New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-08-23

ccpf snsees snd j; WA ~ do1b,fal cons,rl ~ n
Vt So csss would be IN pont Bat there IL NJ saei
rsh - q,tu Ne must sn0 our bl. thes say W
"a case IN tie t'urt # W. ~ ae H. b
fnol'- .i3 have had 10 s-t Aside license Ta-y
.sS,s have seowed II ara nave hi'dlt Now Va have
tt.~s ei.f;act cesr case wi 80 Will W. fnd one We
20 .ac.r case admitted ~ 10 tn tins Of thoss
sss they shoe no lc-nss ~ aIgunsnt or trust that
vs. sdogted or acted under nv tbs other parties
move point 10 relation 70 tDsse contract and
~, instead of leaving out thu las: one. the frs.
Us' ". h. IN ont upon fair and legal construct on If
rscsrs Now do not thitk the Court would under
xa 80 upO that question in very critical
.. Tr-,pos- Of sa-ng whether il should graz ten
i 30 i,iui cion Orno Perhtps he would not. Ba.
k that in the coDsrucion II these papers the Court
So ssnse ali these matters fj- the purpose Of seeing
- es,sr lisbis &C the psre. and then will 10 tbs
80 oae.oo ofths licenses claimed by these defend
~ al TIE being ia the comp %Dant Bu' Sir under
$50 ,le ,ne bsanc hevs cited no authOrtes-tht
go contract made referring . an old one, between
~ .sre RATES ard embracing AMI extending the entire
Isr se7 Of the old contract operates 10 law 10
lad ,rLul The fret contract. and the only
rsrd,, AID il the last cOntrac. only costains POI
ION Of lie FRS AID sters that potion, tbeo they
No be Construed together as a whole. Assuming. as
4 DO thsi Jgdscn had All the rights about this con
,,,e. 4. be was a party alone, the others had no
,gbt. sml rsced in H. He bad right ~ mike what
,. he thOse ilcf pendent OF them NOT II you will look
s,ts. fret contract and the last you will od eysry ssge
matter th- last that H IN Tho rst Fac entire suosot It
Ter was covered and determined ths last and extended
Ctpssqu.lty you will find that tbs - is legally sDd BY
peces.iJ trIuied stands tIs last Thsn really
sios II gt must be up On this last
uac, b.; whether an or not II you con,r1s the To-
eeher that ia clsuss IN the last contract Is controlling as
10 ibI sn esonhe li1ee OF tbs year iicen.ees
ard Tie Ihs When they would or c)ud have dep sning
cpcr C.rfsn Ofditi rs
have given al the ideas have Il give upon the
psuCcon Of these papers and the pJsOn Of this
have simply few words in yepy 70 thing, that
y, 70 fac ty TIE gentlemen the Other lids think If
ycuT Honor ace, that 10 the vie Us ave tsse % ths
ose IL relation 70 the c2ns'Iucon OF thee papers ipd IN,
evidences upon them that consrucon runs 30 much
Ce ard clear Of the law authorities AMI srgu nen, If ny
trCittr Irac!ey, who opsned on the part OF thu de-
fnse, thst il Is rot Necessary for to advert TO
anything that he placed IN ths c@a by way #
ar.umtLt IN rely, except 50 fsf a. Il 10 replied %
by the pO,fiois I have already taken. ! 90 no.
10 say that his arguments not woih reply but
that my positions are complete aud perfect reply . his
authorities and Arguments. Ills Arguments upon ths
t@e IS be assumed It, and his authorities also they
rot upon the case ~ il eXis.s BIT we have had fey
things IN hs o"e-I Dc not know whether they 20 b.
called precisely flourish Of trump-s or legal srgu meats
-sone illustrations and some p'ins enforced and dEet
upon and epeated with great deal of uncOn and energy
by NY brother Aes and with tone that certainly mds
feel that there something more than the we tther
thaimste him Ierealyf fell have no dolb' what ne
was saying But that has very le to DO with the legi,
mate character of the case Your Honor need no. b. told
at Couis Influenced by such things and that
he longer their experience the better they kno8 COun
pei ala avs understand IT. siil from dere to talk, per
hsps council very apt 10 put in such appeals to tbs
symps.tes when they think they can produce result
however little that result may be heneet gentleman bs
gins hs argument with long speech 1.-TWO hours ha1
d;.nu,. ,ih gentleman mon nj, rcn, ho msiot1i'InE
that Vas An hour sndhree quners upon the eus;'S q
the injuotiion which ur Honor WAS gong TO gram
upon This Gaze, would have upon Doctor hais N lou
we're td in mon,irOus logic, but beautiful Tn7'?ne'
At the Doctor had bsen increasing his factories sinc.
$50 and the amount of his machnsry that he wa, 0ns OF
the largest manufacturers II INDIA rubber IN ms country
and tho you gr snted this iei locon II would ruin him
utterly and that NJ and his poor associates the
would 20 utter destruction and you begged not TO
grant IT, TO be he had the mcdey to you that he
Supposed Of ccurse f you saw good ground you would
it but still Le begged yos would not because goad
make this terrible rain NOW seems to me u would have
been quite as modest fJr him 20 nave sad that no mater
what would ensue, you would not az IN nsr OF law
and common Justice, grant an nldncuon unless the com
plainsnt entitled tor upon bis case mat We" oil 1t
wou rendered unnecessary bis whole two hours eN
oTdun ana might tsy persOLat0D, for he did end bs
speech ia the sane staiu After advancing doctrine As
TO whn the Court Of Chancery would or would cot grant
a preliminary Injunction wkch % never before
head Il IA any Cour--aft'r turning round AMI n
sstng that injunction should not bs granted
in his case in contradiction T. every case t1N
be er,d aud TAXED shout the case in The
81 Of Story the two cases ia Webster on pieo. cases
sId the ,s-ts IA Ednn-at eT attempting 70 break down
those Auhos aud going 10 tbs very vit. OF every in
AZ been granted 10 ue. 4 seemed 10 me that
/ ESQ !, into entirely new amp3ohere kns~ tAat
New poii was place famed i1r e'uhid "tmosphsFe'
but turI"seo u had the same legal atmosphere that WAS
70 be- lou. el.ewhre AID that common law and equity
prevai'sd Bat after htsrug TIE gentlemen tax a0>u
v hat IT, law of iruucon NGs aad hearing them read
Idon With fo much uuotOn and hearing them harp upon
II 80 long aid could not help thlnkng Il h w The N,w
Yok ma Nv Jersey Judges l)ged OFT thai ctrinA,
II, men were never m0dtt ~ II suggest tor M
m, M What is eGs Ct OF might be- upon my chs1t d.
not believe hen they ct an nlis cti' on my client IN
New OK that they ever thought OF tho uaer ru1 aa
wOud ia upon him This Is nsw doctrine Ia crnir ads
tnoton the Jaw AS il s never heard Il IN any Court
until heard il from brother Anes here Ihe true doctrine
ia perfectly Cegry stated in Eion and borne out by all
thort,s | quo,e from TIE authority already cited
"Ith he's becOm tbs established practice Nc
There is lesdg aud has bsen sung in the ears
of tie council OF Day by these india rubber folks, om
ls4s to -3 aud has been sustained by all the Courts
over the nsth aud breadth Of the land and here my
brother Ames for The first time attacks tho doctrine
take il viii have very little effect IN this Court Take
preci IN ~ have It from the book and apply Il to
consiotr the irrepgrAb'e iiurywhehr the tender m-r
cies which are begged IN behalf Of Hsrtshorn Co. IN
view Of the utter destruction nat I" come up IN tnem
are to govern this Court in deciding whether ogran m in
iancion
But the gentleman forgot another part Of the case.
He forgot, when he begging for his clients, TO
be the Effect if you did not grant the Injunction. He
forgot 90 tell you that Hsrtshorn had already peck
eed si5OpOO to 100000 made out Of this patent
and that each of the Hsywsrds had made similar
lie forgot to inform you that my client the inventor lad
never received bat the pul hundred dollars eNospt
the little which Judson had paid him, which did not
come the business which had ton With the
business whatever and which has been rendered back t.
Judson Then have one side amsn who has enjoyed
this monopoly for fourteen years for their exclusive
benefit for he has been all the time censee of bod
year since he purchased the license and as long
he has been connected with this cOnfederacy Hs has
ioyed monopoly with them he - enjoyed all tn rights
under 1t he has made fortune by IT. besides extrays
sn living while the inventor Chatee has been hooker
Cd. having been reduced 10 the necessity of absrnS
dollar 10 support his family lie REQ Iired 10 bs
lOokey SthOut collar prom Tor H. and whsn he comes
inio cou and says show my clear right, sni oslm
under these " o for the first have pa in
poke then equiues my tqUis l appeal 10 tue
court tia should be projected and that strong baud
shOn be laid upon these nirnSers to make them stop