The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-02-15

OF fact and the evidence only leads but forces me 10
conclusions directly and decidedly contrary, there is
no occasion 10 acknowledge their judgment authority
or yield TO lis Influence.
shall pass directly from the decision TO examine
briefly the facts as the testimony exhibits them. The OPP
ponents claim that they have made full and sufficient
proof OF prior inventions OF the matters claimed by this
patent independent OF the evidence contained In the
ord OF the New Jersey ALSO that Ia that they
clearly established the points by incidental but
liable evidence This testimony combined establishes
conclusivey and beyond any reasonable doubt the prior
OF sulphur AND rubber in the same manner described
in the specifications OF the patent The question here
arises between the learned gentleman and myself wbeth
the inventions proved the same as that described
the patent. In all the Instances the novelty lies in the
of sulphur and rubber That the patented inven
ton The proportions used are IN the patent expressly
unlimited" the exact proportions mol being important"
| now come to tue testimony of NJ Fowler and
commence by saying If he is credited this patent and all
that rests upon must fall TO the ground not excepting
the patent OF 1874 say this, not to turn the attention
OF the Commissioner from the merits OF the case but
would show him why the gentleman deemed 1t proper to
make an attack upon Mr.. Fowler The whole interest
OF the holders of India rubber patents is paalyzed
by his testimoDy-the whole vigor OF this combI-
nation is benumbed n his presence. What can they
do but revilc hum The plan OF attack is certainly
very we'll devised Supplying the poverty OF proofs with
uency OF averment, the counsel charges that Blown and
Clifton both contradict Fowler This is the charge,
and is grave IN It's connexion. We shall how is
supported by The testimony. IL is enough say this
Is easy way to avoid his testimony DO not believe
tina, the counsellor who is to follow will trust himself
to that line OF argument before the Commissioner Mr.
Fowler Is somewhat aged man, born IN 1897 or '9S He
was put upon the stand 10 testify IN this | was
present during his whole examination, and do not be-
heve man OF that age be found in this whole
Try who will speak 80 clearly and concluslvely OF the
facts that took place during the OF 1912 that
Abraham Fowler did before the commissioner in Boston
ask the Commissioner TO 60 through his testimony. and
observe through the cearness OF his memory When
asked by me 10 give account OF his OF sulphur and
rubber ne N answer to our inquiry gave to Us nara
i've IN detail two or three pages IN lenxth OF his inven
ton OF the use OF sulphur with rubber, OF using it upon
cloth, and his process OF heating In the shop AT Salem
He gave clear and lucid account of the whole process
Invented and adopted by hun forty years ago. Mr..
Hayward fresh from his factories, give to-day. Tne
testimony IS before your honor ask nothing for the
statement make. There ia his testimony it's perusa
Will carry complete conviction OF lis truth Aud, may It
please your honor, what is proved asan-tt! Ii were
To Judge IRON the course taken IN the cos-exa Mutation
before the Commissioner, should believe that Mr.. Fow
Ter was to be assaed because all people VINO knew of
his use OF sui phur and rubber dead Is that strange
What is the lot of mortality When was this done ,
Why, was in 1912 tnat the invention was made add
of the events of that day? How many who then
the stage are living at all The learned counsel
made an effort to drprecate the e oil Mr., Fowler
before your HONOR by sneerlngy speaking OF this date
OF The War OF the revol ition " but weigh
against honest, simple, earnest truth. dow many men
Can give history OF their labors forty Years ago, espe
cay when that forty takes them back TO beardess
boyhood. Mr.. Fowler says that he told Mo Clifton, in
1888 or 81, OF his works during the last war. Clifton
sSears tina, he spoke with Fowler at about that date OF
the use OF sulphur and rubber, AMI Fowler told him he
used il at one Browns. where he then at work aud
we are told that Clifton contradicts Mr. Fowler. What
is confirmation of this is contradiction Clifton says he
supposes he was speaking OF something that esembed
patent leather, but he says that Fowler told hun that he
then made cloth OF rubber and sulphur, and wished he
would JOIN him in establishing manufacture there.
Mr.. Brown says he boy that time lIsl2) when
Fowler began 10 work for his brother in Salem that he
recoects distinctly the Of India rubberof seeing it
in the stable in process OF heating OF seeing the shop
m de fro and lie
OF birthstone in the mixing al the time. |
ask the Commissioner how he would prove a circum-
stance which occurred in 1912 How many will
you find 10 come forward and testify accurately TO the
events OF that early period Why, sir, while the exam.
nation OF these Witnesses progress in the city OF
New York the trumpet sounded dlrge IN the streets We
suspended labors look upon the pageanta military
funeral procession Ii was the OF the burial
General Clarke. one OF the officers of the last The
souls in and about New York, every man who fought
al Black Rock Lundys Lane, and other struggles OF the
war How many came at the call! Seventeen tottering
old all that could be gathered from that count
less host TO follow their old commander his resting.
place. And yet the American troops numbered by le-
gons, Fowler aaDes seven people as all VINO knew of
his invention IN 1912, OF whom two survive, proportion
much larger than in the instance have naned Mr.
Brown, who thus couoborates Mr. Fowler, 10 merchant
who has no superior IN this countryone OF the mer-
chant princes in Philadelphia. But gentlemen say that
Fowler shows interest in this business, because he
went TO Philadelphia to see MIR Brown and ascertain the
extent OF his recollection That IS subject for argu
ment They lind hr Fowler IN Philadelphia engaged IN
thus Grand Mr.. Fowler is man as sensitive OF has
honor as any gentleman who can be forced 10 the wit
stand, and whose character unbemished that
OF any man, party or counsel engaged in this He
knowe-ior the best IN the word-lha they bad
been approaching the people IN his village TO assal
his character but that they did not succeed he knew
what efforts would be made IN This and 10 the pro-
,econ OF his honor he goes to Philadelphia 10 see Mr.
Brown. What can we do more than have done TO
show that Mr. Fowler dad invent rubber and sulphur IN
lsl2l Suppose Mr.. Fowler to have told untruth :
there not means OF convcting himl II 1t is IN their
power 10 convict him, they have had ample time 10
where he goes and what he does Would the incidents
related by Clifton and Brown exist il his testimony ia
ialse We say, then, that Fowler used sulphur with
India rubber IN 1912 We say that Soils used It, and
made with the compound coo 500 pairs OF boots IN
1875 and before and produce his deposition 10 that eject
uncontradiced and unsssailed.
We show also that Day used il early 1928, and
continually for ten years before the patent And here -
another subject opened that DO not how can leave
untouched Mr.. DAY calls four or five people from
New Jersey TO New York Zone OF the counsel say this
and the other endorses the ssiemen) knowingly and in.
entonay to induce them 10 commit wIlful perjury"
wish the Commissions look particularly into that
and who he brings for that purpose The oral
and written exhibitions here have exposed the
New Jersey and to some. hope not dsrespectu obser
valon bur cosld not keep pace with the severity of
the gentleman from that Safe. could suppose that
the ermne OF the bench touched by suspicion OF
rupon, or that the judicial character open 10 the
lnputaton OF perjury. And yet Mr. Day. they say, has
the ehoatery to approach Judge Provost, of the
common pleas and induce him 10 come TO New York 10
commit wllfu perjury. When Mr.. Day attacked by
the learned gentleman the other side, could but