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


year might obtain Issued patent in such and
form as be it Very shall have the honor to
submit 10 the Court my remarks upon the whole of these
covenants as en- estOppel against Mr. Day. as to de-
lenses which he attempts 10 set up In this case.
four HOnOrs remember that when this case was
opened by my friend Mr. Choae that learned and elo
qutnt gentleman said he here 10 discuss and only
10 ds ous tie question Of estoppethst he did wish
10 20 INTO the evidence he ask for trial at Law
NOW may please your Honors il does appear 10 me,
mat hoth IN Il learned friend OF mine and his associate
nave 1t pt their fingers of this question OF e-oppei AS ii
hHa Deen bed oi burning Goals; they have not
ouehed or said werd about II they have not met
Hof Oh cussed they have used argume 1t deduced
10 PROOF, and said nothing upon the great questions
Nhh The lea' ned gentleman who opened the for
TO aiscuss
hut in these covenants Of October and November
le4b Inc defendant does stipuate thai Goodyear may
Whenever he secs proper, surrender this SHpiar Patent
OF 1853 and me tUcdnns Patent Of 1874 and take them
OUT anew What docs he now cay to them for it woHd
seem certainly to conclude the defense against urging
anything IN opposition TO the validity OF this rcissued
paientt
He meets it by saying that he never heard that Good
year Claimed as his INVENTION the application of heat to
the curing Of rubber, but only 10 his particular
compound that not in his ina nation when he
signed these covenants when he agreed that n
patent might be Issued that Goodyear claimed anything
but the application of heat 10 the curing OF his COM
pound, called the Triple Compound"
Now, If by that he means to say that he under
stood that Goodyear claimed TO rubber by sulphur
assertion The covenant called the Sd article page 49,
Is in these words:
"TnlRDLY-The said Horace II. Day hereby covenants
and agrees to and with the said Charles Goodyear That
while the aid Goodyear protects the said Day IN the eNlu
right to and vend shned corrugated
goods, hehS said Day. r not Dohydctae any otter orti
so aet0Hc ,uJb such Compounded Of rubber and
sulphur, Lad orydes, sa 1; necessary u
,lete finch bg the aid afif hat sulphur
cept for purposes Of experiment merely, and except in the
manufacture al the articles which said Day by prior articles
IL authorised to manufacture"
he M Vy ndp O. n saw nat on
tered MO head thst the thing claimed by Good
year. viii very thing he this covenant OF 1916 stip
uIstes be will not use' Why, what does he mean by
that Does he That he entered into that covenant
ard bound him eli 10 Goodyear not to ring which
open to hhnsef and all the world to use For that
is the osiion in which Day places hi'use by this
nant III his answer, compared with this covenant Is
there any escape from thet' Certainly not!
Now it is vain and idle to say that the covenants in
these obgHti condt IN of Days being pro-
tected in his license That is not the point The point
is that this covenant contradicts his contra
diets bis directly hy showing that he expressly
discrimnstes between vucanizng rubber by the use Of
three ingredients and vulcanzing it by the combination
OF sulphur and rubber alone Well, now, how can he
say in The face and eyes and teeth Of his Obligation
Il at all he thought MIR. Goodyear claimed the vu
canizing by his triple compound Why did he stipu
late Il en- that he would not violate the double COM
pound" toe compound OF sulphur and rubber aonei
He did understand, therefore; he must have under
stood is idle to deny it, that Goodyear Claimed the
curing Of lndia Rubber by means of compound OF sui
/ hur a0d rubber alone
Our lear ned friend thought the claim in the reissued
patent too broad that 1t extended beyond the orig
ina invention, and therefore that ground the patent
could not be sustained. He said that the Of steam
was nece gary to vucanize rubber when mixed only
with sulphur He said that it did not appear at the time
of bis application for the original patent Goodyear I'M
derstood The OF steam or embraced h as one oil MS
forms Of artificial heat Your honors will ind upon that
reco I'd that he did understand the Of stea and that
be pracced in various ways. He tried yulcanlZing
rubber and sulphur in steam boilers -
But is con,cnded that sulphur and rubber VIII not
vucanize in dry heat the contrary Is proved by his eX-
pei imens We have offered u prove It in the presence
Of the Court and again offer to prove by expert
ment before the Court.
Our learned friend thought that such experiments
might pc conducted produce wrong results, and
dcclintd proposition. We do not complain OF TINS
but offered TO subject proceedings TO his partcu'
lar and in such matters he Il generally have
doubt wide awake when called TO the suDtlest
points OF law.
But suppose rubber and sulphur alone cannot be vu
canized in dry atmospheric heat-what theni That Is
rot the question 1t whether they can be vulcanzed
By artificial heat.
We claim the inflammation of rubber and sulphur by
artificial heat, however produced.
ii OK TO the time when the ships that traverse the
ocean will have India Rubber sails when the sheahing
of ships will have ths taic vegetable productions and
he composed OF it, see, think see, thousands OF
other which this extraordinary product Is 70 be
applied, and if unde rstand the matter, Mr. Goodyears
interest during the duration OF patent extends and
all those uses go at to my apprehension tnas
which he hes already parted with s du and the dust OF
the balance in proportion IL the other uses nov begin
ming TO be developed to which THE product may be ap-
Piled.
But now may 1t phase your Honors, come to q part
Of the case which approach with the greatest reluc-
lance and with degree OF pain. would avoid It
if could consistently with my professional dunes ana
in dscharging il, ] mean 70 deal with no eplthets i
mel to use soes words express the ideas which
find il my duty present. AXE up the defendants
ansr1,-the defendants anst71 TO this DILL
Nav it please your Honors, this dns1r Is srorn
DaV has uad
sn,wer 80 far es respects his acts Is true, AID so
far as respects the oohers be true
That is nothing less than very solemn proceeding
He could have been advised by his learned counsel
thar an answer was hike plea in ect at aw that
he bad as much right state fact here in opposition TO
an assertion the BILL he would have TO put In plea
of asumptit' in court OF law, to de aration
note. -,
IsupposC that there is procee ting in which man
il more b, ind by law and morals to be perfectly accu
rate and perfectly true ia his OATH than when hesp
rerds his cath 10 an Gnsrcr IN Chancery ANA mo
reason IT, that the law allows him the grr:t privilege OF
defeating the whole suit if he cam solely by his own
answer under cath And your Honors know that hun
drcds and hundreds OF complaints ana pis IN Equity
are defeated every year upon the strength OF the de-
fer dsnts swearing in his own case because the law Al
ows him 10 swear in his case, and the Law MAKES
his answer conclusive in his favor, unless can DC
csutrsdcted by two witnesses, by one witness, and
other circumstspces equivalent TO second witness.
This i solemn matter, then very very solemn. 1t
is nothing be done inconsiderateiy or hsstiy anu
therefore say, tha. professional gentleman, OF Ie
enpepce Of those whom zee to have been employed
here could have advised the signature OF the defendant
TO this answer and his soemny swearing TO its truth,
without suggesting TO him the greatest caution IN every
pvernent in every affirmation or every denial Ia the
first place. ,,,.
"He denies that .nce the year eighteen hundred and forty
three the said Charles Goodyear has been and now Is the
and proprietor OF any and useful improvements
ia the of India Rubber for manufacturing pur
poses BY which the properties OF Indian Rubber io
ns uuruoses are sreay changed and improved, ana
Acquires qualities IN this behalf stated IN tne Dill Vi
complaint" ,,s III,
y fact stated in the BILL lie to the denial four
Honors will consider with how much propriety, under
the evidence in this case III there had been no ooho vi
yeci,al-1 he rould Ike that declaration
Then he ssys: "This defendant, further Answering,
admits that patent for certain alleged invention OF
one Nathaniel Ha ward granted 10 said Pannn as
stated in bis sad bill but tn. defendant GENES u a. ~
patent vested in said Goodyear any exclusive Tgat 70