Of steam at
in this country Objected 10 the witness has stated
that be had knowledge of it before except from hear
tay) Answer. believed 1t to be new thing at that
time anu the in the factory. so far as was
quairted considered 1t such and admired it.
Also TO the evidence of Charles j. Gilbert, (vol.
2, defsndant's printing, pages 9l-2, questions III
to I9). And to that OF Henry A. Alden, he says,
(at pages 200 and 2l, PLAINTIFF printing quests. SO
and 81, ready;
H. Was CHARLES Goodyear Of the defects Of The
eoode that Sou have specified and did or not You
other mhere Of the company confer With him aboutt
and what did he say ii any thug in relation thereto
please state fully Answer Mr Goodyear aware of
the objections TO the goods ne for the government and
oihea 1--WE manufacturing chiefly tog the govern
mont I had frequent conventions with him NJ the
fac tory TO imp nents 70 remedy the evil especially
with reference to the for heating the Of potash
for cleansing, ond tho substitution OF the other ngredi
onts ei6ts lead or in connection with lead u
experimental business that time Ne sad he had
doubts whether the Of sulphur On the surface Of the
goode rot iptorpoRted into the compound, would
The goods thoroughly that they would not become
sticky Afterwards b. ssd ne cCnld net suggest ony bet
ter method Of heating The goods he thought would do
well Try Foxes funnce and anthracite coa instead Of
wood did Try IL, without success. introduced
steam boiler for curing goods Mr. Goodyear heiia-cd
about nding 10 do Though he said he bad