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

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.sCues ~ Describe the first machine Day ussa hiding
-dEs. There were two wooden cyncs s,e us ~
the gum but they did nsTer the pu5poss -Ilsrs
| Cue "a. What power applied 20 tAsso I"
& - W Sa hs nsdf Iso cement for Day when you were
his ~ AN !, George Whites won't be positive
I 9s Wbere 5id Geo se White first learn TO n1Nc iD
Der eer9I. e t time knew George White he was IN n0
e,.lov Of Hiram Hutchinson IN his factory. bbe- ce
1vSs n DO you whether Day USED aiy i o,aeit
mont for any purpose, In lSaj OF l,0 ana "1'''- "
! tt;;,asef o- bought il from others! - al. p,b,er
Ans In 1896 know DAY sent aoW W., 70 w 80
T%sSre is also Mr. Long vol, plaIltif pr 49,
55s who sweaIs that Day then only made le isai
Shoes end cape and that up 70 Peor business in any
sensible view Of that phrase, and Day ohy 81 some
that phrase by an attempt to prove 'nt chen youth Of
..o years of ace He commenced the ruoocr ousi
mess in 1888 That is proved by his u
January 81 1899 which is as follows =,
' "BooTs SHOES, CAPS, HATS &c. ;,h
5000 psr of ladies and childrens shoes together f i
rs,e, assortment of goods in tie line o. ms 10
et az J;ntnd cro9oipq principally in he rRooer ca"ae
J ncrf Sumner am desiious OF closing up wy i'e'' ~
Coupv merchants will do well to examine my STOCK In
purchasing their sprlng supply; ~ ,,,,icb ,vas M
Persofs who small accounts on wmcn was az
special agreement for time will please Pay mp f2s may
SAY Nee ooI B," ~ Jsnusry 81, 1883"
! Tb;s shows he was not then engaged in any depart
| uent Of the rubber business. . , -
There is another allegation or DENIAL IN the answei'o
rather affirmation of very considerable importance
Tbe defendant further answering that winis ne was
pdpstrously pursuing bis said trade and business that su
GOODYEAR with certain persons confederated win Nun we
cndsayone by unfair and unjust 10 obtain controi
70 the exclusion OF Others of the whole rubber business
There is bis bond Who were these conieoeratesF
! Ecce Io,1o The man The man the Oldest among
| them was Horace II. Day. He was one OF those con
iederetes he contributed bis money to the eomolna
| tjonn There is his agreement proved by Gilbert ana
DOR his own witnesses 4th vol defendants proofs
pages 357 $50; Mr.. Gilberts testimony 4tn VOL ae
PENDANTS proof pages ~ and ~ he s9oscIieu nis
$50 as confederate and he took note for IT. hoping
20 live to good old age expecting thar ne was
Of the stock Of MetIusaleh. Yes he took note Tor
thet sum- payable 100 years after date I.cL1
There is now one other important subject 10 winch
shall address a few observations, and bring tnese nc
me,ks to a cose He Gays in his answer;
S AnS his defendant denies that he first applied to said
ronapant TO settle his said sus that he proposed TO &C
knowledge the validity OF said patents or any OF tne anu
n, nav to said complainant damages settlement OF sad
suits the of five thousand dollars as stated IN said o;
and he says that the statement in SAID BIZ IN iaon tneeo
ia nnfrue and he denies that said complainant was ready or
desrous any his suits against tins defendant III Ihe
fall Of eighteen hundred and iorty-slx"
The proofs all in PRINT and with the permission OF
Mr. DickersOn will read il, so that may retain
the,tle remaining strength at my command 1t Is the
tesmCny OF Mr. James Bishop, pin g. PROOFS page 0io'
Ce g. After receiving the power of attorney in question,
do You know whether not there was meeting ed oy any
rrso interested ia oodyea discoveries to effect more
Vigorous prosecution Of law suits then pending for infringe
Goodyesr Patents and If so, what did that meet
Ans There such meeting held and it was resolved
10 eproprae $40 COO for the urgent prosecution Of lhe
law sts That sum OF hereabsuts aerward raised and
r risced in my hands such purpose.
d g. Against whom such suits pending!
Ans Against Horace H. Day.
10 Were there any suits then pending in Boston
against any person for an infringement oil uoooSe"s
ms ii YVES suit then pending Boston against Mr. Day
that this money was dessned more particularly 10 urge of
~ How long was it after the meetings referred if ALL
that heard from Mr. Day the subject OF the settle
y | ment Of his difficulties with Mr. Goodyear
, | IdRs. Not than two weeks; within two weeks
80 What nanytng, was you requested to do In uch set
| Element =.
licenses held by parties in NewJersey winch licenses MI
r Day wanted surrendered to him in the settlement
"a the meeting referred TO- did YOU by request or
otherwise, meet Mr. Day. and if so, where -
Ans did at Mr. Judsons room in the Franklin House be-
Is Did You meet Mr. Day there than once and if
20, how often , e.,.
the precise number can't tell II was quite number;
Did you bnve interviews on the subject OF set
Element with Mr. Day on the nights you SO renamed Ill tine
I AM, At that time Mr. Judson particularly
ranging with MIR Day and was present as Mr.
Goodyeas attorneys was previous TO the maj se'teeh
1ns II was for that purpose I remained and
with Mr. Day in connection with Mr. Judson on that
81 What was the those interviews far max
ing settlement was concerned!
initials of both parties were placed them but Mr. Day
lett the CITY, and understood he was at Newiayen nego-
tating personally with Mr. Goodyear went 10 New Ha-
ven and there Mr. Day. lie said the agreement IN
New-Yolk hard for him, AID he would not
carry out and had Mir Goodyear to get more
inst and equitable That what Mr. Day told Ie, as
| near as | can r, member the language.
- Did anything further occur al New,iiaven by way OF
forwarding the ment which Mr. Day took part
There much conversation between Goodyeari
Day JudsOn but nothing definite was agreed
upon until our return to NEWTON
So What eyne occurred in farthersnce OF the settle
nen after you Newly ork IN winch Mr. Day TOOK
isns Mr. GOODYEAR soon came to the city Mr. Judson de-
ching have further negotiations with Mr. Day, the ar
Giles agreed upon which were finally executed and
signed.
saw Mr Day IN at Mr. ad'Gns Ofs he OF store mo
settlement and wished meet him at his room in the
FIankhn House; Nh. Day was TO be there
49, that who was seeking settiementl
Ans. That Mr. Day
AZ Did You have a conversation with Mr. Day about the
a had to Mr. Day that $1,000 had been placed in
my hands, that held power OF attorney from Charles
Goodyear and should urge the suits then In progress as last
g. was that fore any of the interviews the Franklin
/ An, 1t was several weeks before.
ST. About how many times did you meet Mr. Day at the
Franklin oue about the arrangement aforementioned!
Hs Quite number at least five or SIX can't say with
|, S. In what room there
-ns. In Mr. Judson's room, don't know the number
81 Did Mr. udson at any time seek nr Day OF 90 70 him
meet him about such arrangement elsewhere than at the
Ans. Not to my knowledge knew of his
meeting him, except amer this when he refused to carry 1t
out and went to New Haven
.. Who refused to carry ii out
EXHIBIT L. No. s. on the part q complainant.
Feb. 8, 1852 c. W. NEWTON, Ext
. EEw-YoRK, Nov. 2 1876
5 | lCcSFIDE INITIAL.
Mr.. GoopyEAR-Deay Sy: | have had two interviews
broken off, ard think ii you was in NewYcrk settle
nent could be made yet The principal thing hs divides
is asks $lococ and the other s. diff
ference Of FIVE thousand dollars your s,de Do al the atae
GndtkI N the enjoyment q monopoly. With the strong
feelings Of 10th sides is difficult negotiate but ask
If any object you to Newly ork
and bring this thing close cannot but fear that
shall again get compromise and
It's deliberate advice you while you may
| or hudson will damn II eyond retrieve.
Respectfully yours HORACE II. Day.
EXHIBIT L., No. 2 ON the part of the complainant
FEDS, 1852 {. w. NEWTON, Ex'r.
HEw-YoRK, Nov. Is 1916.
Mr. CHARLEs GOODYEAR Dear Sir From ciTcumst snces
which have come o kno wedge since | last