The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-05-15

and put an end to it. Therefore, such reverse pro-
cess has good deal Of resemblance, is analogous
TO this vulcaniEng process Water freezes into ice
at thirty-two degrees. You may make it much
colder; and if you expose IL to a much lower tempe
rature the cold to expand and begins to con-
tract and you may freeze ice, that it will sink in
water. And IT has been supposed the formation of
anchor ice, which goes to the bottom is produced by
this increase Of cold
And, now, is Charles Goodyear the discoyeror of
this invention of vucanzed rubber? Is he the first
man upon whose mind the idea ever flashed or to
whose intelligence the fact ever was disclosed that
by carrying heat to certain height it would cease
to render plastic the India rubber, and begin to
harden and metalize it Is there man in the world
who found out that fact before Charles Goodyear |!
Who is he? Where is he! On what continent does
he live? Who has heard ofhim ? What books treat
of him! What man among all the men on earth
has seen him, known him, or named him 4? Yet it
is certain that this discovery has been made II is
certain that it exists. 1t is certain that it is now
matter Of common knowledge all over the civilized
world 1t is certain that ten twelve years ago it
was not knowledge. 1t is certain that this curious
result has grown into knowledge by somebody's dis
coyery and invention. And who is that somebody !!
The question put to my learned opponent, by my
Leaned associate, If Charles Goodyear did not
make this discovery, who did make it? Who did
make it Why, if our learned opponent had said
he should endeavor to prove that some one other
than Mr.. Goodyear had made this discovery, that
would have been very fair. ! think tho learned
gentleman very wise in not doing So For
have thought often, in the course of my practice in
law, that it was not very advisable to raise spirit
that one could not conveniently lay again. Now
who made this discovery! We want to know the
name and the habitation, and the location of the
man upon the face of this globe, who invented vul-
canaed rubber, If it be not he who now sits before
us.
Well, there are birds which fly in the air, seldom
lighting, but often lowering Now think this is
question not to be lowered over, not to be brooded
over. and not to DO dealt with as an infinitesimal
quantity of small things. 1t is a case calling for
manly admission and manly defence. ! ask again.
II there is any body else than Goodyear who made
this invention. who is he Is the discovery so plain
that it might have come about by accident 1t is
likely to work important changes in the arts every
where IL introduces quite now material into the
manufacture OF the arts, that material being nothing
less than elastic metal Ii is hard like metal, and
rs elastic as pure original gum elastic. Why, that
is as great and momentous phenomenon occurring
to men in the progress of their knowledge, as it
would be for man to show that iron and gold could
remain iron and gold, and yet become elastic
like India rubber. 1t would be just such another
result. Now, this fact cannot DO denied; it cannot
be secretcd: it cannot be kept out of sight, some
body has made this invention. That is certain. Who
il he ]? Mr.. Hancock has been referred to. But he
expressly acknowledges Goodyear to be the first in
yentor. say that there is not in the world human
being that can stand up and say that it is his inven
ton, except tho man who is sitting at that table.
There was time, ! admit, when there was a dis
agreement between Goodyear and Hayward and
MIR. Hayward was foolish enough to set up some
IT,,
and his chief merit is that he had the manlness to
discaim it,
say, therefore, at this hour in which have the
honor TO be speaking to this court that there is not
man on the footstool who pretends this is his in
ycntion but one-not a man. Well, is that not
enough The invention exsts-everybody knows
and understands it, and everybody connected in
foror times with the manufacture of India rubber,
has been astonished at it. There have been many
respectable witnesses in this case and the best and
most intelligent of them say, after having been en-
gagged in attempts in this manufacture for years
and years. losing their time and fortunes they
never heard or imagined any such thing the yul-
canizaton Of rubber until Charles Goodyears in
yention was made.
Now, may it please your honors, know but one
in the world who denies the originality of this
invention. No out of this court house denies it.
know but one within the court who denies it, and
shall say, with great submission, that there is not
man in the world who should feel more bound not
TO deny the originality of this invention. 1t is
Horace H. Day, the defendant in this case. He de-
ny it He deny il /! Yet there is his bond. Ecce
signu'n : Terms of contumely and complaint,
however loudly uttered. and ! am bound to add,
however solemnly sworn to, upon the face of
his answer, do not tear the seal from his bond,
any more than the merchant of Venice tears the
seal from the bond which he had given to the
Venetian jew. There it stands. Days name is
there the seal is there, and there it will remain until
he and all of us called into another state of
existence. say. therefore, that he is the last man
in the world who should stand up and say, 81 have
Il l1EHt 10 TINS INVENTION, ana i ueny tndt IL -
Goodyears invention. 1t is true, | have acknow-
lodged it under my hand ard seal 1t is true, that
have derived very great advantages under it. 1t
is true, took license under it to make SHRED
goods, and ! promised to pay, out of every
yard. three cents to this inventor. 1t is true,
agreed TO pay him three cents yard, and now
make three dollars yard from this great inven-
tion. put into my treasures thousands and
thousands OF dollars. by the of the license
under this patent, and have not paid him the first
cent, which promised repudiate the contract"
liquidation is term which has been in bad odor
for time pastit is not likely to be in better
Look mt the conclusive testimony Of Professor
Silman. In October, 1859 the Professor, who is
one Of the most learned men and practical phloso-
piers in this country, was visited by Charles Good
year. who showed him piece Of vulcanized rubber.
Professor Silliman proves that Goodyear max
ing experiments in 1899, and that he called and
showed the Professor specimens Of his invention, as
he Lad from time to time advanced in hsresearches
On the l4th Of October, 1899, Charles Goodyear
received the following certificate and letter from
Professor Silliman-
YALE CoIIEcs, October H. 1899
Having seen experiments made, and also performed
them myself with the india rubber prepared by Mr.
Charles Goodyear state that il does not melt but
ather chars ~ heat and that il does not stien ~ cold
but retains its cXibty in the cold when laid be-
tween cakes OF ice. b. SILLIMAN.
Now upon the known fact that such an inyen-
ton was made, and that there is no existing
claimant but Goodyear for this discovery at this
date-uIon the strength of the patent, and the
Judgement Of the defendant under his hand and
seal, satisfied that your honors will be of the
opinion that Goodyear's right to this invention is
proved
But that is not all. There is something which,
if possible, is stronger There are men in the COM
munity, and especially the active community in
which we live, ever alive to the application Of new
discoveries to the arts They are ingenious and
industrious bees looking out for every opportunity
for and advantageous occupation. This dis
coyery broke upon the world it was seen to some
extent il partially seen also to what extent It
might be carried. Everybody was gazing at it, and
| longing to have hand in it, and what did they
dol Why, thousands and thousands Of indus
trous people are employed in it,
under the license Of Mr. Goodyear, and Mr..
Goodyear at this day stands in undsputed
possession aud quiet enjoyment Of everything
secured to him by this patent without moestotion
from any man on earth--except the defendant,
Horace II. Day. lie has used all his ondeavors to
diswoye the validity Of the discovery Not another
human being disputes il. Is not that conclusive !
Does IL not show the strong current Of public iudC