Minnesota weekly times. [volume] (St. Paul, Minn.) 1854-1859, 1854-12-05
McCormick's Reaping Machine.

The case of Cyrus III. Mccormick rs. William
III. Seymour Dayton S. Morgan, of Brockport,
y. v, which has been on trial in the United
States Circuit Court for the Northern District of
New York for week, resulted Yesterday in a
verdict of s., $50 for the plaintiff. The suit was
brought for the infringement of two patents grant
cd to Mr.. McCorm OK for improvements in reap
ing machnes--one, January 3lst, 1915, and the
other October Odd, lS47.
The ease has been tried bcfore-in October
lS5l-and resulted then, as now, in a verdict for
the plaintiff. That trial was confined to the nat
cnt of 1917 alone, the plaintiff having elected so
TO conne it, in consequence of the alleged absence
of a witness for the defendants as to the patent
of lo45, Oh which ground the defendant sought
TO put over the trial altogether. The defendants
thea carried the case to the Supreme Court of
the United States, where the judgment of the
court below was reversed, and new trial granted
solely on account of an error in the charge of the
court upon the question of damages. Upon all
other points the instructions and rulings below
were expressly confirmed. The validity of the
patent of 1917 was thereby fully established, as
the trial was very thorough one, and everything
was adduced that could be to destroy the novelty
of the inventions covered by the patent. This
patent Of lS47 embraces, as its main feature, the
invention OF an arrangement whereby seat or
position is secured upon the machine for the raker
who rakes the cut grain from the platform upon
which it is deposited by the reel. This patent
of ISL was reissued in 1853 and since the reissue
an Injunction has been granted by the court
against Seymour Morgan to restrain them from
Violating that patent by making reaping machines
embracing an arrangement for raker's seat or
position upon the machine.
The trial which has just been had was upon the
patent Of 1915 alone, the Court having held that
hy the reissue of the original patent of 1917 PEN
ding this suit, plaintiff had abandoned all claim
for damages in the suit, for the infringement of
that original patent. The trial was, therefore,
confined t. the patent of 1915 ,and was thorough
IL and ably conducted by Henry Il. Sclden, John
K.%'orter and Nicholas Hill, Jr., Esqs., on the
part of the defence, the plaintiff being represent
Ell by Gov. Seward and Charles NJ. Keller and
Slmuel Bachford, Esqs., as his counsel.
The defence set up were those of want Of nov
city, non Infringement and abandonment.-The
inventions cOverc by this patent of 1915 relate
To the improvement in the cutting apparatus of the
machine, by which that opera ion is made COM
plete and to tn, arrangements for dividing the
grain, by which, in connection with the reel, a
perfect separation of the grain to be cut from
that to be left standing is secured. The import
an,e of these improvements to the successful and
,rfect operation of the machine in all situations
and conditions of the crop, seems to have been
very clearly established.
Thus the novelty, as well as mportanc,, of this
great Amer en- invention, have been indicated
by an American jury in n Court of Justice, and
the award of the Council Med Il to McCormick's
Reaper at the worlds Fair in Lon Ion in 1851, as
tn, most useful single article there exhibited, has
mot with a response from this side of the water
which will go far to refute the truth Of the COM
mon saying, that Republics are unsrateful."-
-ilbdny Journal.
KANSAS EMiCRANTS COMING BACK.-AIanv of
the cmigrants sent ont by the Anti Slavery Soci-
ETY. to take possession OF the Territory of Kansas,
are becoming sick of the undertaking. We find
in the Boston Atlas some accounts from one of
their min sters. SAYS the Atlas:
\ young Milk street clerk, who went out with
the September party, from Boston, writes to his
friends most doeful account of his sufferings.-
lie saws that, after reaching Kansas CITY, he and
others of his party started on foot, gun in hand,
for their new location. On their way, he saws,
they were obliged to sleep in the hay gathered up
in the clds,purchasing quart of milk from an In
dian squaw for twenty five cents, to moistcn their
hard food; that upon reaching their destination,
they found the accommodations to be a few over
crowded tents, and they obliged to camp in
the open air. The land unclaimed is some
distance from the river, and is bare of wood.
In addition, he says it is necessary to keep a
vigilant eve upon their effects, for fear of their
disappearance. He declares that of the party of
one hundred and sixty who left with him, at least
ninety are their way back to the Eastward, we'll
satisfied that they are not fitted to settle new
and unbroken coantry.