The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-06-26
FORAGE u. Day ADS. CalHLEs G0oOYEiR
United states circuit Cours.


Mr CHoATE said Il has been thought duo. may il
please your honors - The Nuo engag ements and
probable wishes ~ the C0urs, that tie counsel for
The defendant should arrange. Tar II may be, a
distribution between their general tools of argu-
ment. 10 the end thai, Il pra ,'ieable. they may
avoid anticipating aud repeating another.
[ n0er that arrange Denf il Sil not devovc on me
70 address myself, u least ia any degree 81 detail,
t. tho numerous and apparently very difficult ques.
tons ocpoergmg the originality, novelty. aud
priority of tho plaintiff patents, Lyulsing oolia-
ton of tho testimony II witnesses, and ~ masses
ana classos Of witnesses discussion Oh cre0lbui-
ties and probabilities, and an attempt 20 adjust
contradictions that the Court will. think ut last,
find irreooncilable, and The argument that has just
been closed, and 60 which we baye listened. much
10 our instruction, for the last three days,
has been mainly directed That duty of the de-
tcndaDts counsel viii be performed oy my learned
and able associate, whose familiarity with all the
facts Of the case, e 20 farther. viii be found,
trust, emnently qualified fortbe discharge Of that
duty. Ii is assigned 10 only t. open very briefly.
and caolly, ana temporarily. some matter of law,
and most respectfully, but most earnestly, to sub
init, on behalf Of my client that. IN the aspect of
this case this bill be dismissed; that he has a
sacred, ana, standing he does, highly ap-
preciated right, that the plaintiff be required 70
establish every part OF his claim by the verdict Of
jury, under the direction Of court uf law. This il
my part Of the task. which is TO be attempted
to be performed, | will not deny that, with my
client sitting before NE, If the Court please, that IL
would have afforded me, in different state OF
seaith and under other circumstances, no incon-
Siderable qualification if c1uld have INDUCED in
word or two of reply TO that long and bitter series
OF sneers and sarcasus with winch my learned
yTeDd on the other side attacked the claims and
character of my client He, himself, seems to be
hardly aware how he has pursued Dir. Day where
soover and whatsoever he has presented himself.
or has been presented by the testimony, seeker
finder in this dt partuent OF the useful arts
All that, however, may 1t please your honors,
have TO leave and with great pleasure in referring
say. that the best reply to the opening argument
the other side, will be found to be an elaborate
examination and exhibition to this Court of all the
evidence part of which is printed in this record,
and a part Of which (and that by far the larger)
remains untaken because Mr. Day was advised by
his counsel that the merits of this would not
be finally considered and decided in this easel say
the best reply to the commentary OF my learned
friend will be found. believe, in that examn alton
of all the evidence by which Mr.. Days pre-
tensions, as an inventor IN this department
Of art, should be vndieaed firmly and resolutely by
my associate counsel l take my leave of it, say
ing only that have seen nothing in 1t bearing on
Mr. Day, from The begiuning-notning in the pre-
cocious inveDtiyeness OF childhood ut iourteen-no-
thing in that little experimental portable furnace
nothing in the maturer business life or personal
character OF a man. now come TO the middle age OF
lfe-that warrants Islander in court out of court,
or even an unfriendly commentary. ! see nothing
In that evidence but the story OF man-perhaps of
rate Of talent, OF force of Will, and Of character
good deal above TIE average, and of generosity
large, and anintegrity untouched, whose attention
vas directed, by mere accident-as happens in the
whole history of inventioI--to this particular i'm
provement, at a very early period OF his life who
has subsequently given bis youth and Inanhood-a
tortune-many thoughts and many hopes TO the
realization and importance of that line of enquiry,
and of whom am sure it is not extravagant for me
to say that we should have, all of u.s. from anything
and thing antic pated piori, that he was at
least likely to lay his hand upon this golden key
rs airy Of hose who have been so long and so ear
in rob Of / fole laay .,ft
please your honors, and of all this part Of the case
and commit him TO far ADLER defence, If defence
no needs. We have the honor to give the Court
very carly notice, and do not by any means say
that II would be the sole ground of resistance to the
prayer Of this bill in this case that the plaintiff has
strangely neglected to try to establish his title at
law and that, for the reason that he has neglected
to do, according 10 the settled course of this
Court, he is entitled to 10 injunction at all. Ger
tainly, may ii please your honors | appreciate the
urgent desire OF this Court TO terminate such con-
troversy this. believe am speaking very feel
Ingiy for my associates, and certainly Tor my client,
when express my entire concurrence in this desire
OF your hon0rs aud hope the Court will allow me
to have the honor with the respect they know en-
terrain for them of adding that there is object
even higher and worbler than TO terminate this
controversy and that Is, conduct il and to
close it, that every mans rights shall be found by
him TO have been secured according to the dine
course Of law-to ascertain and secure his rights
cording 10 due course OF law For this il is, rs |
have heard, that courts corstruc ted and justice
judcially administered. IT, therefore, it turns out
that that direction. which must earnestly crave
this may take. should little proiong con-
troversy which has been wasting the def ndant as
well as his antagonist. | submit that 1t Is
not the fault Of Mr.. Day, but Of the system
of law under which VIC live. Has my client been
responsible for the prolopgaon OF this controversy
heretofore! ] pray your houors judgment in
saying 20 In ISIS, there broke out a controversy,
and suits were Instituted against him. That con-
troversy be settled in good faith, without mental
to live aDd die by that settlement, upon my
science ] believe, and trust establish. OF
that settlement, MIR. Goodyear by his associates,
into whose hands he has suffered himself to be
placed has been deprived of every particle of con-
sheraton benefit, and advantage, and they break
ing every covenant, bereaviug HIM of every particle
Of consideration, by which, man Of sense or Of
self respect, 10 could have ever been induced to
enter into. What was 10 he done then Should he
not have gone back to the labors OF his former
life not only from necessity. but from the general
law OF the land To those labors he went back
The Plaintiff brought their actions against him
brought among Others an action of covenant; and
when that action arrived in tue due order Of trial.
my client was ready, aud be won that cause. Ano-
mother action was commenced, and when that cause
also reached its regular and appointed time Of trial,
my client was again ready, AID The p0intH was
not. lie made thud effort TO compel Dir. Day to
take trial, month afterwards in the Circuit Of
Massachusetts, and Mr. Justice Sprague declared
that that application. then and there, was wholly
meDt Of this hearing to this day. aud here we are,
according 20 measure, ready and willing 10 meet
this bill in ehancery, not only according TO the
whole merits Of the facs, bat according to the pru-
ciples upon which bil 10 cLancery i to b. tried,
aud will be decided by this honorable Court. VIII,
therefore, say that do think, may il please your
honors, that Mr. Day bas been responsible for no
unnecessary pfotruction Of this controversy aud
that it will be his fault il the direction, which
Justice requires this cause TO take, shall proong
aud protract it little later do not fear that the
mannese Of an American judicature viii regard
Vith the least particle OF Judicial dsfayor any man,
because, standing where Mr.. Day stands. IN litiga
lion for all he j. worth and for ali his hopes, he
earnestly desires that tribunal, which be under
slands to be prescribed and preferred by the law
have still less 10 fear that be will lose suffer
for that right in the slightest degree, because
. newspaper editor, here there, can be
found to have made, in the progress OF this
trial, unguardcd or Incorporate remark.
What right IL WOULD be-what mockery and not
a right-it 1t were held upon such tenure as this !
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