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


tioh Of the judgment Of its judicial tribunals
There is known TO the law the crime OF conspiracy
and should be glad to DO told who are those men
he expects to conspire with him. Where does ne
expect to find theml If he or they cOntrive con-
certed conspiracy and combination, to defeat the
judgment Of this tribunal, and set at naught, and
make q mockery Of its process of injunction we
shall see who his confederates are and he and they
will learn, when that time comes, If it ever should
come, what the statute law Of the United states
and the power of this Court are in such cases.
He says be has been engaged in the rubber Dusi-
ness since 1928, Sc. (Reads.)
And this defendant further answering says that no has
beensngaged India rubber business since the year
1920 that he still pursues the same That ne was 70
engaged in 1t long before said Goodyear had any
Quantance with the rubber business or It's manufacture
Now, the truth is he had no connection with the
India rubber business until 1888
VIM. G.. Lufbury says:-" he worked FOR Day in
1897 and Day then manufacturing leather
boots and Shoes and he says he hardly thinks that
Day knew how to dissolve India rubber at that time
to manufacture India rubber in any way was in
1887 or 1885, and the extent of Days knowledge
of the business at that time may be gained from the
testimony Of this witness, at page 5S:-
CUES. 23-Describe the first machine Day used!
Ans.-Thcre two wooden cylinders used grind
ing the gum, but they did not answer the purpose
Ques 24-What power was applied to these wooden
Ans.-we used hand power
There is also Mr.. Long, who worked for Day in
1885, and who ewears that Day then only made
u
late as 1896, he had nothing to do with the rubber
business, in any sensible view of that phrase, and
Day only gets rid of that phrase by IN attempt to
prove that he made some little experiments ten
years BEFORE when youth Of fourteen years of age
He commenced the rubber business in 1898 That
u proved by his advertisement of January 3lst,
1888, which is us follows:--
"Bocrs SHOES. CAPS. HATS &C.
$4,000 pairs Of ladies' and children's shoes together
with general assortment of goods in the line Of his business
for sale cheap As intend engaging principally the rubber
6,fSiue q
sent business as soon as possible "H0RACE II, DAY.
New Brunswick, January 81, 1888"
This shows he was not then engaged in any de
partment Of the rubber business.
There is another affirmation in the answer, Of
very considerable Importance
The defendant further answering says that while he
industriously pursuing his said trade and business
that sad Goodyear. with certain persons conederaed
with him, were endeayorng by unfair and unjust means
to obtain control to the exclusion Of others OF the whole
-abber business There is his bond Who these
ssnfederates? Ecce homo The man. The man! the old
est among them was Horace H. Day. He Of
those coniederates he contributed his money to the
Combination" There is his agreement, proved by Gil
bert and Dorr his witnesses He subscribed his $50
confederate and he took note for it. hoping to live
10 good old expecting that he of the stock Of
Methusaeh Yes, he took note for that sum- payable
one hundred years after date
There is now one other important subject to which
! shall address few observations, and bring these
remarks to close. He says in his answer
And this defendant denies that he first applied to
said complainant to settle his said suits that pro-
posed to acknowledge the validity Of said patents any
Of them and to the said complainant for damages
settlement Of said suits the of five thousand dollars
stated in said bill and he says that the in
said bill in relation thereto is untrue and he denies that
said complainant ready DESTROYS to try any of his
suits against this defendant in the fan ST eighteen hun
ared and forty-six.a
The testimony of Mr.. Bishop was here read, and
the following exhibits
EXHIBIT T. Nos
Confidential.
DEAR SR-I have had two interviews with Mr. Bishop
snes the other negotiation was broken off, and think
The principle thing that divides is, asks
$4,000 and the other says difference of five thou
ne enjoyment Of monopoly With the strong feelings Of
both sides it is difficult to negotiate but ask you to
and try to bring this thing to close cannot but fear
that shall again get a compromise
now and tits my most deliberate advice to you to save
while you may, Judson will damn beyond retrieve
Respectfully KAYE II BAY.
Boston do trust that the matters between us will be
done tomorrow. In haste, Y; Q: st:
The matter may be closed tomorrow, Pm, which is
the latest moment.
Dee. q, 1846.
The application of the evidence which has just
been read to the Court requires little explanation
The point is that he did not urge solicit settle
ment with Mr.. Goodyear-that it was result
forced upon him. Now, when Mr.. Brady opened
this and made such road through it, that the
wayfaring traveller might not therein, con-
fess in this part of the case, thought he had got
into fog, and much surprised as should
DO in July, with the thermometer at 80 deg, to be
surrounded in a dense mist. And the reason
thought so is that these various letters from Mr..
Day, beseeching and importuning the settlement,
are all dated after the nominal date of the settle
ment, and could not comprehend Mr.. Brady's po-
sition because had not sufficiently made myself
master of the record. The fault was mine, as will
now explain.
Your honors know these bonds and obligations
were entered into and signed on the 18th October
and the 9th November, 1876 Well, all these papers
and letters which have been read by my friend,
bear date after that; and so it appeared to me they
could not possibly bear such construction as to
show Mr.. Days earnestness and importantly to &C
eomplish this settlement. But fell into that
from the want of a correct knowledge Of what the
record is. The truth is, that these several agree
ments, signed and executed 10Th October and 9th
November, 1876, were left as an escrow, in the
hands of Mr.. Van Wrinkle, to be delivered to the
parties respectively, when the assent of the licensees
holding these outstanding licenses should be OBJ
tanned, to abandoning these licenses. Your Honors
have heard how difficult it was to accomplish this
arrangement. Your Honors remember that Mr. Day
wished it all done Immediately. Then the first
Of February was proposed then the first of Janu-
airy was proposed, and the latter proposition, that
they should all cease from the first of January,
agreed to. Then, on the 9Th day of December,
date posteror to these letters of importantly of Mr.
Day, the business was closed, and the agreements
held by Mr.. Van Wrinkle were given to the parties.
Your hpnors will find that in the testimony of Mr..
Van Wrinkle, vol. ii of the defendants testimony,
page PSI, Mr. Van Wrinkle says:-
4 produce the originals Of all the agreements in
eluding the prepared for the Patent Office; sub
scribing witness for all Of them witnessed the execu-
on Of all of them by the parties thereto all OF them
have remained in possession in escrow until the 9Th
of December 1896 when, by mutual agreement of the
parties they delivered.
SO that the importantly of Mr.. Day to have these
agreements contaminated is proved by those letters
Of his and the rest of the testimony; because the
agreement was not contaminated, though the con-
tract written, until the 9th of December 1916,
which is pOstercr to all these proofs of importantly
call your honors attention to one further aver
ment in this answer
Breads it)
; THAT said Goodyear said, the only way he could
make arrangement would be by this defendant select
ing certain articles and combining himself to those and he
Gcody guarantyng to this defendant was willing 80
Ia do being guaranteed and said Goodyear