New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-05-01
oosve,rt Who Ia hei Where is hes

~ " Whit books treat OF hint What man among all
a. men ON earth has him, known him. or named
- yeti certain that discovery mas been made
e.,,,ir that il exists /, il certain that II Is now
- Of common knowledge all over the civiIlzed
-o,ld Il is ceipn that ten or twelve year, ago was
-, tnovcdce Il Is certain that TINS curious resu' us
~, into knowledge by somebody discovery anu IA
sssr,ion. And who is that somebody INC qucs-
49, ,ras ,u, 70 my learned opponent, ny my learned us
sc9i,,c II Charlcs Goodyear did nor make ,.iis
- vybo did make ii Who dill maien! why Il our
s,,l onuopent bad said lie should endeavor 20 prove
A.. :, mo one OH. than Mr. Goodyear had made tnls
Jcovtrv III; would have been very itir itnnS tiie
ksucd Gentleman was very wise III 10io- ~. N
thought often Ia the course OF my pracuce Ia Jaw,
a., II ys not very advisable to lSe spirit tnat one
900 mol conveniently lay scain Now who made ms
Jis,ovcryi And would it not be proper; am sure II
would And would it rot he manly ! am sure "ou'u.
Wo,h not my learned friend and hs cosnJntor u'E5
acted more manly part they had stood up ana Si
a. Ills invention WAS not GOodycars but II was an IN
yen,ion of such and such man, III ths or tat
Or The contrary they DO not NEE, Goodyears ctn oy
setting up distinct claim OF anybody esc lney ~.
seoon; 10 uroye that lie not the inventor Oy 'te
sbre,ds and patches of testimOny. Here hIe on OF
srrlur. and there little parcel OF lead here niue
degree Of heat. re hotter than would warm inAn
hands and ia which man could live Tor ten minutes vi
of an hour; aud yea they never seem 70 come
o.Le wont think it is because their materials dld uo'
allow ;hsm 10 come the manly assertion that some
l,6v else did make this invention giving 10 lna SOME
body local bahitetion end name. we want 10 snow
~ y,,c end the haia,ion and the location OF the
,n mon tie fCe Of this globe who invented vulcan
LED rubber If it be not he who now sits before US.
Wen there are birds which fly ia the sir,seldom lght-
tno but often lowering. Now think his quesnon 70
Ie lowered over 10 be brooded over, and not TO
e desl, with infnitesimsl quantity OF sn Things
4, is csse calling for manly admission and manly de-
fnfe ask again fthorc anybody else IN IN Goodyear
ubo m de this Invention, who Is he Is the clfcovey
40 nj, in at il might have come about by acc1entf IL
i likely 20 work important changes III me aits every
pherel Introduces CUTE afN m0@ta 't'o ne nara"
a. al LgiuU i.sSl
TJASTiC METAL. II is hard like metal, and as elas
nc az pure original gum esstic Why thar Is as greet
ard me montous phenomenon occurring 10 men n inc
rroprcss a their knowledge would be Tor man 70
sboy ,h,t iron ard cold could remon iron and gold
and vet become elastic Ike India Rubber Ii would be
ust such another result Now this TACT cannot De de
MED; it cannot he secreted it cannot be kept Out OF
sight: rcmebcdy ias made TINS nycr t0n. 1nats Ger
f,in Who is her Mr.. Hancock has been referred TO-
Rut he expressly ackno sledges Goodyear to be the
6rst inventor say that there is not in the
world humen being that can stand up, ana say tlat u
Il his invention, except the man who Is sit,g al tn
table The learned counsel may prove that made
NETT ard made part, and c made part, but A. y,
e and d. end all the rest OF the alphabet d claim thls
as their invention. There was ame aalni' w yI
there was disagree merit between Goodyear and Hay
ward and MIR HAYWARD foolish enough TO sec up
some pretences Of his own, but was coon ashamed OF
IT, end his chief merit is that he had the InNness 10
dsclam IT,
saw therefore ct this hour in which have the honor
10 be epeakiog to this Court that there is not man on
the fooistoo who oretends that this IL Ids invention but
onc-net u man. We'll, is that not enough Toe m
yention existscverybody knows and understands It,
and everybody connected i'll former times with the
manufacture Of India Rubber has been astonshed and
surprised at il. There have been many respectable
witnesses in this case and the best and most intelligent
of them saw after having been engaged in attempts in
this MAJ ufactsre for years and yea losing thelr nle
and fortunes they heard OF or imagined sny SUCH
thing as the vucanizaton OF rubber, until Charles
Goodyear invention was made
I firth n
rpen taking the great of evidence before your
Honors and examining it, to prove that Mr. Goodyearis
the inventor. i :.
proof of that fact do say conclusive but do say,
Il L. in the strongest degree pr'ma tdc evidence OF org
nsly The law of the United States, In this respect
stands on different ground from what il did formerly,
and from that in which the British law now stands.
An act of Congress this subject has been passed. es
tablshDg u certain quasi Judiciary power in the Com
missioner and s not now matter OF course that upon
the ayment of thirty dollars you can obtain patent
The invention must be submitted to the new tribunal,
subjected all the knowledge which possesses, added
10 the knowledge of those who usually assist in making
the inquiry as TO the originality Of tie invention and
then the patent only he issued after the preliminary
tribunal has passed IT, and had come to the concu
SIGN that there is nothing in the Patent Office like it nor
In the books Of any other country Ike and that II Is
new and useful. Then, and then only, the patent
be Issued end then must be accompanied by the pat
entee's oath that he is the inventor a requirement.
which probably is not yet cxacted In England we
have court to cit upon every apphcanon ana 20 oe
eide whether that application Is for new and useful M
vention That tribunal passed upon this Invention OF
Goody, are. and found II new and useful patent was
consequt ny award ed, and the dseovtrer Mr. food
veur derived from reward Tor his great iapors
and suterngs during Tie periods OF his TRIALS and eX'
peTimt nts. ,, -
in the world who denies the originality OF TINS inyen-
zion No one cut Of this Court House denies It. KIN wv
lut one within the Court who denies IT, and shall say
with great submission, that there Is not man IA
the world, who should feel more oonnd MT 70 4eny .e
originality Of this invention. 1t is Horace H. Day the
defendant in this case. He deny ii lie deny III iet
there is is bond Fccs signn,R Terms OF coituhey
and complaint, however loaoly uttered and am ooun
TO add, however sClemlly s"on 10, upon tie i"cc "a
his answer do not tear the seal from his bond any more
thsn the Merchant of Venice tears the seal IRON the
bond which he had given t, the Venetian Jew. lhere
1t stands Days name Is there the seal Is there ana
there IL will res until he and all OF us are called Into
sneiher state OF existence say therefore, that ne -
the last in the world who should stand up anu say
." have right To this invention, and TO deny mat II Is
Goodyom's Invention. IL is true | have acknowes ged
il under my hand and seal II is true that have de.
rived very great advantages under IL 1t true took
license under il to make shirred goods and promised
topay out OF every yard three ceets 10 TINS inventor
IL Is true agreed pay him three cents yards, and
now make three dollars yard rom this great inven-
III put into my treasure, thousands and thousands OF
dcsrs by the o the license under this patent an
have re, paid bin the first cent which promised
regulate the contract" Reputation is term which
has been In bad odor for time pasit Is not likely
10 Re in better.
There is mass Of testimony this point, end here
Witnesses suppose entirely respectable, and depo-
sions which have not been kept secret There are the
witnesses Hsskns ard Coolidge. | viii, with your
Horors permission refer 10 the names OF some OF the
Others
Goodyear has been experimenting since 1884. OF
that there be question 1t is proved Ivy Henry
Il. Goodyear, John Haskins and Nelson Goodyear and
great many others your Honors have references 10
their testimony These allow me to say, persons
who watched his progress, many OF them engaged IN
similar employ monis, who noticed his experiments and
their results Notwithstanding all the difficulties he en-
corntersd he went on Ii there reprosch, he bore
It, Ii poverty he suffered updeg q; put he went on
and these people followed him from step TO step, from
1884 TO lse or until later period, when his invention
was completed end then they opened their eyes with
astonsLnoi.t They then that wha; they bad been
trestng with rldiCuc, Was sublime that what thcy hsd
made the subject Of reProsch the exercise of great
Inventive genius that what they had laughed a-:he
perss Of OF talent with great percepnye
faculties, with iodomitsble perseverance and intellect
- a