The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-05-15

business at the factory yet a. this mstir . Vim
require very large outlay Ihavs concluded employ
give me information Of heating the gum wish Won 70
WIN. me AZ the warehouse Of our company. 4b Maiden
lane when will confer further with you. Bring along
ssmpes Of everything you have make. Should
you have any buffalo shoes ready made. bring one
smali box, ana can buy possibly, for retailing at
wish to knox il you cut tho thread rubber which
Goodyear usce ior suspenders2 lie says 1t Is spun.
In haste remarkine you better visit us at once.
Mr.. II. CUTLER Springfield Mas
PSI expect to be in New York most of next week
and will look for you about Wednesday shall keen the
matter Of your letter in confidence you wish and il
you please, consider this also confidential. n
Now read from Horace Cutters deposition -
9.-Ques. When your first acquaintance with tie
defendant Horace H. Day, and how did you first 20 be-
come acquainted?
Ans In the month of December 1892 at his store AZ
Maiden Lane, New York. Previous to my meeting him.
had received letter from him. requesting me to meet him
at his store in New York
TO- Cues Produce that letter and annex copy Of the
same to your deposition.
cd
1Ques. State the substance Of what was said by DAY
to you. and by you to Day at your first interview.
Ans. He asked me if had brought him the buffalo
shoes as and asked me what other samples of
goods had brought. If any that made by Goodyear
lie wished me toshow them, which did. They were sam
pies of shirrcd suspenders and elascs think He asked
me If knew how Goodyear made the threads used in
those goods shown to him. and the in which they
made told him did lie then inquired Of me
how much wages month he should nay me- to 70 over
to New Brunswick to work for him in his factory and
teach him practically Goodyear's method of compromising
and heating India rubber and Goodyears method ~
stirring goods. told him would go to his factory to
work for thirty dollars month lie said he would give
it an employ me Day requested me to keep 1t
rs to what was going to do further requested me say
II any of his hands persons inquired of what place
was from to say was from Massachusetts, and not to
name the town recolcct nothing else.
15.-Ques. When this interview!
Ans. 1t was about the 18th Dec, 1872
Mr. Webster here remarked that this was II months
after January. when he said he knew all about it.
l6-Whetber or not you went into Days employ, and
whether not you had another interview with him. if
View ' '0 "''''' UNI "'A' was Sa'0 ~ 'nA' 'n'sr
Ans. did go into his employ; had another interview
with him; the interview his factory in New
Brunswick about week after the first interview after
had been in his employ about week or more told Mr.
immediately return home; he said to me lac wished I
would stay as he was very DESTROYS should teach him
what knowledge l possessed of Goodyears invention
plan for making the heated gum: he asked me why
would not stay told him did not like the place. and
that he never would have patience enough with in
carrying out Goodycar's operations in the manufacture
and heating of gum lie then inquired of me If / would
not stay With him to teach him Goodyears plan of com
pounding and heating the India rubber gum; what |
would take or how much money he should pay me to
tell him this secret Of Goodyear think told him after
some reflection, that would tell him for seventy-fvo
dollars lie replied he could not give that. lie said il
did not tell him, he could find cut other way. /
then asked him what he would give He said if the gum
prepared under process could be cured in the
way that had stated by heating that he would give me-
fifty dollars pay my board while there his employ;
also he said he would pay and back from
Springfield lie asked me if could convince him that
India rubber compounded after Goodyears plan could
be heated without melting become dry and elastic
told him could had some samples of green gum
F, which made with Goody ears compound. These
pieces made at Goodyears factory told him If he
would show suitable place would show him that
would heat and become dry and elastic without melting
lie proposed to me to to his boiler room, where his
boilers were set for carrying his steam engine. We both
went together to that room After going in Mr.. Day
fastened the door; then took piece of green rubber
compounded under Goody plan and attached it
stick and then commenced the heating process the
Goals that drawn out from under the boiler con.
is so ho let 's%s p ar
had toasted while, he seemed very much pleased
with the operation and says lit will do it, won't
it, Says, Il am satisfied and will pay you the
money mentioned" He requested to go back to his
finishing room and there describe to him how Goodyears
shlrred goods were made with India rubber thread l
did go back and there, upon bench, explained to him
the manner the shrred goods made lie wished mo
then to describe the compound Goodyear used in making
India rubber compound that would heat; also state to
him Goodyears mode or way Of mixing or compromising
the same.
did explain to him the compound which was used by
Goodyear told him they used sulphur white lead
lie seemed very ignorant of the compound and asked
If 1t was white lead such used by painters in
painting. told him 1t He asked me then if
il was sulphur or birthstone told him it sulphur
that used; think told him pounds of sulphur
to twenty five pounds Of India rubber and eight
OF lead He said to me then he wished
would 60 to the Office and make such memorandums or
minutes of my knowledge in this process of Goodyeas
compounding or heating as possessed.
told him before doing this that would tell him frankly
that Charles Goodyear had told that had secured
cayeat for heatng India rubber gum compounded with
sulphur and for the Of sulphur an assignment
Of the patent issued to Nathaniel Hayward that he
commenced the operation of manufacturing India rubber
gum goods under Goodyears inventions he mast take
The responsibility he replied snever mind that viii
manage that thing
then gave him written memorandum of Coodvears
way OF compromising and heating India rubber gum to
my best knowledge at that time lie then said he had
not the money that he could pay me then but could give
me MS note ON demand, and would pay it in OF
two.
told him I would take it.
TIp spnta fnrt
fifty dollars for the information given. expenses
on I to New jersey and back to Springfield
Here Mr. Webster remarked
This. think, displays the black flag pretty dis
tinctly. lie has managed tive see what has been
his management thus far; and what more we may
see OF It, it may well become him to consider.
MT. Webster here read the evidence to corrSborate
Cutler.
Through the whole months of December, 1872
ana January, lSi3, he was exploring sources from
which he could learn secret-a secret which he
swears ne possessed in all its particulars, eleven
months before. Well, what does he mean! What
Is i he says in that letter, which he DAY. wrote
and asked Cutler to return to him-and it was re-
turned to him, Cutler swears. Now, we have
called upon Dir. Day to produce that letter and he
does not produce it, We wish to see it, and he will
not let us see it, We wish it to be taken from his
folio and placed on the files Of this Court. He
VIII permit it, Long ago, may it please your
honors sitting rs student outside the bar, heard
that eminent man, Theophilus Parsons. in case of
this kind, with a terseness and strength which.
your honors know, belonged to everything he said
andwrote, say to the jury:-"Gentlemen. tell YOU as
matter of sense. and justice, and law that every
thlng shall be taken most strongly against him who
can show and won't show" That true.
Now, have concluded the evidence which pro-
pose to submit to the Court to contradict the state
ment in the answer, which read Mt the commence
mont of my observations. | submit it to the most
candid and most charitable, and most indulgent
Judgment of this Court And | invoke the pro-
nunciation of that most candid, most charitable,
and most indulgent consideration of this Court,
uTon the question whether that ayerment in this
answer-dTect, positive, material, in the highest
dcgrec-is not entirely overthrow by numerous
witnesses, and some of them Days own--over-
thrown, too, by his own correspondence not to DO
denied, and by his own course of conduct for
months and months, wholly unexplained, and
wholly incapable Of any explanation.
would leave II that but have passage Or
two more In Harlow'st testimony, plaintiff proof,
old page, sol, conversation occurs between Mr..