The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-09-11

Upon its hse, IL bears the marks Of . deliberate
and wful intent on the part Of those who framed it.
to Dcpopoi,ss more than the invention OF 1874;
The pialL,h, however. insists that he has supprsd
ev'oeDce in THE eause that Goodyear was not only
the inventor Of the triple compound, which is The
chief feature OF the patent Of 1874, but also thai
he old invent all that the patent Of lSfy
gives him II it were granted that Mr. Day
is concluded by the action Of the Commits
siorer OF Patents, from the cxstence Of any error IN
the brit paseht or OF any omission mistake stli
insist that if tho pstentee himself undertakes 70
place before the Court evidence Of an alleged
error or mistake, it is then competent for the
defendant to avail himfelf Of his sdvarsary's
proof to show that it disproves his pretensions 1t
was felt on the other de, that it due TO the Pc
difference in the language Of the two documents,
and TO attempt to show that Goodyear was in fact
The inventor Of all that is granted by the patent OF
ts49 Hsye they done il! Far from l. By ex-
aiming Mr. Brownies evidence, (piaintifs proofs,
oeu, page 400 and 81, who swears to the hand
writing of . letter written by Goodyear to DIR
Jones, and which is the only evidence adduced by
the complainant. On this point, your Honors will
see how sgnally they have failed
EXHIBIT on, NO. A."
6rRNorIELp. Dec. IS, 1S43.
On. THOMAS p. JorEs Dear sr-If tits not too late
viii You please add the specification a. follows That
/ claim my improvement heating India rubber
whether manufactured not, In close room
With sulphur or soiphu.ous gas prefer this TO be In.
the odor by potsih 60, am not particular about
prefer that. think, for an amendment at q future
time Please write me at this place Yours. respect
fully, CHARLES GOODYEAR.
FEBRUARY H. lS52.
EXHIBIT ~, NO g." ON PART OF PLAINTIFF, c. W.
NEWTON, EXAMINER.
CHARLEs GoopyEAn, ESQ Dear sir-I have your let
ter Of the 18th in which you wish to have claimed
not. in close room with sulphur suphurous
gas.n This cannot put into the claim without nrst
desabing IL in the specification which is not done so far
uDnanufSctured gum is concerned and without
come explanation nom You cannot understand it, BY
nrnaDufsctured India rubber, should understand the
bottles masses as imported Are these to b heated
ard If So why Have the goddess to furnish with
all the particulars that may insert the thing under
aIso in the foreign patents? Remember that any nes
matter may be- sent there for months TO GONE.
should you zee Mr. Gay please say to him that have
not line from tther Of the parties proposing to obtain
patents You may. Mt your convenience, remit me
hundred dollars, on account Of .sIyees Yours very
On the back Of the letter is written in black blue and
red ink the following
Gums Of 18th Is reed cannot include the sulphur
got DO nesting uDmanufactured gum want further
defcriptiono
In the margin is written in different hand David
Hall
> Black ink. I Blue ink. Red ink.
This letter was referred to by my learned friend
and brother (Mr. Brady in opening this case. The
first criticism that arises is whet or not the evil
dence in reference to the authenticity of this letter
is satisfactory. / think it is not, because, while
the exists Of establishing its genuineness in
disputably, and when witnesses in battalions have
been examined, and, amongst others, the brothers
Of Goodyear, and his agents and licensees, and
Others most familiar with his handwriting, it was
reserved for member of the bar who never saw him
write, and who had had but very slight acquaint.
aIce It'll HIM, by correspondence some years ago,
and who lie partner of one of the counsel in this
case to prove his handwriting, and even he admits
that it does not look as the writing of Mr. Goodyear
doubts of the genuipeness Of the letter. (Here Mr..
Cutting read the testimony Of Mr., Browne-"Hay
you partner in the business?' Sc, &c.l He does
not pretend to express more than belief in its
theDticity, which he might well have entertained
without being able to prove it as . fact
But this NOT article OF faith; 1t was ques-
tion of novledge; it was a point for proof HIS
belief as to its genuineness is one thing-the fact IS
dence. Then, there is postmark upon the letter.
but year can be decy phered it is marked
Springfield, October 80 indistnctly as to be al
and. and ng; !. There il is before your Hooors
parties should have attempted " SO into proof. TO
establish the authorship of Goodyear to TINS
ton by means of this letter; and while they were
examining hosts of men-his partners, bis brothers,
his near relatives bis licensees, those who had sum
mered aud wintcred with him upon other matters
they should have scrspulously abstaincd from ask
ing all any of these parties 10 the handeit,ng
of this letter. and that they shond have left the city
OF New York, Connecticut, and Massachusetts, the
home and ycinage OF Mr.. Goodyear III order to call
upon hr Browne Of Washington for the purpose Of
identifying bishandwritng, when al that be able
to say, that it oo,eda little more cramped than
his ordinary signature ard yet he believes il TO he
Goodyear's handwriting (ar: Cutting hars Ie9d
Quest. Il, cross-eXamination vol 1, page 235 Still
he believes it to be genuine and there he leaves il
Judge GRIEF. Have you any proof that it wjs
not genuine!
Mr. VAN WINELE.-Hc was only examined, your
Honor, on the last day of taking testimony
Here the court adjourned.