The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-06-26
easion of hearing him ssaiify, ani that they found
the issna nain inn

casion of hearing him sssify, ani that they found
the Issue against him
The JuI0a-Wlh gurle one furnish mo with tho
notes of my charge Gu the ormer trial
Ar. Van Wrinkle hero handed q printed copy to
| the Judge
Mr. CuoATs--I SHOULD have asked leave, if had
thought it periscty approprate and entirely deli-
cate, 10 have been permitted TO read from Tho
Judges charge These licensees, sir are tho plain
tfts IN his l have thus far may it please she
! Court really done no more than I'd call the atom
! tion OF yoDr bonors TO the fact that here was u
failure TO afford Day protection for two years and
1 three mouths and that eertaia consequences fowed
from that failure to pro .ect, rendering il nequita-
ble in the contemplation OF the Court Of Cha leery,
to undertake. after that time TO volunteer proSec
ion. and revive n covenant which had, by its very
Terms, 80 long lain dead have thus far been as
suIing that the plaintiff had valid and good proof
that after the LIST of January, 1919, he did wake
up, although little late to the duty of protection;
| but have now the honor to bring TO your notice,
SO far from this being true, the great fact which
stands out he equities of this case, tha; after
| they had, in this way, driven Mr.. Day from his
business, rs much as though they had barned his
| buildings over his head, ana expelled him from New
Jersey, Mr.. Day devoted himself to q descrip-
| tion of the manufacture of shrred India rubber
! goods--go an article known as Congress boots aud
shoes cores; that is to say fabric of shirod goods
which is established for the purpose Of making q
new description of boot shoe Driven from stis-
penders. they could not drive Mr. Day int deser.
ton of the settlement He still adhered to his duvy,
to his right of stirring Although they had
peHed hun to abandon the old form of it, still he did
not love at once to repudiate the contract, recog-
nzed its validity as an honest, honorable man. and
said to himself if cannot make shirred goods in the
form contemplated by tho parties. / win come as
near to it III Gun in the form fother shrred goods
IL another application And this man, who is said to
be influenced by mental reservations. with an in
tention to cheat-ths man, whom the licensees have
denounced in such terms as the bench may en-
rioy towards those very licensees, as having Gun.
ningly and fraudently voided their own contracts
this man. whom they charge with mental rcscrva-
tioDs and intentions to cheat, | say, when driven
from that form of corrugated manufacture just took
another. hope the licensees let him alone and that
Goodyear protected him in that other. But let us
SEQ. No; he encountered in that new field compc-
tition more cunning, moro shallow, more mischic-
yous, than he had met the field of the snspnnders
and on that new field of competition, instead Of hav
ing merely the licensees to combat with, he had
Goodyear himself, by his agent and associate, Mr.
Jw'son--his agent, coafiutor. and associate for
many years--Mr Juison directly aiding aud abet
ting III the competition which he was now begin
ming to enter Now may it please the Court the
proof s exactly this: that certain Mr.. Richard
Soils, from sometime in 1913, or, possibly early in
the year l5i9the time is . little indistnct--but
just about the time Mr.. Day disappears a sns-
pender maker, and energies maker OF Congress
boots-jnst about that time, this Mr.. Richard Soils
makes his appearance in the market as The manu-
iacturcr md vendor Of form Of shirred corru-
gated goods which they called delicately basscd
goods, and he proceeds TO the manufacture of an
article eunningly mate and a little different from
Goodyear's corrugated goods, but the mcrest and
shallowest Infringement on Goodyear's patent
attempted, which he called on to prosecute as
an infringement. He entered into this ne form Of
shirrea or corrugated goods-thc same thing that
Mr.. Day had betaken himself to-nn article of SHRED
or corrugated cloth, made elastic by union WIN,
india rubber cords united by process not different
from either of them--an article known in every
market in the world as shrrcd corrugated goods,
possessing every property Day only not quite
good, elastic his elastic although not quiteso
elastic, and made so by the same means. l say the
testimony proves that from tue year 1913, this Nc.
Richard Soils emerges into competition With Mr..
Day, which lie continued with apprecably in
jurious influence upon Mr., Days business, and from
that time till he abandoned corrugation in every
fusm and betook himself to the business, in which
i hope he is TO have at last the protection Of this
Court Now, we have dozen witnesses, by whom
these facts the part Of Soils have been establish
ed beyond doubt They are--Dououghan, Dodd,
Ward, McCurdy (Robert and Dayid), Townsent,
B. gardus, Carlton, Kent, Calhoun and Bliss, ani
there is not particle of contradictory evidence on
he other side, tending to crcato a doubt, or tend
ing 80 show that til 1T was not the of Mr. So
ISIS business There is controversy to
whether aud to what extent Mr. Soils was an in
ytntor; but the general fact, that just about coin
cident with the lime that my client was eXpelled
from the manufacture of sas.enders-stilt unwilling
/ TO desert the of tho license he hid snasisei
1nacr-Jnsr then, may 10 'ioase yonr hono.s by ona
Of those condolences thai should not. rs rea-
| saner on facts, undertake to explain, when
| cunced the combinations, intent on hos
/ fifty and avowns purpose to pursue Mr Day,
! let him engage where or III what iorm 81
India rubber Manufacture he might--just then lIr
! SOILS Is found largely engaged IN the manufacture
Of this form of SHRED goods. that nftcr the
lst Of January, 1870, he got de facto more pro-
lection than before. While biz covenant Is, that he
is not to work outside of his license wh..e he i pro-
tected, there has not been day or night,
week day Sabbath, rainy dry or Try day,
from the time he made il that he has had the forms
protection; that he has not encountered the
shalLest and drectcst competitions that he has not
felt every time be laid down n night and rose upin