Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1854-06-03
TO THE EDITORS.
WASHINGTON, MAY 81, 1854.

WASHINGTON, MAY 81, 1854.
GENTLEMEN: 1t is to prevent g misleading the public
that feel called to say word in reply to the state
ment found in the National Inteligencer yesterday
the signature of "a. II. GILLET one Of Seymour and
Morgans COUNSEL" which, whether intended or not is
papabe Misrepresentation Of the opinion of the Court
read by Mr. Justice GREER which opinion he says did
go into all The questions Of lac raised the trial beloW,
where only claim in of Mr.. McConMIcKs patents
was involved How can this statement be reconciied
with the following extract from said opinion from the
Sentinel of the GSth
"Numerous exceptions were taken by defendants in the
trial. and various Instructions contained in
charge of the Court Most OF those involve no general
important legal principle and would not be understood
without prox statements with regard to the facts OF the case
the structure Of the peculiar machines To notice them
al would be both tedious and Improbable We deem
sufficient therefore say that the defendants have tued
support heir exceptions the rulings Of the Court eon-
cernng the testimony and that the charge Of the tedred Judge
Is an able correct exposition thc applicable 10
case with the exception of the points which we propose
examine, and which contained in the following
portion Of the charge"
The points last referred (as above) relate to the
rulings of the Court the question of damages only So
that all other Questions of raised on the trial be-
low must be embraced in the decision OF Mr. Justice
Grier Now, as to one claim only being involved, Mr.
Get knows, s that the other claim In the patent was
simply for arrangement incidental to the introduction
of the in the suit and, second he oes that it was
only competent for defendants to the nvalid
y of the patent but that they did spare effort TO
prove the patent Void" by all the facts submitted 10
jury" that they could command when said jury did,
ton Of the law applicable to the case, find verdict
for the plaintiff with damages, seventeen exceptions alto
gether having been taken in the by Mr. Gilet So
that in this jury having "passed upon the
questions of fact" and the "Supreme Court" upon the
lato applied the case the validity of this patent is as
well settled of law make it; while the
object Of Mr. Gille would to be further to encour
piracies upon my patents, the inrngers OF which
then pleading the trial. in this case that they were
advised and verify thought somebody else had invented
the thing And the law regulating the measure OF
and the rule by which ascertain the damages IN such
seems not heretofore have been clearly dened n
may not be amiss for Mr. Gille well as the public,
further consider that this question oil damages the
Court were lust as equally divided In opinion as the
case admitted of and that his opinion to the contrary
from his knowledge OF the facts which
are susceptible Of proof" ~ " have no doubt there wii
on all others If he will but take on the next trial
below 10 hare his citnetss hand and thus not
compel me to go 10 trial but instead Of two pa
i tents or sx5,rit 10 a continuance Of the case.
And last Mr. Gillet also knows that the trial of hs
case is not in any way affected by the reissue which
was only designed to make the clear in its ap-
nlication TO tie second edition of the nrngements of his
clients-no doubt with his adyice-uader Uhich they
nor erjojnsd.
Finally therefore submit for the sober second thought
Of Mr. Gillet whether from the present standing Of this
matter il does come from him with bad grace to pro-
claim to the public that my patents either utterly
void" or Of doubtful validity, which regard as foul
SANDER whether he has not already about heavy re-
sponsbity upon his shoulders broad they admitted
ly are as any prudent should voluntarily UNDER
take and whether moreover, it should enter into any
part of his calculation to attract attention to HIMSELF
there is not danger that his repeated procamaons and
representations as to my patents being "yold ana ms
failures, often undertaken to make them SO, may
not in that view Of the FIX upon himself the title Ok
a fals. prophs,s c. H. MCCORMICK.