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

viii be done to morrow" III HA''e' Horace II. DAY;
~ MATTER NAV be closed tomorrow r. NJ which Is 'n'
latest ,e Evidence which has just been
GOD ~ ffe Court requires little expnha.,on ia, NJ
Mint il that he did urs or sohciI ILL., ~, Now
fSso-r RAJ !, was result forced upon llIt -
u0ouS,,i n - o,anad his case and made such roau
,Iroush H. that the wsy-fsrlng uhs ta ,honcbt he
,beren confess in this pan oil tne en- nonli
wv ~ e , 49,; a Too and was as much surprised 6 si'
I"u ~ - lie thermometer at 9O' TO be sutrouheu
~ dsr:e mist And the reason thou9ht 80 = Gi'
nee vsyous letters from Mr. D.y oeseecnns snu i
,.n,;ng the settlement are all dated aitsr t uo ",
set,,s ment aud could not comnrehend MI
prad,is noson. because had not sufficiently ins1e
nv self master of the Record. Tne fauit was n' %
will now exp lain ~ "A; ,o.o,s were
,ared into and signed on the 10Th October ana oln
November 1916 Well, all these pfpers ana lotss
which have bee read by my frien1 bear o'e ALL
,b.t and So IL appes red they could not po''iy
heor .uch a conjunction 10 show Mr. Days earnest
pess and importantly to accomplish tas se'eine pI'
fen into that from the want OF corr"ct h"p
EDGE of whist the Record is The truth Is tnst tnse
oral apreemrt- signed and execu'ed 29rh Otooer ana
9th November 1876, were LEFT as an scrow In IN nanns
of Mr. Van Wrinkle, to be delivered to the parues re-
spectvey when the assent of the licensees holding the-e
Outstanding licences shoud be obtained 10 aoan ionns
these licenses Your Horrors have teari how diihcutH
was TO accomplish this arraneem mt Your iionor' re-
member ths Mr. Day wished it all done immedttey then
the t Of February wa aren sin that
they should all cease from tie first OF January was
agreed to- Then on the 9Th dsy of December dave
posterior these letters Of importantly OF M pay e
business was closed and the agreements held by Mr.
Van Wrinkle were given TO the parties. Your honorS
viii find that in the testimony of Mr.. Van Wrinkle Vol
ii If the defendants te timony, page 2oI' DIT. van
Wrinkle says
"Inow produce the originals Of all the agreements
including the one prepares for the Patent Oiice; am
subscribing witness for all OF them witnessed the ex-
ecuon all OF them by the parties there'; al OF lue.
hive remained in my possession in escrow, uhh the 1tn
of December 1876, when by mutual agreement OF tne
parties they delivered so that the importantly OF
Mr. Day to have these agree nSnts consulliu ''eu 70
moved nv these letters of his end the rest OF the esl-
mony: because the agreement was not consumnateh,
though the contract was written until the 9TH oil De
cember 1876 which Is posterior to all these proofs Oh
csIl vonr Uouors attention 70 one further averment
in this answer.
(Resss it,
Tbet said GOODYEAR said the only way he could make an
arrangement would he by this defendant selecting certain ar
ces and conning himself to those and he Goodyear guar
aneeng this defendant was willing so TO 90 on being so
guaranteed and said Goodyear was the only persoa VINO
pretended this person had no nghto manufacture snen
eooo and also held patent for the same ana also Ter e
use Of sulphur and the compound aforesaid and also held
na,ent for colrgaing sirring machine this defendant
supposed that by taking assignment of all SAID TO )dyea
pretended rights therein and his guarantee TO TINS deenaan
r. secure b the exclusive enjoyment of said Manufacture
and said Goodyear earnestly and repeatedly assuming this de-
fendent that he had owned and controlled all and every
, and nyere granted or intended be granted BY the
said raers held by him. far as such rights ana privileges
related TO the manufacturing OF corrugated or shirred INDIA
RrbLa GOODS and the use of the machines improve
nens for manufacturing of SAID goods and the making io
and of said patented compound IN SAID manuactue OF
said goods except certain license granted 10 hutchinson
Runyon and TO Ford Co.. and one TO Orderdonk Letson
this defendant with view thus 10 cut on as TAR as possible
ali competition said corrugated goods business ana io
peace sake agreed to certain propositions OF said Goodyear
and said Goodyear 10 certain propositions OF TINS
and thereupon entered into the following WHICH asree
ment:" =,
That is beautiful specimen of morals beautiful He
has denounced these patents in good stout terms ne
has said that they illegal he has said over and
over again. he knew them TO be void, and begotten oy
fraudulent means by fraud practced OF course against
the Governmenthy fraud practced OF course against
the whole public We'll, what does he do, He buys this
fraudulent patent be takes and hugs it to his BOSOM
as his peculiar possession-he clngs to it. and then
he pubis hes the whole world that he and ,odyear
have settled all controversies and that they will punish
every body, who violates, attempts TO violate this
fraudulent monopoly And now what does no say
Why because il fraudulent he does not feel himself
estopped by his compact and contract he comes
noa Court OF Equity, and seeks to be discharged from
bis own contract because he says the object OF that
contract to which he was party was to cheat the pub
lie and that it fraudulent illegal and good for no.
thing contract 1t is enough TO state this in so many
words and ask in Whist Court of Equity he expects to
be relieved from the obligations OF such contract as
! that
Well them there is the paragraph about mental reser-
vaons he meant to reserve Notwithstanding he enter
ed into that obligation, and part and party up to
his ndeep. in this attempt TO deraud the puoc ne
always meant to have reserved his right which he
claims always to have possessed to manufacture all kinds
of India Rubber goods Goodyear failed to protect him
In his monopoly of shirred goods. pass this
There is an important head upon which have yet
something to say and that is tho argument which has
been addressed to the court that there should be atrial at
law this case andhat this court to the
rules and principles otequity issue perpetual inunc
ton restrain this defendant from further violation
of these patents, until the plaintiff has established his
tide at law We'll, this struck me, confess, when it
was announced, as being very extraordinary PROPOSE
ton There has been trial at law. This matter has
been submitted to "a jury. This defendant has full
right and opportunity to discuss everything he chose to
discuss pt citing the validity OF sis patent before
jury Of his country He sued in the persons of his
| agent at Boston. The pressed for trial
You perceive the anxiety Day manifested in the papers
have read to bring this settlement to close the
eagerness do founded upon the fact that that Bos
ton tial YVES coming Day says in Of his notes.
this business must be settled tomorrow or else will
not be in to stop the trial at Boston Well, what
happened What happened instead OF going to trial
and contcnding for verdict the end, he let the
dict and judgment OF the court against him by his
press consent, having entered into an engagement TO
work under the license. And now he wants to try 1t !
Has he net had chance to avail himself OF that security
to public and private right allowed to every body Is
not that enough Is be to have another trial Suppose
we institute another suit against him and press that suit
| and get another verdict and judgment against hint
What OF that That does not restrain him, and your
Honors sec by bis declarations how he intends to
avoid the decisions OF juries and courts Suppose we
him. and be puts the cause off two years and then
consents to another verdict This does stop him
according to his view. say 1t is unhcard Of that
party charged with the infringement Of patent right
having had one tair chance to try that question before
jury having voluntarily struck HE coors in the presence
OF the jury and suffered verdict and judgment to go
against him by consent is entitled the face of
the earth, to have another trial There would be end
to litigation if contrary rule prevailed There is no
| justice in the defendants suggestion on this point
| What appears on the Records of Massachusetts A
| Judgment for Goodyear against Seaver & Knowlton
Days agents for S5O0-and the costs entered by Days
consent
That is part Of the agreement, But there stands
the Judgment and 1t shows he had opportunity of
! testing this very matter What more can be done or
what more can be necessary 1t Is vain to say this was
collision Suppose 1t was, TO go out of the wsv and
make an admission 90 warraRsbe) the right ha, been
inis in colusive dgmenr efeat it hmseIfs prav
tell me in what book Of law any proposition so prepo
| terou. be reen
| ment" 's
Mr.. Websfr-we claim under Patent, and don't