New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-07-03

NJ the same business. We equaliy nhu, -
exactly with the period OF tune 70 WIZ on"
question refers, this revolution W wv PL.;,sss
" rs nrosperous and as we'll conducted ou7'ies'
far,ayman over carried on i'll hrs llie-com'
nletel, DESTROYED. an himself entensg upon .'o
Introductory stages Of a new business u'"Vi
tn, reto by the direct consequence o, ooo'iye -,
oct Now the general result OF their testimony
is this That at the time those covenants "o'o
entered into. Mr.. Day was engaged IN th' Hl''nu
fncture Of that form of SHRED or corfu
gonds which We call suspenders; that ms sus-
nendrrs were the best in the market : tha' he
inv how 10 do il well, and was doing It wen thoy
il was prosperous aud profitable business, ana
tins covenant was made to continue him. win 'no
same success and prosperity. m that employment
thai after the beginning al 1917 immediately a'SI,
a. We find by the verdict, a competition sprung
Ms. by which large quantities OF the same descrP-
ton of goods but wholly interior IN qlalliy' were
brought IN iunOus competition INTO the uiu'Het
that his bu,i mess Immediately began 10 DECLINE
the competition continued to increase, ana thst
down to about the time when the Court gave thaV
verdict this want Of protection was continued
that nj the commencement OF that sur by uOo"-
year on is covenant, the Original business WAS
DESTROY ed, and new one was beginning 10 st""'
Now sir there are thirteen witnesses upon your
Honor's brief hose title Ia credence - lnii@puted
they are found upon pages IL ana IL OF the o'iei
u have
nend,,nt of any direct cOnnvance OF 90 dfear,
,,od.nepdent Of any evidence to show whether or
not he prot cited Day after he trdlct, wlIch mas
be-, II ia. ground they have been arguing: we aver
n failure to establish such p0tcctlOn. ana
provs il b, the verdict for such length ot tlne,
and the consequences of IL are such, that IL oe-
comes lnequitable that that covenant shOu'd DE
revived against him by any worthless oHer ct pro-
lection by Coco, ear. Even, therefore, II this bill
alleged. and il me case shO" ed protection, aiter
il was too late, tins Court, apprthend, VIII Hot
allow this GOV. nant so TO back ami operate so
ftfuv and by iuteTmlT teuce, and 70 - stsP Wleh
Gnndytar tiIo0ses, Withholding protection " ~,
TIL Day is y, shlbg, and when lac II pretty AIRY
reody TO die, putting his finger upon ms purse
aud letting III lulr air AMI lite light, Ia the
firm of protection and then call on him once more
f. r bis cove nant subm that hr cannot has play
upon Day as upon pipe. TINS would be something
worse than the celebrated letter oi Dr. JOhusnh'
IL would be the patron Of the Drowning man VINO
withholOs assistance, aud does not en-nnorr nun
with aid while he is drowning, but VINO waits tili
he is drowned, and hestOws [ upon MN at the
Curoner's inquest Such protection is not stlpu-
lated | am still dealing, may II please our non
ots with the proposition on the other SIDE, thtu
although there was a failure to pro'ect, iOI Two
wears ana quarter still If they could have proved
that alter the expiration OF that tlme the PIotec-
tion 50 long forgotten was continued, theh lnls
nrtted thar il is Il wholly unreasonable tnterpre-
tatiun Of the covenant for, so long n neglect OF
prof ectiOn had chang. the position OF tr Day,
and deprived him Of what protection was 10 give
and had driven HIM tor II substitute OIn-where
elsp But | have not quite done with tins part 81
tie case II | mi,take not, there IS a view III
winch this plerrndrd protection may be plnced
before the curt; or rather The protection OF the
real pf-intilis whom AIN pretty soon 10 develop,
will appel to Your flsnors IN hold and striking
enOrmIi, and de Ormty OF injustice. Now. IN de-
trrninng whether this failure To protect for such
l.rgth Of time, and after these consequences
have followed should, or should not, preclude
Gcodyesr from atter~ard setting up laie ana
Inadequate protection as reason Tor rcNi'lnS me
covenant, whose animation he hdd temporary de-
sto,ed. | ask your Honors to take notice OF one
circumstance Of great importance IN the proof,
ard that H. If the Court please, that the very COM
pttituTs who thus take advantage OF GOpdy ear
want of protection, to fill the mUkets as the
licenses of GOudl ear, holding outstanding lcch7es
al the time when he made his cove nhnt, und whose
licenses he agreed 10 get up; that after Il was ar
Iareed that they would sunend' the licenses ~
stnndu 9 and stop work NJ by the hrst of January,
every man otthem in direct aud grOss maud on the
covenant with Goodyear, aud, through uOOuyeaI,
with Day set TO work to manufacture the IN" ma
teriai or the fabric for susPenders. DuHng the
tu or three months which were left for them TO
q
might still work was sufficient To Use up thelr
raw mat erial, they proceeded at once To chango
their entire course of lab \, to Manufacture III
unusu0l qulntirIes, by extraordinary means, by
Doubling the number Of their hands, by de'Oting
the hours usu-llN allotted to rest, bt turning day
INTO night, that they hignt turn hlght mt Ddy,
doubling the quantity of Their performance, 20
that ia mount OF TACT up 10 the first OF June, l5H
they had succeeded III accumunung upon thrlr
hands by the labOrs of three months, more mate
rial Tor manufacturing than they had accumuLtted
in TWO or three wears beO'e-the gTOsscst and the
lowest fraud upon the contract tney hid just
maze with GOOdy ear, tor the benefit OF Ddy, that
II ever fell To my lot TO expose. Ana yet tnrse
yer, men are In, men Tor whore benrht IhIs OIL IN
Chancery is prosecuted to-day, and these very
men. in this way operating IN fraud OF their own
contracts, turn GoOdyeArs want OF protection
INTO ruinUus competition upon Day iAcSr are
the vel, men who come here and say that his
covenant pre- ents HIM from doing another Ousl-
ntss after they had drive u hiiu from that IN "hich
be was TO have been protected. Inc cO'eL ahts
were. that shlle he il projected IN making rus'
utndr rs he will do nothing se and these men, IN
maud uf their own agreements, drove MN IRON
TINT business aud then say he l. still bound 10 &c
nothing else. there was ever an estOppel granted
ON such demand this, | should think, must DC
its lowest degree. Another proposition IS, mat
btteI these licensees agreed To surrender thell
work after the first OF January, 1871, they
proceeded to enict a gross fraud uplp then
agreement, because they proceeded to desert
their original course OF doing their business
b, force of which they crowded. more worn
and more results INTO those three months thaI
they had done for two years before pro-
pose in the next place to show, by reading,
document or two. the meaning Of which cannoI be
mistaken, that these men are our antagonists TINS
cay III this Court; and 1t Is on behalf OF these nel
IN whom one Of YOUR Honurs had occasion tC
make some obseryatiOns-itls Ou then behalf that
II is alleged that Mr.. Days covenant, the huits
ana benefit Of which they have deprived hun OF, Is
sui binding on him. These three men, or three
concens-the Newark Company, the OnderdonF
Con puby. and somebody ese-three persons VINO
hu,, hoped to find favor ia this Court, perhaps
generally, personally respectable, hey ond ali doubt
Iract Cd the gro,sts ana shaIlo"est fraud upon
Liam aud clear agreement that was ever estao
nsheo in Court Of Justice, and 1t II to that very
Il. q - la