The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-12-06

Skctch Of X. n. Gtilcps Argument In the
| ORicily and Morse Telegraph Case, before
the Supreme Coart, December "a and 27,
1852.
This cause here from the Kentucky circuit, and
involves two questions the validity of Professor Morses
patents, ,and the identity of his inventions with Barnes
and looks Columbian Telegraph, used by OReliy. /
shall not attempt history OF the rise, progress and per
lection OF ielegraphic inventions, because il would not
than the exhibition and lecture proposed the other
side, he found in The record, aid in determining the e
gal questions in the shall not controveft Morsc's
merit as an inventor, while claim that another useful
and IN some respects superior. Improvement has been
made, which O'Relly used. But justice requires TO
state, that without The great development of electro mag
nec power discovered by Professor Henry of This city,
Morse's invention OF applying that power would never
have been made. must also add. hut for the skill and
perseverance OF most valuable class of the ee
graphic operators, fully believe Morses telegraph would
never have been perfected, and made practically
lu IL they have not patents to commemorate the pro-
ducts OF their genius and industry, TO enrich them
selves, they are none the less meri'orons. Their
vices to mankind are not esseaed because their
tons are now imboded in Morse's Teis5ued patents,
swelling his reputation and increasing his wealth.
shall not compare DR.. Jackson's and MoTses claims
TO the invention in 1892, because nothing then
perfected TO be patentabe. Nor is there evidence in
this case 10 show that Morse completed his invention
prior to April sih, 1885, On the 9th of the previous Oc
0ber he hled caveat 10 ente him 10 notice ii another
should apply within year, upon the alleged ground
'lbat the machinery for full practical display Of his
new invention is not yet completed. and he therefore
prays potecton OF his night until he shall have maured
the machinery" Surely, when he mad not maured
chnery display his inventa1 il was not n condition
70 be patentable Hence shall disregard the specua-
tons OF 1882
This suit is brought on Morses patent OF ls40 res sued
10 1916, and again 1913, and on his patent OF 1916
issued IN lss The bl is clearly mulliiarous, for in
Guiding two patents, thereby compcang the trial bat
wedid not raise that objection in pleadngs, and
not now do here, though the has the power to
nlerpose il on its account Morse charges ORiely
with having constructed ard used telegraph in Ken
lucky, violation OF his Morses) patents, by recording
signs and making sounds oRielly denies the infringe
ment, and alleges that his (Morse's) patents invalid
for various causes enumerated in his answer. preim-
mary injunction was granted Subsequently messages
sent and recorded Tennessee and the
gathered IN kentucky by listening to and interpreting the
click made by The armalure when striking against the mag
net or s,ops" For this acoustic offence the operator
arragned for contempt OF court Afterwards OReilss
transmitting station removed from Louisville 10
Jeiersonyie, in Indiana, and messages sent and
received over The wires, which extended Kentucky
These harmless pusalions OF the gavanc current,
passing between Indiana and Tennessee, also deem
ed contempt To prevent future violations of law, and
further dsrespect of judicial proceedings the court by
ITS mandate, directed the marshal OF Kentucky TO take
possession OF the line, and to cut the wires The mar
shal obeyed, and the guolIne applied to the sin
ming wires After the execution The galvanc lghiang
ceased lis sinful conemp,s and Judicial dignity was per-
miiled to epose in the enjoyment OF all the respect t.
which lis action entitled This feat probably, has
not It's parallel in the history Of judicial poceeings De-
capiang the wicked 10 prevent Their committing OF sin
would not 20 far beyond H. While | say this, am
bound TO say that the Judge whose acts crltIcisng
is learned, Fnre, and honest Nine months after
ne execution oil tne wires, on giving good Dali, the
lightning was so lar forgiven lis offences as to
be allowed 10 flash across Kentucky wihou, fear OF the
marshal
The final decree declared Morse's patents VALID and
perpetual injunction during their lives ordered
ORellys telegraph was declared 10 be an Infringement,
and he forbidden TO use it like it, "in the
transmission OF Intelligence. which is in one place TO
another distant place, by making ,hereat permanent
record" or "by making theea with the action OF the
instrument, which would make such characters, alpha
beticli sounds aud out ot them composing such charac
ers" Although alphabetical sounds not named in
Morse's patents. nor a mode OF making using any
sounds, except TO sound alarm bell. Wheatstone
had previously done, still, the operator had heard
sounds and had contrved 10 interpret them, Mofses
Dopoly would not be perfect unless he mooopozei
sounds as well as electromagnetic power Hence the
court, being msled induced 10 restrain ORielly from
doing what was not IN any manner whatever covered by
Mofses original palen's or IN either their frequent aud
mysterious expansions There being no apology in the
patents for this part OF the decree, cannot stand
leave this point and go to the other great questions
The telegraph now used by Morse, and included in
his patents, consists OF the following things:
!. galpanic boery consisting OF zinc and copper
plate united by wire, placed IN cup OF nitric acid
That principally used is Groves's battery, invented in
1882 Others had been long known
2. Metallic conductors OF copper iron wire connect
ed the the zinc and the other to the copper plate OF
the battery, insulated on posts IN the air The use OF
the wires Is old invention. Sleinheil used posts in
1887 In isa3 Morse buried his wire in pipes in the
ground, but on advice by Professor Henry and others,
resored TO the posts.
3. Ths ground circuit The opposite poles of a bat.
terry, here and at Baltimore, connected by wires TO
zinc plates in the ground at both places, and with the
wires the poles in the and thus circuit Is formed,
the earth making part. This use OF the earth was DIS
covered and used by Stenhe in Bavaria 1897. Morse
commenced by using two wires TO make the circuit and
subsequently used the earth The electric current will
not flow from pole oI battery until means pro-
viaed for i,s return 10 the other.
4. a finger key This was used by Amfere IN 1870
Morse a, hrst used sawleeh type, port rule, forked
wire and cup oil mercury TO plunge i in, TO accomplish
the object attained by Amrae in the OF the hnger-
key, which is more simple and convenient
0. The seciro- magnet, which attracts bar OF ron
Surgeon Eng land, contrved in 1875 what called
electro magnet. In 1929 Professor Henry invented
the powerful and practically useful electro magnet now
used Ii consists OF numerous coils ol small isolated
wire, wound around bar OF soft iron IN the form OF
horseshoe. When the galvanic carrent flows from a
battery, collects in these coils, and the iron bar be-
comes mighty magnetic, and attracts soft iron within
s influence. Without this imbodIer of the current
sufficient quantity OF gslvanlsm could not be transmitted
to become effective by attraction. 1t ia the attractive
properties OF this electro magnet when iron which
constitute the electro magnetic power nsed by eleg
Morse did not first discover this power Henry perfected
the mode OF using it, and rendered IL available for which
the world him debt not easily cancelled. Ills
only reward is the exalted reputation II coniers.
This power and the means of creating were public
property before Morses invention. He applied the former
to ielegraphing by adding
g. "A recording apparstm This consists in 80 shaping
the bar of soft iron, Called afmaure which Is at
trac,ed by the electro magnet that when moves to-
ward the electromagnetic one end having point in IT, is
made TO come 10 contact with fet OF paper moved by
clock work. When the galvanIc circuit is closed by
pressing down the finger key, the current collects in the
electro aGne and attracts the bar OF soft iron. or arm
aure, which raises the end containing the point with
such force as TO ndent The paper When the circuit
broken, the gavanc current vanshes from The electro
ma and latter no lpuxer attracts