New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-09-18


Hutch President OF this mpsny, sad ooe on the
real plaintiffs And yet tbey undertake 70 say witness,
hecsuse he s6 Mr. Day bad ased aioohol - solvent 81
ID. time Hutchinson was employing IL To his essse-
.bbmest
Mr.. BRADY.-If The Court please, It
would b. veiy ksome fI 10 Interrupt the ecunss Ia
Of his points ~ fact add therefore,
wie'e Do thps interrupt him. we hope the Court
viii understand asserting 70 say Proposition OF
here He h.s rot ssed nv augment about this
lsstes IN ierroc. 70 this matter that me Wines az
py swor- that Mr. Day adopted lhs use OF alcohol and
gave up terpe ntiSs solvent
Mr.. CUrTING-I do not wish TO be ex-
empi ON interruption. We here 20 disca this case.
sna ens TO The Court ali the Light upon IL can In.
n vi and correction ill rot hinder bet vii 40
now refer the Court the sviaeec. Of P s Van stou-
' ~ ae'e@dants prsHtEs page 2S5 questions H. "
have also very long liz, OF witnesses showing the use
o, nPnu, o sIss number Of other psies bat accord
ccmb anon with lead therefore ,hi, dsnss Il NOR,
properly applicable TO another brsneh OF hi, dscuoa b
according 10 upd-naud,nx OF III pssnt ar mi
rhur end rubber alone 10 nom and f more exsn
than for sulphur rubber and lead a. that ..,sa,
tslen out for the Triple compound would ansed bv
usDg and rub,e alone therefore viii not aaa,r
this hea1 II the dscuion trouble your honors with INV
further references the triple compound Conhains nv
,. then 10 OF sulphur and iubosr alone sasnit
have established, BY eight rue witnesses honest and
respectable men, ho cannot oe OF at all events who have
rot teen ssled the discovery Of and the aioption ana
prsetics Of sulphur srd ruober snd the sale Of
The fsbr, in ore Of the coinp,nys stores In Boston,
tincty proved the ute Of the article Ia q,estoa,
BY persons other thsn Nr. Goodyear Mr.. Hayward.
he 20 ssn psa, .sn ont in 1859 BY Mr. 6ooSye.r The
assignee OF Tia wards invertJn for this Identical
compound Of rubber and sulphur article thus publicly
Known ard ussd by many p rsops S early 1884 and
NS5, be sustained Clearly. u cs1not De-.
Rut IL . said preelrded from raising that question:
In this suit because whsieysI may have doue In the
tion Jaw brought for iang Of thsssms pssa
ard whsteNer BE- the Issues 90 that suit hsvsin hs
~ question the validity tho patent OF lSS9
Iyon looking the answtL perceive that tn question
" novelty Is cot scd an p0Nab the ssion from
the circumstance that th being put issue Ia
scoA law, and this being bill " al extra Hdnxy Ira me-
which geemed to proceed the n1dln Of compelling the
eric performance Of 40 agreement rather haa 20 try
patent the parties In pTeA La ne answer have Ind heir
attention drawn 20 other matters Than what pei aps
strictly requisite But insist 8yodyeN oash, not to
be permitted to iaise this teehni al lection, because hr
both aTtes IN tshibg pr have treated the QUESTION OF
roNetS In tbs use OF sulphur Of ths mAers Ia ae
They have examined witnesses both sdvs to Ibis enu
ca question ana have eNamined thso upoa this point
unusual 9Th They have mutually treated IL a. sob
jet which va to submitted l. the Coart The conrary
a. fer know, suggested until ths arsument
wa, opened the other dsy. Ihs quesuoa hssi1s been
raised AID beng In i.ne Ia thu snt shih hes been
going At the same m4 AID ovid. having been taken
In both suits II they and the same when
csme here sst fall to try the Ut At law there
pIoc tsken In tAe equity suit tnAwi deemed by both
parties high uecessa snd The council hsa entered into
stipulation by which wss ssrsed q AZ all deps ons al
rtAey tske1 10 DO taken Ia TIES po;edugs should be
sd az well IN the suit ia ecoy the acuOn Al law.
Such ne the agreement and thol" hivios oeer
ar-sdy taken ooncernDs be hur paen wi hau 0biec-
ons AID the cohsy, Ia order 20 delay aud al
,ms chnica questious apou actice THE
Court having oesed that ~ tho proofs tassn ,hou be
Iesd wei IN the sctioo law that OF equity too
lae Tor The counsel oon3 ii "a Il ala ths pontsin
vowed cannot b. aises il th. rh-e has been no sur
piie they are not ctssO'd they came prepared UPON
Tie eYdsIoe precisely II there such svemsnt in
the They gbt cot 10 ALLOW cd In visw OF all
hoss prcsediugs to eNue nom the case ny mere tech
rcsiy questiO of 20 much spO lance II necessary,
amend the s4sw~r by us'rirg sYsunent %
tho want OF novelty lts snendaJle the ", e. n the
Count ses that Il csuuot opefe'. a. "a priss
9lo nsNt Porshon th4t l qhnl' 20 tfe Coart Is that
assuming Ton Arguments eake daywsrd hid rtht 81 the
patent The csc yeer OF Oh" IMPOSITION ut sulphur a1d
TDer the abandoned snd iedles,ed To tbs pub
he by him and Others With his AID procnge ieat,
uiug sno s. I'm IL b.ior, his Application fir apstenL
That requires me now 10 Gail uu'ntoa 10 the evidence
Tie ts witness for the pupcsr 81 showing tho msnusc
tte 81 this 'iclv by hay~sd and putt. &c uPoa sale
a. early ~ 1850 a. up 20 lt'8 - NJ II imphrey. d him
pave the u.s. OF ths dstOfeY b. No liaySad from
g. when he n,as It until l8p wh1n he asst led It to
Mr Goodyear Vol 4 defendants pIin.nI p,ge 2t,
umphiel's testimony qaes lon - Chic evidence wa
This NJ Humphrey 50 fr connected with tho ssatls-
en- on the Other de IA, Ia 30 he wa, employedM
~ Ss s Wo TS sa os
cut, tey sOo Hu pphTey ard he aud Hayward became
psIrntis IN TIE bosnes bet haywad getting into sii:
Culles mshusnt Was taf s'err 10 Ns~ ell Newell md
Humphrey then became pa tLcrs and ihe COMPANY con
tnVe6 the firm Newell n Humphrey. Daring the
whole OF he examination bi VItL~ssss it will b. found
thst Humphrey IN The employ Of TIA plsntis.
iuntirg up testimony, sim ty he counsel akas part ia
~ cause. and dong what he could assistant
Tariy IL mterci 10 advance the cause Of the paiauna
have selected him m 0fder 90 main ain this b. aac of
because ne witness utterly opposed fscl
quie 81 the ost q SUE thS. eAls's ana who nat been
active prom oter OF This letioa lie proves hst from
1850 pnul The ,priag OF 1854 M tnaius5iu 81 goods
by uNiure o supbar aud rubber was carried on he
proves u ser dug item Boston for sale tho seus OF
them IN Noburn the delivery Of them Beers p ddls
alb at the county and that the tao c put sale for
the purpose of poht dining all tina period of Our
opo eu's have hit to c.mplain Il tho
sssnsf them, by witness friendly TO them lie
among other thing. that goods mp OF slipbor and
bbt were not only exposed Tor sale aad sod but that
hi. iht Isuu OF o pss servers and other ARTICLES
the tho In.tifute tina Civ
oi Now York as early as 10 the yea I3lo and hat being
there exhibited medal was awarded By the lnstlute for
this uanuflc ue.
Ugon the osseXaIinslion, effort made TO create
the imrTe sion that thess sto exhibited tho
American ln tit Il being meIo experiment. ard
sp,, OF perfected dseOsey' hut the witness
uIac o. assist this Ingenious s0gs~son This part Of the
case, thsJsf.ie, 10 very asu, "a ny established.
also refer O. the evidence OF St ph-n Hae I'D vol de-
feIdarts printing page it5 question - 10 show that the
existence VI sUlphuT 10 1880 osected by the smell
much 50 as TO b. serious oheeiisu to abe goods
Mr Alexander stIoog I'd vol dseadsnt printing, page
10 ard 4 y tssties 60 the same eject
AZ made the pat Of the efeudaas to OBJ.
tain posss Ob OF tho oss Of tbs Eagle COMPANY for
the purrose laying before the Court tho whole OF their
tansacti In eieren; 10 tbs manufacture Of sulphur and
ruber By reniDg 10 the evidence OF loln Bsslow yo
defndsb printing psse 80 the Treasurer OF the Ease
Company II psas that these boOts taken possession
by Nj JudsDn. VI thu pantins counsel, aDd he,
with his usual good Ind just appreciation Of erped
et cy. has hello on TO them ever zee Mr. Bigeow
called produce them but he they nal been
taken ~ nr JUdsOo ana that h., .e very disc ee add
fithtol eo9O'ei, had KEPT th,m ever since .,
MI JuDSoN- lho oio III So"e'
Yes, "in Court" but not in evidence.
They ike very many matters that assered but are
not found IN the proofs However. Mr. Beolow Gays that
goods were manufactured Of huT and rubber by that
conFsny thst they contained that particular and unmts-
tssbe grsdent, and 10 sufficient for our purpose,
books or no boO,s
The next witness Mr. Luke Bzelow, who wa the AGENT
OF the ksge Company from ioly 1896 10 the summer OF
lta7 proves that mr a) ward was the principal At
that factory and that st tho good. wers sent Tor sale
smother establishment In Boston kept By M Hayes.
Nhaean be said sgani this eyid Csn there Do an
pc such uuiBts pied sale for such ensn o'
time Ct these sulphur 80 ds'
also refer u the testimony Of Timothy Newell The 90
partner Of Humphrey. and who held the Interest OF nay
vsld cove, the latter being Involves a.
that IA difficulties (NewePs affidavit 81 me Ign.
hing Of second vol plaintiffs piotins) ne W" ehsminss
on feba OF the psiDts (ses sisp an exnint marked q,
page 55) Mr. Newell Ia that d-position fyos very cen
and distinct account Of tho traoss0ns o. TOO sNe Co-
paDy during oil this ane who sboud Anow ,suer than
be lie hired the hands; vas tho psftnsf o. hpwHat
ard be also proves ara SAL OF these soods
by he COMPANY donns Yeas 80 aad lS0
1t would b unfair TO qoit NJ seweli wiInvo. somuns
bss himself In point wbefs lie n