The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-10-16
IMPORTANT CASE.
In the Circuit Court Of the United States.
Before Hon. Judges Nelson and Belts

~~~>~>>~~~>~>~~~>>>>
In the Circuit Court OF the Unitsd States.
Before Hon. Judges Nelson and Belts.
SAMUEL COLT AGAINST HIRAM YOUNG AND EDWARD
LEAvITT, DOING BUSINESS AS YOUNG LRAvIrr,
FOR AN INFRINGEMENT CoLrs PATENT FOR
MANUFACTURING REPEATING FIREARMS
In this case bill was fled by tho complainant,
sett,rg out that he was the FIRST and original IN
ventor OF repeating firearms, before the date OF his
patent. 1896 and had in that year obtained pa
lent therefor; that in 1913 he had surrendered and
procured re Issue Of that patent; that Ia 1919 he
bad procured an extension of it for seven years be-
yoDd the expiration Of tho original term; that he
ard his licensees had enjoyed an exclusive posses
sion OF it. except far it infringe1 by tina
arms made by Blunt Syms, and others, until 1850,
when these defendants and the Massachusetts, ms
Co. commenced to infringe it that he had
brought suits against both of these parties and bad
recovered verdict and judgmen. in Boston against
the Massachusetts, Arms Company, and an iDjunc-
ton against these defendants IN che District of Co
lumbia; and that these defendants still continue TO
infringe. The bill prars injunction and ac-
count.
To this the defendants answer that Colt is not
the first inventors that these arms were invented by
one Wheeler in 1918, and patented here aud in
Europe; that they were invented by one Smith, Of
Massachusetts, now dead, before Colts invention;
that they were invented by David G Cobron, aud
by A. Humborger, respectively, anterior to the in.
yention OF plaintiff; that the patent is not well
tended, because the application for that extension
was pending before the Board OF Extension, under
the act Of 1886, when the act Of le4S was passed,
and that by such act the pending cases. Of necessity,
fall to the ground, and must be commenced anew by
new notice and the like, which was not done; and.
therefore, the answer avers the extended patent is
| void
The cause came on to be argued before this court
on the bill, answer, and the atdavits of che defend
ants alone, the plaintiff reading no deposition, ey-
/ cept the affidavit Of infringement. Among other
dispositions read by the defendant, was one of Nc
| Robb, of Boston, who swears that he saw, some
| years since, match lock repeating gun in the
Tower Of London, and was requested by these do
/ diva uUinag Cot La hat
when he applied for il at the Tower, he was told
that Colonel Colt had borrowed ii to in lecture
before the Institute Of Civil Engineers, and it had
not then been returned Upon this affidavit charge
was made that Colonel Colt was suppressog this
evidence, SO as to prevent the defendants proving
| toe truth as to prior Inventions
the cause was argued by Mr.. Edward N Ucker-
son and G. M. Kellar, for complainant; and by Mr..
| Seth P. Staples and Robert Emmett, with whom
wese Mr. f B. Cutting and Mr. Sherman. for de-
PENDANTS; and the court holds it under Amusement.
! The following is the argument on the part Of the
complainant, by Mr.. Dckerson:-
ARGUMENT.
May it please your Hon0rs-Beforc proceed to
the examination OF those points. in this case,
| which the counsel for the defendants have digulhed
by the appeaton Of questions, propose 20 nsser
an interIegatory which the senior counsel has pro-
pounded with sneer Of contempt, and an air Of
4 certain triumph, Wko is Col Cot, that he should
make such demands in this Court -
shall not pause TO inquire into the history OF Col
Colts ancestry, any more than TO say, that he is
descended fom honorable parents, and Of a family
4 whose name has been for generations associated
with men who have done the State some service;
for if could prove him to have descended from
line of mobiles, it would but accumulate disgrace on
his head, he the base Sture the counsel on
the other side represent him to be; for
| What can ennoble cots. or slaves, towards
Alas not all the blood OF all the Towards.
And if he be not such man, he needs nothing but
his own merits to comm nd him to the favorable
consdera ion Of this Court and to the respect of his
fellow boings:-
Honor and shame from no condition rise
Act well your part-there all the honor lies.
pass therefore at to where the proofs in this
case lead us. Twenty-Five years ago, we fnd the
complainant aiding his father Christopher Colt, in
the management Of large manufacturing estab-
lisbment, OF which that gentleman was part owner,
and director, in a New England town. Born With
restless temper and active mind with great powers
Of observation, Of combination, aud invention
with an earnest desire for knowledge novelty. and
excitement, be could not long be restrained within
the narrow limits in which his fathers will would
have bound him, and we find him p'uming himself
for long fight. In 1880 he set sail for India,
Where half the world ntrudes between
and we find him there for an entire year. shaking
his insatiabe thirst for knowledge from those an
Gent fountains whence kno aeJge first began to aoF;
and to this day many evening tale of The strange
sights in that distant lard delight his freside
panioDs, Retuining thence in ISL, with an ex-
par ded and expanding mind, he visited his faith
er's hearth Of its circle, for the last time.
On board the Indiaman while gliding silently along
before the constant trades he had devised this great
invention. With knife and Tood-his only tools
and materals-he had constructed model, burning
out the bores with u hot iron; and that mode! Was
the germ Of this mighty growth Once possessed
with the idea, his genius allowed hum rest till he
had perfected the conception, and solved the pro-
blem. But how that to be done Even sim
gle experiment in iroh and steel would require
money, and of that he had but liGte. Too noble to
tsx tie resources Of his father already burdened by
tho weight of dependent family, he invoked the
unconquerabh energies Of his nature to his MD,
end found there abundant assistance. Having in
earlier years acquired some Knowledge o. chemistry.
from books, ana from experiments which the labo-
ratory of his fathers works enabled him to make,
be devised and constructed chemical apparatus
sufficient to exhibit some of the most striking phe
nomena of natures arcana, and with it commenced
series Of lectures, illustrated by experiments In
the years 1851, 81, So and 81 under the title Of
Dr. Colt, ne trayersed the whole extent of this
country. visiting and lecturing in every town Of
more than ten hundred inhabitants This tour was
to him an inexhauslible source of instruction and
mental wealth. Hc studied men, and If
The proper study Of mankind i. man,
his time was well employed. But he did more
ne made this occupation the fostor mother Of tbs
first born Of his genius In the fall OF 1881, he had
constructed two of his arms at Hartford, aud had
experienced the modification TO see the very FIRST
one explode. the very first time he fred it But still
he Gid not despair. AS fast the features furnished
him money, he renewed his experiments, and a.
though he often tho oarnings of a month blown
to fragments by the poson Of his last constructed
arm, be struggled on. Inspired by sonsciousness
OF tho greatness of his invention, he never flinted
bus toilng through difficulties that would have ap.
pallsd weaker heart, ut last hc triutnphod
Majesty and beauty are coInminged in moving with i'm
mutobe decision
And well may charm the coward hearts that turn and
hide for fear
Faith rmness confidence, consistency -these are well
allied
Yea, let press in ought he shall not lack Of
honor.
he triumphed in 1892 he deposited description
Of his invention in the patent Office, although BIZ had
not yet satisfied himself; but he foresRw tho greedy
cormorant lowering on his track. In 1885,, no had
made the thing perfect, as he thought, md then
went to Europe, under the advice of Mr. Elliott and
others, to patent il there In 1885, he returned to
his native country, and took out his original patent
here.