New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-07-03

After Mr.. BEaJy had concluded:
Mr.. CHoATE sale lt has been though
due, may Il please your |, nors, 10 the kI own IN
Esg, ments arc plObaie wishes of the Court, that
the counsel TOR the d, ftndiDt should arrange a.
far may be. distribution between their general
iOpcE OF arr ument, TO the end that II practicable
they may AVOID anticipating and repeating
other. Under that aTTHn cement, IL will not de.
vOlye on to address myself, at least IN any de-
aree of detail. TO the numerous aud apparently
very fiicut questions concerning rhe originality
DoV,lty, and priority OF he plaintiff patents. in-
yClyIng a COLLATION. OF the testimony OF witnesses
and of masses and classes of witnesses, discus
sion of credbiIlties and probabilities and an At
tempt 10 adjust contradictions, that the Court WILL
think at last. find rrec0ncilahP, and the argu-
m,It that has lust been closed, and To which
have listened, much TO our instruction. for the
lsst two or three days, has been manly directed.
That Cuty Of the defendants COUNSEL will he per-
formed by nv learned and able assO :latr, whose
familiarity with al the iacrs OF the cast, 10 go no
further will be found. trust, cmnently qualified
for the discharge of thar Jury. Ii i assigned To
ne only to open, hrit l', and coOly, and ten
peratry some matter of law. and most respec--
fully but most earnestly, 10 submit on behalf Of
my client, chat in the aspect OF tins case this bill
lie DISMISSED; that he has a sacred, and, standing
as he now does highly appreciated rght, that
the plant be- required 10 establish every part of
his claim by the verdict of jury, under the direc-
ton of a count of law. This my part at the task,
which is Bow Ia be attempted TO he performed
will not deny that with my client sitting teure me,
il the Court please, thu 1t would have afforded me-
in different state OF health, and under other cir
cunstBuces no IncOnsd, ruble qualification If
could have INDUCED in word or two of reply TO
that long and bitter series OF sneers and sarcasms
with which my learned friend on the other side
attacked the claims and character OF my client
He himself, seems TO be hardly aware how he has
pursued Mr. Day where OF and whatsoever he
has presented himself or has been presented by
the testimony, as SCI h OF a. finder IN this de-
partment OF the useful arts. All that, however,
may IT please your hunOfs, | have to leave, and
with great pleasure, III referring To M associate
counsel, may be permitted Ia say, that the best
rtp, TO the opening argument on 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 10 this record and part of
which land that by tar the arger remains untaken,
because Mr.. Day advised hy his counsel that
the merits of this cause would not he finally con-
sldeIed and de ided in this case- say the best
ply to the commentary of my learned friend will
be found, believe, IN thar examination at all the
evidence by which Mr. Da> : prefenslOn~, as an
inventor IN this department OF art, should b. yDdl
Gated hImly and tsolurely by my associate cOun-
sci. take my leave of II, say ing only that have
seen nothing III it bear Nc on Mr. Day, from the
eImDg-nOthing in the precOclOus inventive
ness OF childhood at tOuueen-nothng IN that lit
tie experimental portable iurnace-nothng IN the
maturtr business life personal character ot a
man. now come to the middle age at lie thdt
warrants SANDER in court OF out OF count, or even
an unifitnGl commentary. see nothing III that
evidence but the story OF II man-perhups of a rate
OF talent, of force of WILL and of character a good
d, al above the average, and OF generosity large,
and an integrity untouched, whose attention
was directed, by II mere accdent-as happens IN
the whole history OF nytnuOn-tO this pa tlcular
VINO has .ubse uently given his youth and man
hOOC-a iOrtubr-man' thoughts and many hopes
10 the realization and importance Ot that line of
inquiry, and Of HON | I'm sure 1t is not eXtraya-
gait iOr me 10 say tfat We should have, all % Us,
from any thing ana every thing anticipated, priOTi
that he at least likely to lay ms hand upon
Tins golden Key as any of those VINO have been so
long and 20 earnestly III search of l.. | take my
lehNe of IT, may it please YOUR honOrs, and of all
this part OF the cast, ard csmmt MN To far
aber defense, If defense he needs We have the
honor IL give the Court Il very early notice, and |
do not by ANY means say that II would be the sole
ground of resistance to the prayer of this bull in
this case, TINT the plaintiff has strangely neglected
10 try to establish hs title at law and that, for
the reason that he has neglected to do, accord
ing TO the settled course of thls Court he IL en-
titled to no INJUNCTION ut all. Certainly, may it
please your b. Dors, appreciate the urgent desire
OF this Court to termn ale such II controversy as
TINS. believe am speaking very eelngly tor
ny associates and ceItuIn, tor my client, when |
express my entire concurrence III rms desire of
yOur hOnOs and hope tie Court will allow nie to
have q e honor (wIth the respect hey know en-
teItain for them) OF adding THAT there rs an object
even higher ana wOTtbIeT than 10 terminate this
controversy aud that ls, 70 10 conduct It and SO
to close IT, that every mans rights shhl be found
by him 10 have been +, cured according to the que
course OF aw-tO az ceI tam aud secure his rights
acCOTClng to Il due course OF law. For tins /. IL,
a. have heard, thai courts are constructed, aud
justice judicIally administered. H. Therefore, It
tuIns uLt that that die ctiOn which We must earn
esty crave this case may take, should ttIe pro-
Tong a controversy which has been wasting the de-
feI daIt well his antagonist, submit that 1t
: not the fault OF Mr. Day, but of the system of
law under which We live. Has my client been re-
sponslble for the proloDgaton OF this controversy
heretofore pray your honOrs Judgment III say
lpg 10. In lS44 there broke out controversy,
and suits were iDstii uted against ham. That con
tGOversy he settled in good tilth, without mental
Ie.eHatIOn or eqUsOcatIoD, or hypocrisy, intend
ING 10 live anO die by that settlement, upOa my
conscience bell-Ve, and trust we can establish.
OF that settlement Mr.. food, ear by his ass0ci-
atts INTO " hose bands he has suffered himself tn
lie placed, has been deprived OF every particle of
consideration, benefit and advantage, and they !
breaking evtry covenant, beIeavIng him OF every !
particle OF consideration, by which, as man OF
s.Ise or Of seli.Itspect he could have ever been
luouced 10 enter INTO " hat was 10 be done then! |
Should he not have goI back me labUrs of his |
iUimer HE, not only from necessity, but from the
! ~ eIai law Of the nd To those labOrs he went
lack. The plaintiffs brought their actions against |
hln-ho ughf among Others All action VI Oyenaht; /
nbu WHEN that action arrived IN the due order OF |
mai. ny client was reHoy, and he won that cause
ALotltr teton was commenced, and when that
cal sc altu reached its reg ular aud appoint ed time
VI tno NY client war again ready, aud he pltln-
TIN WIS not. He made u thIr1 tiioIt 10 compel
Mr. Day 10 take uIal, month afterward in
the Cncuit OF Massachusetts and Sir. Justice
>pThgue declared that that appilt alton, then and
ltIr, war wholly an Unreasonable one. The re-
-ult was VOsrpOnt meDt of his hearing To this
LAY nj b, re We are, according u our measure.
ttd, au0 wiling 10 meet ms bill 10 ch4ncrry /
lOt Only accord ng To the whole merIts of the
acts but according tn the pine pies upon which