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

1 IL. = n
made fair discosureoi all his effects and co ,due,ei
himself in conformity with the req,rcu,epts the
| law, he was discharged from his debts, and they
amounted 10 $1,000 The first thing he did when he
began to realize anything of this invention was 10
pay those debts, principal and interest should have
been gbd not TO have seen upon this record an unpe
cessary averment that he was man who had failed in
business. and threw bins -f from the desperate crcuu
stances in which he placed, into this rubber bust
ness
believe that the man who sits at this table, Charles
Goody Is 10 down 10 po-tcry IN the history OF the
arts ia this country in that great class of inventors az
the head of which stands Robert Fulton. a renowned
relative of my learned freud Mr.. Cutting; in which
class stands The names Of Whitney, and OF Morris, and
IN which class viii stand non pos, LoRgo iatrrdll0,'
the humble name of Charles Goodyear
Now here is another averment:
And this fe0dant further answering says that both of
force effect because the sad patent surrendered and
the s1eLdeI and in lieu OF which said patents issued
operative and valid patent aud not imperative
or invalid by OF detective insufficient description
or spechcaton and this defendant denies that said patent
Of eighteen hundred and oyiour surrendered Coz any
set forth in said bill for any legal ard sufficient
cause and be denies that the specifications attached sad
reissuod patent perfect than the attached
the suIenoeed patent and be insists that the Commissioner
of Patents bad jurisdiction authority accept and
eel said original patent issue ad letters patent
thereon
Now read at page fol- 2O5 page -, the following d.
rect contradic ton to this
And this defendant further answering ates that he WAS
advised and believes that said original patent OF June Is
Ies WIS nVaIa BY reason OF It's combining two separate
and one for eng cloth with rubber the latter being
value and that reference this and this only thar
the made, said Goodyear might surren
der It mp and take one"
/ Why, what docs the defendant mean Halt page
ago lie swears 1t was operative 0nd valid he adj
vised and believed and hall page since he he
was advised end believes that the said original patent OF
le44 was Invalid. 1t is like double pleading and your
BonCrs viii find through this whole answer, that the
aveTmeDts, alInstions and deniq Of the answer are
treated nothing different from mere pleading at law
one plea denying, and the ether plea admitting the same
allegation.
Ard this de PENDANT says that The said Goodyear or those
TO whom he had made conveyances with intent auduenty
to Obtain letters patent for an nveron discovery or I'M
povemeu extensive than what he had in fact dscov
cred or invented ANA claimed under preense that
the Letters issued therefor imperative invalid By
OF defective or insufficient description and spec6ca
uo ana that the pretended Aforesaid by nadver
tence mistake, snd well knowing the contrary thereof
sirrend 10 the Commissioner of Patents the aforesaid let
tes bearing date fifteenth day OF June. eighteen hun
died and forty four and did therefore awfuy apply tor
procure and obtain nom the Commissioner OF Patents
PATENTS for different from and
extensive than bis original claim description, that
complaint dated the twerty-h day of December eighteen
hundred and cryne and the other OF the same date here
call your Honors attention 10 that He says that
this patent of lSi9 obtain ed with fraudulent INTENT
for an invention more extensive than what he had in
fact invented and that Goodyear well knowing that the
imputed did not arise from mistake fraudulenty
intending to get patent, did therefore apply and
procure from the Commissioner If Patents two
patents for an invention different from and more
other of the same date referred to.
Now here are his words OF covenant;
"ADDrroNAL ARrcLEThe SAID Day further agrees, any
thin the foregoing articles to the coatyary nowithsand
irg, that SAID Goodyear may, when he deems right aud
proper surrender the patents bearing date the twenty.
fourth cay Of February thousand eight hundred and
tliuynine ard the fifteenth day OF june thousand
eight hundred and ioryfcur either of them, do aud
take them out such patent or patents IN such
be subject all the clauses and conditions IN the
cedng articles applicable 70 the said patents existing
Mr. Day has sworn it was and was not Valid and he
Iefh Mr. 1liOl a far
spected Mr. Days opinion, believe that as to the sut
cheney OF the first specification, that there was some
! doubt
! But now am coming to passage much more grave
end aerious On the sod page of this answer at folio
1876 words OF great impost-great and serious I'M
/ polt.
fad ppcaon for the patent referred to in said
bill dated the fifteenth day OF June eighteen hundred and
this defendant used and had IN practical use and opera
ton in his business in the State of NewJerey the thing
teral rar thereof which claimed by said Goodyear IN
The letters patent copy of which annexed to said bill and
dated the twenty fifth day of December eighteen hundred
and forty nine aud he viii insist that he has right TO
the of the if he should 50 elect and that said
patent is null and void"
Now tits is direct swearing that before Goodyears
application for the patent referred to in his BILL tna Is
the patent of 1884, and than two before such
application he, Horace H. Day, used everything new
end material claimed by Goodyear in his patent of S49
l. that 90, Is If he had that before the
suing Of these patents either of them he had used
the same invention, il probably would have been true,
hut if he'd il would have had effect and it would
ret have inydated the patent Bat here he does upon
lis sol, nm OATH before Almighty God swear that
than two years before Goodyear made his application for
the original patent of le4i he day knew and used eve
" Improvement in Goodyears pretended invention Let
understand this distinctly. Goodyears application
for the patent in January 1874 going back two
years from le44 carries back 10 January 1912 Day
therefore that early January 1872 he knew
and practced and used everything material and useful
contained in Goodyears Patent.
This l. awful UpCn the evidence OF this IL Is
most fearful and tremendous answer. Because shall
show your HonoIs, by reference TO the evidence that
long after January s42 in The fall of that year. by
~ speces OF application, and industry and endeayor
Day was seeking, through the means OF various wit
nesees seduced from Goodyears employment, TO learn
from them how Goodyear aid make his compound, and
low he applied his heat shall show that 1t was his
strenuous effort through all the latter part of the year
Is42 10 find cut that by sort OF pirstca inquisitlon
made upon CcotycarG honds; and by going himself 70
neer and loor around GOOdyears premises, and abso
luey ssked, even there To be shown the operations
That through the whole latter part othe year was
doing that and obtaining that information every part and
particle Of which he he fully appraised Of
and had carried his knowledge into actual operation in
bic own establishment, early as January 1872 And
| shall produce to your Honors his own letters, to
person no had been in Goodyear employ to come and
explain to him GOodyear's process and mode OF pro-
ceeding, and TO explain his compound and his mode OF
applying heat. shsll show you that be was entirely
ignorant Of the whole Of this matter until long after jan
uHry, le42.
appears on this record that long after January, lsf2
Day did not know even whether the strands for shrred
goods were spun or cut with knife shall show that
he did net know single thing about the invention
that he was ignore the most ignorant man In the
world on that subject during the whole latter part of the
year 1912 notwithstanding be hes put upon this paper
his solemn oath that he knew everything about IT, and
had it in full operation in January, 1912 1t tail in that
then shall fail In undertaking which seems 10 me 10
be very easily accomplished. may begin as well az
one part Of this evidence another, and therefore
read to your H0nors from the 2d volume oil Plsintfs
old evidence 7l2 Exhibit B-the testimony OF Horace
Cuer snd what shall first read is letter from Horace
I'll Day to Horace Cutler, dated New .Brunswck Dec B.
1892 addressed to Horace Cutler, IN Springfield Mas
saclusetta
EXHIBIT b.
EEw-BsuxswIcE Dec. Sd, 1872
DEAR SIR: Your favor of 18th Nov. came to hand ts
morning and would have been answered by first return
mor IS requested had not my time been 80 mperavey
occupied es to prevent my giving it careful pensai IN