The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-05-30
WASHINGTON, May 30, 1854

TO the Editor Of the Union;
1t is prerst misleading The public that feel called
to say word in reply to the statement found in the
Union of yesterday the signature of "a H. Gille
of Seymour and Morgans counsel which, whether In
tended not papable Misrepresentation of the opn-
ion of the read by Mr. Justice Grcr which opinion
he says "dd not go into all The questions Of lac raised
the trial beloV where only claim of Mr. McCo
mcks patents involved" How this statement be
reconced with the following extract from said opinion
from the sentinel of yesterday
Numerous exceptions taken by defendants in the
of the trial and to various instructions contained
in the charge Of the conrt Most of those involve gen
era important legal principle and would not be under
stood without proI statements with regard 10 the facts OF
the and the structure Of the peculiar machines To
notice them in detail would be both tedious and unproh
able We deem IL sufficient therefore TO say that the de
PENDANTS have fd,ted 10 support their ercetoas TO h
rulings Of The court concerning he testimony and that The
charge Of the learned nudge able and posoa
2f ne applicable 10 he case with the exception Of
the points which propose to examine, and which
are contained in the following portion Of the charge
The points last referred to las aboye relate to the rulings
of the court the question of daagcs only that all
other questions of raised the trial below must
embraced in the decision of Mr. Justice Grier Now
claim only being involved, Mr.. Giet knows frs,
that the other claim in the patent simply for
rangement incidental the introduction of the ono the
suit and second he kn.rs that It only competent
for defendants to prove the inyady OF the patent but
that they did spare effort prove the patent roidn by
all the dcts submitted 70 JVry that they could
mand when said jury did upon those Facts and the
sable and correct exposition Of the lac applicable the
case find verdict for the plaintiff with damages-seu-
teen exceptions altogether having been taken in the
by Mr.. Gillet So that in this Jury" having Hpased
upon the questions Of fact and the aSupreme Co upon
the lac applied % He case the validity of this patent
as well settled as course of law make ii; while the
object Of Mr. Gct would 10 be further encourage
pimcics upon my paens--the nfringers of which then
MI tho al In lie fiat bav
advised and verify thought somebody else had invented
the thing And as the law regulating the Of, and
the rule by which TO ascertain the damages in ch cases
heretofore TO have been clearly defined IL may
not be amiss for Mr. Gile well the public further 10
consider that this question of damages the court
just equally divided in opinion the admit
ted of and that hs opinion the contrary notwiths,snd
ing from his knowledge Of the facts which saso7
Die proof ~ n have doubt there viii be division
next time on the question Of damages all Others,
he win but take the trial below hare ~,
cinesse, hand and thus again compel go to
trial but instead Of two patents submit 70 cor
tnpoace Of the case
And last Mr. Gilct also knows that the trial of his
is not in any way, affected by the reissue which was
only designed make tho clear in its appca-
ton to the second edition Of the infringements Of his eli
cnts-no doubt with his advieeunder which they
roined Finally, therefore submit for the sober second
thought OF Mr., Gillc whether from the present standing Of
TINS matter ~ does not come iron M" with bad grace
proclaim to the public that my patents either utterly
voidn Of doubtful validy-which | regard as foul
slander-whether he has not already about as heavy
responsibility upon his shoulders broad they admitted
E are any prudent should voluntarily undertake
and whether moreover if should enter into any part o.
his calculation attract attention TO himself there Is not
danger that his repeated procamaons and prognostica
tons my patents being void and his failures rs Of
undertaken TO make them So may not in that view
of the case fix upon himself the title Of false prophdf
g. H. MCCORMICK.