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

It q inpeseible 70 admit IL nrino;pls. Il Is
against the vel settled principk Is aio~ that tho
cation saa issstnne Vrss Sin isssd Or i Sr,ssn Of
faith, be reisSssis1 vash Z sitis % an srcus;vs
right. 1t Is ki,a nisfos tuns, aud be mixds. under
50 ne circumstances, possb}y have remedy against
who ere not partes 10 tho fraud nor in piicsted ia
Il, be has norecress l. therefore. Insist that whe-
Their Mr. Hancock was the true aud original inyen-
tor, or whssher he obtained his knowledge surrep-
other parties in this country, vino, like Prat, COL
Inns ana others were acquainted with IL, is of no
sort Of ocnsequsrse, A discoversr who inyeuts q
rev machine or any ether patentable subject, if he
delays applying 70 the Patent Office AID communi-
eating his syention 20 the public, docs 60 at his
peril r H ~0- s-frrN8rf
] Ths Cour. viii fud among the exhibits several
other letters patent to Others for the application of
heat 20 the curing Of rubber in comeination with
sulphur and several articles othsr than lead such Is
zinc. 1nt Af tN ~
We have put in evideccs letters patent issued to
Tyer and Helm, on tho 7th August l849, (several
months pricr to the patent issued to the plaintiff
in ls49,) for curing compound Of rubber and zinc,
by exposing il 70 high degree of heat also let
ters patent issued to Mr. Day, in October, 1874 for
the manufacture OF sh;rred goods also letters pa
tent to james Boga<ous, appaItairing to shirred
goods also smother patent to him in reference to
the same goods also patent to James Comstock;
also patent 10 Charles J. Gilbert, and the thing
patented in this lsst mentioned grant, involves
Tie next point that we take is, that the COM
plansnt has no right to maintain this suit, because
prior to its commencement he had ba-gained and
sold transferred and assigned to others his interest
in the Ryails Of any .mages to be recovered
iIfiirgcrs otthe patents.
The evidence shows, that Goodyear had conveyed
away his right TO the avails Of any a,tion by efec
tuei convey ances prior 70 the fling Of his bill and
tbost fore, he cannot complain that Afr Day has in
frDsed upon his rights I; in order to make that
matter somewhat more distinct, we have referred
on the printed points to exhibits and other oocu-
mense establishing the facts For instance, one Of
those instruments shows. that in 1874, Mr.. Dory,
purchased large interest il the supposed iIven-
lions, for which he paid Goodyear $25 0O0 and in
addition gave bond for $40 900, and took from
Goody ear an instrument Of az extremely comp-
GATED character, by which, coustrue il, he is to
receive back from. the latter q consideration Of
$4,000, whenever received from the licensees and
other parties working under them and until this sun
Of $4,000 is reimbursed. be s Untitled to one-hn,f
of al the profits OF the Inventions and has right
to one-baf Of all rights then existing to exist;
and by another provision be appears to have granted
to Mr.. Dorr, an equal undivided quarter in ali rights
existing or to exist, known or 20 be known, and
in all existing or future inventions or improvements
to be made by Goodyear.
Judge GRiEE-"fs it in the shape of mortgage?"
couldn't understand it from what few observations
have been able to take ofit.')
Here MIR. DoRR explained the instrument.
1t may very well be. and, indeed, since Mr..
DORIS remarks. think it most likely that /
do not understand this paper. Though not pro-
lx, it is confused, and the gordian knot of this
short document is not EASILY unravelled I; but
this much may be affirmed of it, that it conveys to
Mr. DOR, an undivided quarter part Of all rights
existing or to exist, known or to be known, in the
original patents, the reissue, in any extensions
OF them We have also put in evidence other as
signmeuts to Mr. Judson, almost as ambiguous and
uncertain as that Of Mr. Dorr. by which he
teTest in these various patents, and rights of
Mr. Goodyear to a large extent 1t also APP
pears, that there have been grants and convey
ances to Mr. Haskins, to the Naugatuck Company,
and to various other parties and individuals who
named in the exhibits, and which will be placed
upon the brief, and submitted to the Court from
which your Honors can in q very compendious way,
arrive at the sum total and extent OF the extiDguish
ever, is in any aspect altogether subordinate to the
great questions in the cause, and one upon which no
more time ought to be wasted
Under the most favorable aspect for the plaintiff,
that can be taken of the evidence, it must be con-
ceeded think, even by his counsel, that the
is full of the most complicated and contested ques-
tions of fsct involving the blity of
witnesses that ought be tried before one or both
or your Honors, with the assistance of a jury. We
have been the more tenacious that the cause should
be permitted to take that direction, because, il
may be INDUCED in making the same remark that
my learned associated did, / had advised Mr.. Day.
that there was doubt, that the only question to
be discussed here. was whether no was or not, es-
topped by the special covenant into which ho had
entered WIN GCOuyear, ana Wllcn the lalser mas
violated, and my advice to him was, to direct his
evidence mainly to that subject, reservng his prin
cipal witnesses to be examined in open court, be-
fore jury in the event Of your Honors, saying
there was no estoppel
We now commit the case entirely to the court
its consequences if adverse, will be most fatal. An
injunction would paralze and irremediably ruin the
client represent-t would be improbable for him
to obtain review or hearing before the appellate
tribunal, until mere lapse Of time would Of itself
render oven reversal fruitlcss-an injunction
would be TO him sacrifice Of his expectations and
all his hopes He has three large factories in active
employment, with numerous workmen, and their
families dependent unon him. and we respectfully
suggest, that if there be any room for well founded
doubt upon these questions Of disputed fact justice
to him will induce the Court to send the case before
an impartial jury, where both parties may exhibit
their witnesses in open court, whilst in the mean
time until the verdict be rendered. no irremediable
damage can occur to either of the parties. 1t is
our earnest wish and hope that this cause should be
submitted to that tribunal most appropriate to the
trial Of facts, more especially when that will
involve loss Of time, the issues being now ready
for trial. We submit to the Court, that upon the
argument Of my learned friend, and upon the evil
dence have had the honor to discuss, If this Court
entertains any doubt upon the subject, the cause
should take that direction. According to my best
judgment upon the law and the evidence, il is i'm
possible for the plaintiff to obtain an injunction.
1t only remains for me to express my deep sense
of the obligations feel for the great kindness and
respectful attention which your H9noIs have mani
tested, during my protractea and most tedious aigu
ment. The same spirit Of patience and forbearance
VIII suggest N my flgor an apology, when the vast
labor that must have been bestowed in extracting
fom those numerous printed volumes of evidence,
grain here and grain there, Of matter material to
the Investigation, is considered and appreciated 1t
would be a thanklcss return FOR the indulgence Of
the Court were ] to trespass for another moment
upon its time
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Theatrical md Musical.
RoNEKy THEATRE. II entertainments for even
ing consist Of the drama called the Flowers of the
Foreet and the Evil May Day; The whole strength
Al ILL.,. l..