New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1854-12-04

seemed nr.concilsble. BE gave the Necessary sup
port 10 the reel lie advanced position while he at
the time took the reel stand ard entirely out OF the
WY 81 the dividing process. This the second fes
ure given 10 the Resper Of 1894 by the patent OF 5.
1t ives not Until bad received these two features
that NJ Cormicb Reaper became, like the stesm-en-
CINE the cottoD'gin and the railroad an effective sad
beDedceDt agent of Human Progress and Civilization.
These in proyemenis of ls4J exclusively the
jects Of examination on this occasion.
You see that do not speak VI things outside, Of
persons ouisde # this subject. shan not speak o.
The plaintiff otherwise than a. the inventors OF
the defendants except in their relation - the sub
ect; Dor Of NY learned adversaTies whom there
cause 70 ceIsure, and who, fortunately. need not 70
be praised nor Of my associates, nor OF myself be
cause while II would be in bad taste, Il might ms
lead. ] shall make appeal 10 your preju1l.es or
TO your passions; but shall address myself 20 your
reason and understandings only. In that way, ana
DOT by sssey Grating ny convictions and slnceri-
~. fhaD show you the confidence / have IN the
merits Of MY cause a. well the respect entertain
for you ard The frm reliance with which repose on
your caLdOr and virtue. In this way Te shall soon
which of the parties here Il Is that, having put
cut upon stormy seq, under broad canvass, without
Sufficient ballast in crazy vessel, shouting their de-
fsIce back in answer 70 remonstraLces from the
shore, are Low in distress, Selling plaDks and
making signals. while with hands uDlifted they cry
out 10 the passers by: Have pity on Us or We
" ink "
Three questions arise out Of the subject which
have lust described. EtrH. Does the panth En
those two additions TO the Reaper Secondly Have
the defendants appropriated either or both oil those
&C dniors 10 their own u.Cl IhUdty: Ii the plaintiff
dOes own those improvements, and if the defendants
have appropriated them 10 their own use, then the
question will arise-not whether the plaintiff sd III re-
cover damages, but how much damages shaA The
plaintiff recover
First. Dos the plaintiff those additions TO the
machine Of 1884, Inc defendants assert, IN the inst
instoDce, that whoever may have made those adii
tom they not really inventions for which patent
could lawfully be granted; that they are only me-
ChaIical alterations which could have cost no study
and DO labor. Certainly If the additions are not real
invention ?, the plaintiff cannot own them within the
meaning OF tbe law The allegation Of the defend
ants IT, that they simple. But their simplicity Is
lot evidence that they not inventions On the
col trary is the best evidence that they possess that
character. All the processes of Nature are SIMPLE
Nature understood there are no mysteries stare
hos capacOus store house Of secrets which she Is as
anxious 10 give Up the inventor is TO obtain them
she prescribss for him only one law 10 regulate nus
search, namely TO remember tina. she works always
with simplicity and direclness
To buiG-to pIant-vha.ever you intend
To rear The coiauoa. or The arch 4 b %
t. swell the terrace. VI - AK the gTot,
liz all Jet Nature never be iOEs T."
The learned counsel tell YOU that the machine OF
1894 without the go additions 50 nearly perfect,
that it az only bluIder Of the Inventor TO send it
out into the world without them; and that cOnse-
quently the additions Of 1875 only the corrections
tf Llunders committed in l-3l. According 20 this
proposition if man extolts Oaly one useful secret
nom Nature be is q vorse blOckhead than another
is who makes no discovery at all. The Marquis OF
Worcester discovered that the expansive force Of
81, am could be applied as hydraulic ooVer. II was
blunder OF his that he failed 10 perfect the station
AIRY engine jones Watt, it has been thought, made
a useful discovery when he perfected the steamer
cine q stationary power Nevertheless ne vas 4
Mnpdorer. because be left it t. Robert Fulton to
ADAPT that engine TO purposes OF navlsauJn, ana 50
convert il into mighty marine power. FRANKLIN,
according TO this theory, is to be censured more for
not having inverted the electric telegraph than he
is TO be commended for having discovered the identity
of H. htnng with electricity, and for having con-
structed the lightning rod Cyrus ii VI Cormick,
il is confessed falls within the same class. He has
studied in the same school with those venerated
blupderers. Deal tenderly with him, gentlemen, in
consideration Of the bad examples whi;h were thus
set before him.
think now that we may assume that the improve
ments Of lsi5 real inventions The plaintiff has
proved that he is the of them. He has proved
# by his patent which il sufficient for him to rest
on u Is for the defendants to overthrow that
pIoof They aver that they Sl prove the contrary.
In this they too late TO gam your conniehee.
They have already admitted the fact which they nov
assume 10 deDy. They have admitted and affirmed
it 60 often and strongly, that You will scarcely be
lieve thor Genial, even though they shall prove 1t
true The defendants, in lsij took II jense from
the in, enor TO make tue Reaper Of 1884, with these
identical additions or features of lsi5. They paid
him s22 80 lcensefee on each machine theg SO
made, and they made and sold no less than three
hundred Of said machines on those terms lney
sold them 10 farmers for Sl2O each, OF VIII IN sun so
was profit according 10 their own proof Thus they
obtained foc themselves, from the public, 81 900,
while they collected from the public, and PAID TO the
Patentee e. $50. They gathered both these sums
from the public, by assuring them that Cyrus IL.
NJ Cormick the inventor aud owner OF these very
additions Of lsi5 After this Transaction was past
NJ Cormick concluded that lis interest required him
TO withhold further licenses, as wen from tue defend
ants as from all other persons. The defend lnts
with SIS 900 in their pockets, thus obtained from
the public by telling the truth, nov seek TO obtain
another els COO from the same puOhc by declaring
that What they before said was true Is now false.
Nv learned friends the other Size have dscoursed
elOqueny upon ethics IN general, aud the virtue oil
honesty in particular. j should like to her them on
this pat of the case. ] should like To know from
them how We are to distinguish whether the defend
ants spoke truly TO the public when they got the
first 81 O0O or whether they speaking truly nov
when they are contradctng what they then said, TO
get another sum of SIS 600. would especially like 10
hear these learned casuiss upon the question whether
the defendants can be allowed 10 oeDy N Cormicks
pfoperty in the Improvements now, without their
first reaanoing the 81 900 they obtained by affirming
that property heretofore.
But pentlemen let US advance 10 the question. IL
the plaintiff the inventor Of the tNo improvements
uaieuted in ls4jl Certainly they were invented by
somebody Because before lsi5 they we're not in the
Rearing Machine OF 1884, and they were found IN
the machine Of lsij, and are there nov, Who put
them there The Patent Office Is place opened ex-
pres-y TO register ell claims for such inventions made
In the United State. Whoever fixed these features
on VI Cormick's Reaper, whether by day or by night!
did il either for money or for fame But no one can
Get either fame money for such inven ions, unless
LIE ro Listers his claim in the Patent Office. The
counsel for the defendants tell you that the nven
tons are yielding $4,000 year TO their putative
owuer. the plaintiff. And yet the Patent Office
taius no register OF claim 10 these Improvements
by any con pe,ng inventor. The same thing is true
of tie Patent Ofhces in Europe. They have been
ransscked by the defendants, aud yet NJ claim pre-
/ I'd ~ sv.kg On nv u hrs
the other hand there Is found in the Patent Office at
Washingto authentic paper, bearing date in De