New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-05-01


!. well explained in the testimony of Mr. William Ward
the defendants witness Vol ". Defendants preo;s page
39l. question 40
Now Mr. Gooslyesrs pstebi proceeded ON an entirely
different idea lie spphcd the ru her strands or cotS
lich are themselves 6nGcd stretched end in that
s,te nut ON the cloth between the two lain Ihtn
n ten,ien of tie cords being released they return TO
their original length mo in tst process contract or cor
yue re The cloth The osicy is thus obtained tnr the
eoCGs directly iom the rubber cords. The cio,h may
he drawn back TO it, original length and the strands
exrsnd as fer ss the original length OF the cloth.
Rut depsrinc frcm this, will show that Mr. Day SUI
fcred ysry little if anything from the compcItion Gre
nt,d and carried on under SOi-s Patent would seem
to be clear frcm the obligations OF the psruss, IA tS
covenants ct October and November. 1870 thAt uood
vear was snswerahe. for loss ana injury curing tue
iie of that competition shirred goods when ne
ccvensnted protect Day against ana IN tnat covenant
there was provision that when thst competition ceased
Dsv should become sDswersble again for bis aIl No"
whist was the This compartment Whist dd Day
sufserf he suffered 10 intnEcsnal amount, anu no
more. ia.
called on this point, 10y the defendant It Is Barney
Dcrnhoe in the iih vol of Defendants DISPOSITIONS, p
25s lie testifes that .t0 yards OF cloth were made IN
der Soiss Patent, which is SO worth OF tariff and an
equal of injr ~ 10 Day or at best as suspension
during such Injurious competition. That then, - the
learned counsels notion OF serious INJURY lheie Is 40
such injury may il please your houOrs. ia u. hoN'
place, snd il is avery important TACT 10 wneh can yol
Horors attention Day does not pretend ne ever gave
any notice TO GOODYEAR that he injured Tor want OF
ylotsciion against the operations under soss fsteht
be SAYS now is ruinOus competition carried on against
him. and reducing him TO begsary because Goodyear
tuld not did not protect him and we nave seen
how very small shy INJURY sucn con'u'ioh Vou'u
have produced But beyond that, II be were gong 10
begeary ard distress By the setng up ana carrying o
at ibis injurious competition, why in the name OF all
tbst is reasonable did lie not give notice OF It, inform
GOODYEAR Of it, end crll upon him to execut ana uiln
his covenant He did no such thing.
There is not particle OF proof on this record tha' nc
said Yen hhye
ttion ard here is carrying on sucn ccnpeation
against me under my patent and reducing me more
aud TO poverty and distress Tor mercy sake iu
Gil your covenant ana come my relief" Not one word
one syllable-onc breath of any such application or
any such complaint, ever proceeded from Horace H.
Day to Charles Goodyear and now see with wast elo
outnce with what vehemence OF denuncison wherever
this subject in his answer he assas this cnor
nous M elect CT Charles Goodyear.
Why, il did not know that his counsel were geh'le-
men Cf high character, with proper sense OF Jusce
ard coed taste should think that they had borrowed
something Of the manner in which Mr. Goodyears
conduct was spoken of, from Mr.. Day. But VIII NOT
impute to gentlemen Of their character any sueh I'M
propriety. ,--,.. =,
length and breadth OF This suffering of Mr. Day. oy the
failure of Mr. Goodyear to fulfill his covenant call your
attention TO the testimony Mr. Days keeper Mr.
Rolo on page s of the plaintiff new proofs 1t in
terIogstoIy - The human frame sometimes suffers
rom hunger and cold, and nanition and It sometimes
suffers plethora and from apoplexy, and too much
extreme iullness Now if Mr.. Day suffered anything
apy disease disorder or distress in The manufacture OF
ttrred goods, under his license from Mr. Goodyear his
complaint was produced by the latter these causes
Hear what bis bool keeper says Mr. Roo swears that
Day made 80 yards day of shirrcd goods and has on
an average very day, since the witness went to work
for him in ls47.
That the cost of tie production s less than - yard,
and that the goods sold at two cents cord or two
cents fer each strand running lengthwise along the
Cloth Then, If his bOokkeeper is TO be believed
he is selling out of this license privilege $50 worth OF
ode div
S2l so cost of production. The balance Is net proht,
and Il at profit is $3.50 year. That IL NO beg
garry account of empty boxes nor empty purses ne
makir moreover gain and pr, hE upon the manusc
ture OF every other article that he Is entitled to make
under the license which he holds from Goodyear. MI
Ward another gentleman acquainted WIN Tue hisee'
Saws the the manufacture OF these shrred
GOO is BY high as 81 yard. he says the
oost is 81 &c yard and no more aud rs the common
price of retail sole Is S. ar having net profit OF ;? q
yard this equal in the year to S2lOO0 re er you
TO tie testimony OF Mr.. Ward.
But there Is something still richer or beggary more
extreme. There is witness in the case, Mr. jackson,
who was Days foreman, who testites that Day made
200 yards OF shrred goods day, costing 81 and which
sold at a. at at clear profit OF 80 yard These
goods were made under his license, and upon them he
paid tariff wh5tevcr. -
Now there Is not one word in contradiction of this not
a syllable The evidence is taken from Mr. Day shocks,
and his employees, undisputed and iudsputabe.-
What then becomes of his complaints his lamentations
and distress about the nonperfomance Of the contac
The smourt OF oil this testimony Is that Soils had
good title to his nveI ton and his patent was valid That
Day bought it from Mr. Ward as gosd patent and II
Day had not good title he never gave any notice OF It
or called for any protection He says that he was suf
ferng and injured to the extent Of thousands upon
thousands, and that true think Is incredible
that lie should not have demanded protection. As APP
pears that Day the Soils patent il follows that
body could can use it now but by his consent and
though he plains Of injury and rum he has enjoyed
monopoly of shirred good- and still enjoys that mo-
nopoly receiving now he has been receiving since
ls47, at least $4,000 year, clear profits from the
license as to such goods which he purchased from
Goodyear.
too clear proposition to require argument that, II oil
this not so, Horace H. Day had right to break
h's own independent covenant to infringe on Good
years Patents TO take the law into his hands, to
set the staEdaId-l will not say OF his own
but Of his will and repudiate his own contract
the most frivolous and unounded grounds that
offered for mans defense support the record Of
any court Of justice.
And do not your Honors feel little relieved from
the burden you bore your minds ever since Mr..
Choate addressed you about the injuries and suerings
Of Mr. Dayf II NY statements have given your Honors
any relief have performed duty OF benevolence.
In the reer Of the topics which propose to discuss
have now to say somethng upon the subject Of the
Sulphur Pstert shall not go to any extent in the de-
tails respecting II.
The Sulphur Patent obtained in 1899 It's speci-
cation claim is in these words Reads the specica
iion
Now it is not necessary TO prove the originality of that
invention, that there has been lawful patent for it
granted TO Goodyear. The to this point adj
mits al that is necessary. Goodyear purchased the il
yentlon and took patent for In his own name 1t
became bis private property upon which he sought to
carry his experiments ana inventions, and TO
phi h his great work. The answer admits this. Why
Il n is there any disptte about ii Why should call
witnesses to prove that which is not deniedi | suppose
is universal rule in equity hch Is much pre-.
'e in this repect than at law, that every plaintiff
and every defendant defend according to
what lie alleged In the answer or the bill In other words
both parties must conform the probata TO the aegGsa
for thin cannot be said and another proved
one thing be proved and another ssd and far Hay
wares Patent concerned there Is ssity for
sustaining 1t by argument proof
The Pate mt of 1929 Is fer sulphur and rubber alone
Now the existing state OF facts displayed upon this
record does appear that the mbnaton Of sulphur