The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-10-16

The next fossil remains brought a bar 70 Gel.
Colts patent IL tho Smith gun The 6cst question
before Mr. Coltsa Now, it is proven in this cause.
by Gen. Harvey witness Of the defen iaats, that
Mr.. Colts fret gun was mado in 1881 BY looking
at the judges charge at Boston. your honsrs will
that there was no pretence then that the Smith
gun had been made till after that time; although
nearly all the witnesses were sworn ct Boston who
are sworn here-his father aud his brother among
them But now these gentlemen have rolled back
the tide OF time about i've years; they are able to
Correct old time, and regulate the sun;
and they now ascertain that the Smith gun made
about 1873 or 20 The gentleman wants AS to tell
him when Col Colts invention was first made
have no doubt that if We should prove it in
800, they would swear the Smith gun back to
l799 The father and brother of Smith arc
sworn, and they say they were mistaken in seme
dates at Boston, which they since corrected. Mis-
taken . year Now, let US how this il sustain
ed by testimony. One witness, named Eastman,
sweaIs-I will not take time to read the affidavit,
but j state truly its conteuts-that this Smith
worked for him at that time, apprentice; chat
he does not know of his making gun, or having
gun then but, for all that it may be true that he
aid have one, rs he WAS away from mis- store some
times and left Smith there alone Absurd and
ridiculous as this statement seems almost
incredibly so-it ia truth TO the letter, as your
hon0TS may see it your curiosity induce you to
read such stuff This affidavit finds but one preoe-
dent that have ever known, and that have no
runs thus A rowdy was arraigned at the bar of o
Western frontier court, charged with assault and
battery. The State called two witnesses who swOre
thnt they present, and saw the act com mtted.
The defendant called two witnesses, who swOre that
they did mt see the act committed; whereup0n his
honor charged the jury that in criminal oases, the
prisoner was always entitled to the benefit Of o
doubt, and that as the witnesses OF the defendant
had not the act done, he thought the prisoner
should DO acquitted Verdict accordingly. But
admitting, for the argument, that Smith made .
gun before Colt let us see what sort OF gun II was
This gun was produced at Boston, by James Warner,
the agent Of these defendants: and he there testified.
he does now, that he purchased it years ago.
for the purpose of making evidence against Colt.
The counsel at Boston, however, knew that 1t was
of no use to show a fossil Of this kind, which
has no rotation works it, unless they were
able to show what the works which origin
ally existed were. To say that at certain time q
gun was mace which rotated by cooking, is no
more than to state abstract principle, if
st the same time, you do not show how this result
was produced Stained glass is we'll known; but it
would be invention to discover how Stain it, SO
of any other lost art. The result is not enough, if
the means are not known. 1t may may noG have
been substantially like Colts. Knowing this prino
PIE, therefore, counsel at Boston produced, or
warner did for Them some l0ckwOrks, which it was
said would rotate that gun, and were similar to
those originally used for that purpose. The mo-
ment saw those works, perceived that they were
identical with the works used by the defendants for
which they have patent, granted to Warner, On
his oath that he invented them; and as conse-
quence i, followed that if such works were ever in
the Smith gun. to Warmers knowledge, he must have
committed perjury when he swore to their invention
in 1851, the time he took patent for them The
production Of those works at Boston was bold
experiment on my ignorance of meohanio,, and it
failed; for although make no great pretensions to
SILL IN that depAr ment, yet IL was obvious TO
my eye that the things were the same. Warner
soon found out that had discovered the fraud, and
those works disappeared When this trial was about
to come on, ana every time it has been noticed,
Mr.
to produce those works; and how has ne a answered
1T Not by an affidavit of Warner stating that he
has lost them no such thing-but by statement
OF bis own to tao Court, that Warner said be had
lett them Mt Boston, on the table or in my hands.
Warner saw tho State prison before his eyes when
be was called on to produce those works, and they
not to be found; does he now swear that he
knows how that gun did work; he only says that
apy one can SEQ how It must have worked This
Was the miserable position Of the other side, when
this cause went over half argued last week for your
TO make another attempt TO have those works or
one like them, produced; so ] served the following
notice on Mr. Stapies:-
Sir-yn the argum emit of the above entitled M .tjon ON
the 10th init, you produced gun said to hive been
made by one Bepjsmin r. smith which Won co,eno.d
vas sIotsry aim ard similar principle patent
"a hy the complainant and in the dppositions of wit
called to prove that proposition st is sworn that
the particular perts of the gun used to produce the
rotation are mt from The machinery attached to
the hsech and dponent refers to the inspection the
operation" but as have not yet produced any
such machinery shown by evidence. the operation
OF that which 1t is said originally existed In the gun 1t IL
evident that both the the for ,mplan
ant lett to their eDtye the
ter herring 81 ibis cause. such machinery for rotating
the said gun as to contend originally u.sd
Tor that purpose IN order that the court and the compsn
ant may be advised Of your claim Of precedence AS Of
course it will require Invention to supply this appa
rsnt" fart but only the labor of workman will pay
,he expense OF having ono employed for this purpose
o0eal0nt servant, EDWD. N. DlCkERSON.
;. X. STAPIEs. Esq, Counsellor.
And confidently expected reply. But there is no
reply. The gentleman only says it is some more Of
my psntomime Where are these works How arc
they! Who has committed perjury z Onnie 1ys-
sunin'ter contra sqoiiatorem Well. your honors,
after au my endeayors, am not able to bring to
your knowledge how this gun operated and you
viii find that in nO affidavit 10 there any attefnnt
content themselves with announcing the fact that it
oid rotaie and appealing to the skill Of tho court
10 confirm that proposition by inspection of the
gun. join in that appeal, and | shall show your
honors on inspection, that this is the shallov west
fraud yet attempted in this case that this gun has
also been mace up for the occasion, and rusted to
give 1t the appearance of antiquity. Now your
aonofs will see (shcSing the gun to the cour) that
on the cop strap here there Is slot which has no
otbce IN the present. organism; and that through
tiat slot, ard about the middle of it, there is =
screw hole running at right angles to the leogth Of
the gun, which hole passes through the stock and
II mounted wish brass caps protect the wood from
abrasion 1t is obvious that in that slot was once
the cock Of this gun, and that through that scrow
hcie was the centre of that cock. Where are thew
gcue Now the lock is changed, aad another sprt
Of lock occupies it place in which the hammer
Draws back straight and strikes on end. This is
obvious from inspection, and beats the most con-
yinoiDg evidence Of fraud on its face Nov look
further, your honors; tbeee little notches on this
cylinder. wers they ever used to rotate this gun
Wby, there il not depth enough to hold tue pail
they have been fled in with small file. and then
rusted with little domestic vinegar Take them
away and there is nothing left about the gun to
Indicate that it had been thought to us, il as
rotary gun 1t il charity to James Warner 10 sup
pose that when he was getting up his patent he
altered this gun for the sake Of tho experiment. ana
that IL 70 now as ne left 1t and in this em the
more confirmed since TO will not become si,ness
to osecrbe 1t as ii was or to explain the abenc Of
the works. and since other witness makes that
attempt
But, gentlemen cay this gun is fatal TO u, in our