The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-06-26

coragatsd goods, vhen the three licenses Wcro
bought on Other men were placed in these factories
10 work against him The third fact Ia, that they
broke tb 81 rccitals, aud these covenants, in tho
same way, the mstter OF the licenses granted to
Haskit :, On the 3lst a October, 1889. Goodyear
undertook get that license ap, tho settlement
would &c good for nothing lie never did get IL up.
IL s,ands TO this day. II that Haskins
assigrcd u 20 Mr.. Baldwin a matter Of indebt-
ein.'o, and Mr Baldwin conveyed il, by the consent
OF haSsins, - collateral security to ono Conins.
While 10 lay N Cpmns' hands collateral security
Mr.. Goodyear called On Hastins TO ncgotil.e an ex-
tinetion Of the license Haakins executed, to 70
,sy the license, without sealwth aut con sdcration
"a partial sort ~ document. what he called 70
signmeni of lease or license, originally wade to
him aud BALDWIN Now, such lease or license vas
ever mace % him and baldwin. IL dcscri&s
nothing. and Mt the time when this ro-ase ignmSo
was executed, IL was one ct no utility, as tho Ii
cense had passed beyond bis own control. Your
honors may think We pushing a great patent
cause into pretty minute techniciltes; but recol-
lect that great Judge--the creates. Of tho day
that Massacbuse ever produccd-said once that
" n man ever permitted TO cay and pross tech
Iicalitcs, surely BIO misht casii for his life. We
Ir.s. tbege tecbnicatios 10 the end that may bo
Permitted to prove the truth in a court Of law and
lecausc the proof OF the truth IN court of Law is
AIRY 10 secure the defendant Of the cause tho
peace and labor Of bis lite Therefore NO are tcash-
ing the humanity-but Col forbid we should try ~,
saving or life by borrowing any body's knife or
anybody teeth to unisstcn bands, and to give
NJ our natural weapons ei defence, and daylight to
u.e them in. Thai IL al go are doing in tins ease.
There Is other Pfornd on which respectfully
submit that this esiOlei should be sot at large.
and that is the re Issued patent. After settle
mcnt was made with Mr. Goodyear, he surrendered
his old patent AMI obtained new one, which
submit Il GOOD Tor nothing IN point oi lay. Now,
agreed on the original settlement, that no might
surr.ndcr the fst patent aud reissue another,
lie could make us party 40 iha 70 issued patent
But OF course. may II please your hsnors, by tho
surrender ID that nrst patent aud tbe 70 issue OF
.taNH ia art in
point 81 law, then the wholo basis OF the prior ad-
us,mcrt IL taken from under feet. We got
from him valid Isicnt--he had sold us good pa
tent-nud il hc destroys it by a surrender or re-
issue, why ito matter Is ~ nm end. | suppose, in
the fret Ilace hat this issued patent is void
patent. hecaut u IL apparent 10 the Court upon tho
face Of II. II Il not for Ito same invention as tho
original Patent II 1874. The original patent o.
lSiI was Tor tiipio compound Of rubber, sulphur
and lead, arihCiaily hented. The rc-issued patent
Of 1919 ~ not only Tor that triple compound thus
arti6cally heated. but IL for rubber, sulphur and
compounded H. any proportions, and artihcially
heated IN any manncf-by steam or heat in any
Of its explanations; that ih. Court perceives tho
pnry broa.crs Is claim. In the five years it is
brought down 20 ~ 70 en- brace aud cover, ret tho
nanow artihcally heated compound which he made
and claimed H. isii, bet the compound (omitAing
one Of It's elements) Of rubber and sulphur, with
whatever other Ingredients IL codld be compounded
with; and cur argument is, in general, that these
appear the face of the pateAts To be different in
,entions. That pom. leave 10 my associate 20 de-
v,lole. There Il another point on which, az it in
wolves little evidence, will say n word, and that
Is this-Ihe rc-ssucd pet tent is void for what tho
law calls false suggestion. The rc.issued patent
announces that rubber and sulphur alone, without
by an arihelm hoe .inpred ents, may be vuleaniyed
the arts AID that suggestion, va o"ssf,i rubber Of
is totally disHoscd by the evidence IN tho ease,
and, therefore. upon the authorities which hav0
been added to the proof, there IL not shadow Of
doubt shat SIZE focios could 10 made to lie Tho
! repeat, Is, that union oil rubbec
a,le I.,t- ~. 5t...l Ian
hy dry artificial heat into useful rubber.
That IS not true IN point OF fact. Thoro has
not been scintilla Of evidence OF IL. There has
been. to be sure. little acting on the part Of my
learned friend, which j. par somlat altogether Do
CONN another place of entertainment There has
been acting and acting, and n show of an attempt
to break down tbs test mony. We are here To ask
for chance To open the pools right and let, IN tho
most liberal manner, in trial o. the ease Mt com
mon law. But il they will hold "a Grst by an 90
topel, aud hen by the posture Of the CASE We will
hold them upon the proof 81 tho case, and say, ro-
lying the testimony that here Is false sogges-
ton, proved l., overwhelming body Of witnesses
your honofs records, and there Is no. s,in-
tilla Of testimony 70 tho contrary in tao ease. Nv
brother gave no names of any such Witnesses on
Tie contrary, tho anxiety about an experiment.
shows that they thought /, time 70 bring h;tlo
evidence that point. They have brought no evil
dcnce, have head 40 mans name pointed on, by
my friend who opened the case; on the contrary,
we have called David McCurdy, Henry L. Alden,
Robert {. Helm. D. d jackson, John Nix, and
others nine IN ALL who chat il cannot be done,
and never Gone II you unite sulphur and
rubber in any proportions known used, 1t will
not yulcanizc You may unite them in proportions
so enormous and pfcIosiCrors, that the compound
may be vucanized-but BY that Same token Il will
be worthless. This compound also may DO vaican-
lied by subiecting il To tie beat Of a vapor bath.
but not by thedry h at otGoody cars patent. leave
this point the evidence it stands before tho
Court respectfully submit then in approaching tho
close OF my part Of this discussion, that there Is
nj Ia.
the defendant from Trial Of his r,gh. somewhere,
on the merits Of the ! submit, too, that tho
plaintiff is to have Injunction until he has cstab-
lished his righ. to il by trial ut law Your nonors
Will have observed, perhaps, by tnc way, that tho
rule is not to send issues from chanoey, but 10 relc
gate the party to the legal forum at large Daniels
Chanccry Practice, $50, makes that distinction;
and | submit to yours honors, that whereas tho
parties have already good honest law suit pending
in this court EXPIRE SLY to try and decide The validity
Of Goodyears title; and, whereas, in addition To
this, both parties have for ears, aud at immense
expense, been making extensive preparation for
the trial q every question in that very case, tho
reason for ruling 80 Is entirely conclusive. Tho
special matter then is gene; and now have u ask
the court Why the general rule does not attach! IL
there any other special reason why shoald not DO
entitled TO trial Of the right by jury at law, in
some Of the earlier stages, III which this application
Tor nm injunction is made! long time Of exclusive
| osss ssion has been good deal relied on. l have
not myself been able to find any such long CONT
nued possession has been alluded 10, thai would
operate III the last sage, or the final hearing,
md the influence of whoa would deprive the party
Of his hight ut law; and respectfully submit that
tie learning Of the planiiL counsel has not been
able to produce an illustrative case; and say there
Is not such case upon the records. There has not
been IN exclusive and peaceful possession oil thsu-
yenton IN any period SINCE IL was patented. IL has
been a long series OF bittor and expensive eoDten-
t,n. from first to last Goodyear got his patent in
iSit III lSi5 Il was inlringed, aud many suits wore
brought; in 1916 il was adjusted, and even willis
We kept the adjustment, Goodyear did not. Even
during that period, while We observed 10, had
Mr. bay moments peace under that patent!
l should ike to know that. l ssppose
We TO look ut nil the possession ever had
Us and surely Mr. Days possession NJ the time no
/ urelased his license ought 10 constitute pretty
important element and pretty important epoch
the history Of the general possession itself; but
had Mr.. Day hours peace on that p,tents
they begin to cheat him in 1916, before the lst Of
January and did not they continue to sat him