New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-09-18

! Mr.
vitne,sss and also numerous letters and doca-
n.nts BON the point lsst suggested DE then Poee.
submit 10 the Court this evidence taxing ne 80,
b,ys nrs.n,d IL that IS between Goodyear sod Hay
ward he latter and DOT the former, vi" the inventor
hearr prset. h'h9asa y p' as - sSs ssTs
cate in Bi5 that GoodS ear, snd not himself was ,ae Is
suthor. Wa there evsrs more suspicious enea;' ~.
than this certificate Ia IL not remarkable ncdenh tn.
Goodyssr 1913 vho pretendes 10 have jus, peree ca
ysnion alta me whea he pretete % tbs. no person os
hnpfvas experiment. ing with siew 20 res iI
that he should have gns TO Hs wNd Who vas thsn Ia ns
en- poy to get him TO certify To bis character Is an insen1Ss
a. b tween themseves bow much d:d thaI oeruIeAls
cost What was The consideration Paid for the purpose OF
.xtra,tips from Hayward this psaerl Why, as q
.,S r,,sse,S srs separate and distinct sgr.smsnt
al between the same parties, aSd 81 gea1ns as
a sde over arc rsns'erd TO HAYWARD the moss valesoe
ard .uportant branches Of this manus: pay
him iu sdditic considerable Of money ana sesuIns
r. sroseI pstrumsnt We have shown taking the whole
rsrssciOn ugether that II was sceItlheHe Ooes ,ss
very highest price thst Goodyear was soe - the
merit and TIE honor Of the authorship ~ ths nv -
GOODYEAR The fact IS beyond al sort OF queso' 81.
bhtd By proofs not In the essi dependent upon tue ZIP
pely meuciss II men, nor be varied by the easnges OF
interest which apt 20 make men 0oe tniog 70 cav %
another ouorroz II resu the iocOntessoe evushee
~ wItsp documentary evidence What could have been
the olive reason for paying eXotoltantS and
il a. have cost sxpence especially when Hayward was his
hiend, srd In bis employ Hsywsrds price eht,aNe-
can't and that price pad VII II not satisfy mo Court
a there knowie6gs on the part OF both thee men
that it Was worth money. sne required money 90 Itns
,sa aufhC
irs,Anee between them Of selling out inveatlons Toa
vars FIRST appearance upon the stage was g, the puchssr
Of Fayw ards sh 70 Tie a'ensSn %a .h, n stter
Nj Goodyear detained by purchase ara oy puIc O5
end ihus appears as tn. Patentes Wa :.
hs il. desrar he took the rubber goods threw tnsm On
lie srourd aud confessed his INABILITY to accompn aus oo
sct Mr Beers was finally hired by GoodNea' sn L " -
through his ingenuity that the Of success IN the spp
cation of dry hest gradually ra.er .,,. Of ..s,n, 10
cr rpbber Goodyear immediately went to fou to pur-
c.,e his right aud requested MIR GAb,t 10 onan paeu'
fcr ths iup ON. nent This plan defeated smp o.
~, bea xs. prior DISC Sery the thing In Eng
land As Tar s. able to Judge such IL the STATE .. t
re But II sssn, a mi. violence 60 dSear entitled
70 The merit OF discov-rer why, only say MS ue
comes in : most questionable shspe - .,,.. os
Tn y, N nouo,itiou thst subm ~, that the patent OF
1910 a. il embraces the process Of curing By hest OF
,ry kind is void because prrr to the Issuing OF se
onginsl patent and eay as the .s' =, Snos. gro
cock Tor G. npouuding sulphur and ru0oer ana ot
diem by various applications Of heat' and among them "
''i Ii. published in January lsa in the
| RetsitCry OF Patent Inventions, vol V.P or lpS
m, American public thus became possessed Oh me raven
ton ard il was too late for Goodyear even he hsf ben
81 inventor surrender his old patent 500 o,ssh
covering the Improvements already Puol'ueu " '" ''
This Dirt was decided in ss,ten " HasgeTt IN lS5l
nv nm,farcs Gc6dyesrs patent OF sli for the triple
npoure might not TO that extent hsvri been auee,sa y
V.,rocl psteni but when he extended MS cia ny mo
nS otlstg he embraced the curiog OF sulphul
.s ubcer by heat and thi, beyond sill question eoTsesd
~ "a published ia the scientific journal before referred 70
Ire case this point stands thus In ott Syea'
patent tor the triple compound, ana IN eomona
un 9th that triple compound the exposing OF II % N.Y.
decree Of heat IL l84j published the de'cr
sneocA invention, by vheh ne claimed the treaos Q,
II,r ard sulphur either slone combustion with any
ubssnce, by exoosng the rubber aud sulphur, or the
ruber alone the &C ion e. heat 90 az II rcduce 'hem
~ cbsrrs ron the r1bp4r conbiue5 with So phur.
The conclusive fact exists tNat while the grant 10
Ic5 ire ppbIic upon this C. nnent of England b.
e,n emitted to apply rubbei aud sulphur 50 - to
CONGO ar that Goodyear had IN fact 1913, made the
same cry end he'd Intentionally or otherwise omitted
TO describe it in his specification ard claims Iese ittuy
.ult hist, after 84F could dispacs the rights OF
the community what had been impartcdby others to
the world by eancelne his original patent, sSns olt
srsut in s4a covering the application OF neat TO rubber
either al, ne or TO rubber ured with sulphur ant In
To- late ara could neither recall or de- The community
OF st which had already become night vested Ia ana a.
here his Honor, Judge Grier, instanced
css before Judge Kane in Philadelphia, where this point
| al ,udseoD =
Perhaps the Court refers to the case of
B,sn vs. Hssgert heard before your Homer snd Judge
Judge GRIER-It was before Judge Kane.
IL may be said on the other side, that an
inference dsducbe from the da'e OF this ianeoss patent
tbt had surrepttou'ly obtaiued the dcoverJ
foln OoodyeN Assuming, for the purpose OF argument
merely that Hancock had frsuduenty obtained secret
knowledge Of Il Improvement and with snent 70 ePpo-
afr 10 himse beoe OF the dt0yery took ont this
parpt in Engsndl still submit that by tie publication OF
he iupIOy 10 scientific Journal the moment IL was
cnnucaied 20 the puJc, all night to subsequent pseen'
impossible to admit the principle ti5 against the
wei ,ettieo principle allow ttat the claimant may oy
tracing author Of the publ snd fastening upon nin
auo breach Of ttb be reinvestsd with title TO an ex
TigLt Ii /, his misfortune and he might under some
cIouusHLces possibly have aIemedy against autnor o.
the but as esainst the pubic VINO are not pG's
re nsist ihst hetbsr Mr. Hancock the aud orig
ua inventor whether no obtained his knowledge suuep
tously from Goodyear his friends from other parties
m TINS country Who Ike Patt Collins aud others
r..Fus ,rfs fenpA ft-rpN 80
~ho inyeLsa new mache Or sny o.heI patent ioe sub
j-cths delays applying to he Patent Ohiee ard connd
iieans hs nVentl3n 10 the public does - at his peril
The Court will fad among the exhibits several other let
pa 10 others for the application OF heat to the cure
rubber IN cOmblnstOn WIN sulphur and several sTcc
Ne have put 10 evidence letters patent ssued to Tyer
Helm on the 7h August 5 several months Pnor 10 TN
Isent rsissued TO Tie paluh 10 1897 Tor cuuns com
tould OF ruobsr and 1uc By exposing TO high degree
hest also lttters patent sued to Mr. Day m October 1894
for the anuiacluIs Of SHRED goods also lester. patent
James Bogad sppesnng To shirred GOODS asj aooe
patent him IN reference 10 the goods aso Paten
70 James Comsock also patent TO Chsres Giloert,
tie ting patented this last mentioned gren' involve
curing ~ he Use Of steam az estly as 8i7
Tho ext point that take is that the compainan as
sh 10 maintain this suit because ior to It's cOmmsnc,
uu had and s)d Transferred aud assigned
others ms Interest III tn: aas vi any damages 10 be reoo'
eed assirs' iniringers Of tue patent,
The evidence ihows that Ooodye had conveyed away
rights the svas Of any action By e>cnal conveyance
pflor ns IT lis bill and therefore, he csunO'
ain that Hr Day has infu upon Ms right, in odsE
that matter somewhat more dl tla; we have reerre
the printed p0nis 20 EXHIBITS and 9th doc ns1s''s
f1Be trc lacss-roI Instance one OF SC lLpIt lch
II ehows that ls Mir Dorr purchased iTgs ntofes.
the supposed inventions, Tor which b. pad Go dye
It $500 a-d IL ADDITION gave bond for $4,000 and io(
% from GOODYEAR Instrument OF an exemsly cOmphca
e character by which, as construe H. be 10 70
y nom the la consideration Of $40 whenever
d nom the licensees and Other pates working under the
p ard VI this Of $4,000 Is rebur7sd, hs enttl
10 10 On hall Of al profits the nyeutios sad ass
10 on. half of ell rights then existing 10 exit and
pre- vision appears to haze granted 70 Mr. DO
an egsai undivided quarter al rishts existing eX
~ now be known, aud IN Ell existing OF ioti5e inv'
ttl 4, Or improve meIts TO be made BY Goodyear.
o Judge GkIER-''l it in tho shape
y m9rgssel couldn't understand il from yshst few OBJ.
~ vasons hsYe been able to take ciit)
"a Here Mr.. DoRR explained the instr
~ raent.
Is Itmay very well be, and, indeed, since N
IL DORIS IsArl think It most likely that DO not und