The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-11-12

Sssues every say,. II may be said thai the Oourt
saD increase Che daanages; but practically that
power ~ useless TO the inventor, Il never b - been
exercised. Judges are naturally averse fro a WELD
Ing such power, lest they shall seem tyranHical;
and the infringer escapes with impunisy half the
time, and grows rich out Of his rob peerless even
Wien he pays az the end OF an ex0 ution the fee
Which the patentee has spent twl a. much in ool
kctng IA tis worth when collected Thus, while
pablc virtue IL debaoched, and tie patentee ruined
~ protess htigatsen, NO one b IL the lawyers gain
Nj supposed that this case came within that deer
sion should be tempted to ssk the Court 70 over
rule *, and for TIE sake Of public Justice TO take
Me case once more 10 the bar Of the Supreme Court
for sober second Thought But we contend that
We stand upon different ground. and that the mes
sure OF damages Is the value Of The Invention 70
Nose who use it-a measure at all times certainly
jast TO the defendant. although il May sometimes De
less than Just 10 the plaintiff. To ascertain the
aDcunt Of damage under this measure, we fave
ahswn thst this invention on the Metropolis 10 GER
tainly worth not hess than four per cent or the
zeal consumed, and that it probably Is worth more
than ten. No witness has been called TO
contradict this, and therefore we may safely
assume il to be within very reasonable limits, and
safe for the guidance OF the jury. The Metropolis
consumes ON an average forty-eight tons of coal q
day. She began to run on the fifth day OF May,
1866, and nan until the bringing OF the suit on the
ninth day Of July-beyond which yoc cannot go in
this case. The quantity of coal consumed in this
time was 1850 tons and ave per cent Of that
amount, At s. ton, is eqnal TO $500. Wsinsist
hat Won cannot give rs less than that amount,
which we demand under the evidence.
But we met by the other side with the obiee-
ton that tins case comes within the rule referred 70
and it will be your duty to decide that question. Il
\ true not taat Mr. Sickels has fixed tariff for
The use OF this improvement?
To sustain Their claim Mr.. Bartol, of Philadelphia,
. party IN interest with Merrck II Son, one OF the
largest chine making firms in that city, has been
called, and he proves that Mr. Slckels sold cut of
f0r $3.50 TO him. This is the witness who appealed
70 the Court for protection against my gaze and
ssmplaned tina. would look at him while he was
under examinatlon-the most extraordinary COM
Vhint ever heard in a court since the year books
were opened. IL may be safely said that the best
external evidence of an honest man is the frank,
anwayering look OF the eve. But when The heart
besomes polluted and the mind resolves some
aows of the soul 60 bar the gaze Of other men, and
The averted look and the quailing glance are the
certain tell tales of the wrong within.
sThus conscience does make towards Of us al"
Whether that test fails In Mr. BArtols case I1eave
10 your decision; but certain it is, that at the time
When be attempted 20 prove Mr.. Sckels ignorant
thai the method Of lowering the valve as practieed
by the defendant, was applicable to his invention,
Mr.. Sickels had had caveat on file in the Patent Of
fee ten years. describing that identical method in
language exactly the same as that used by the de
fendant in describing it to You Il IS barely posi-
bic that NJ. Sickles may have flied that caveat IN
somnambulc state, and may have entirely forgot
ten il; but unless he did, Mr.. BartOl exhp'ted dis
sretion-t the better part of vaor-when lie begged
protect on from the gaze which pierced his SOU
So far, gentlemen as il goes, Mr.. Bartols tes .imo
ny tends 10 establish price; but there the defend
ants stopped, and called Mr.. Sickels to prove that
there nev-r.w fixed price at which this was sold,
BAT that in the effort 70 induce engineers TO use H. he
sometimes gave it away, and at others he would take
what he could get. De received at the rate OF from
swe,veand-a-haf dollars q cubic foot TO nothing.
The cylinder OF the Metropolis contains seven hun
bred ami twenty cubic feet, and at the rate speci
Geo the fee would be S., 900. On his examination,
Mr. sickels exhibited the account of what be recev
ed which have not in oeral, but il amounted to
less than So 900 in small items OF about 5000 each
showing chat when be could &c, anything Il gene
rally was ABOUT 800, which also paid for his own
nine and attention In adapting the invent to
tbe boat
But vas this the fair price OF the invention: and II
not why not Mr.. sickels aud Mr.. Alien hayc both
been examined this point, and the result exnots
state of things in regard t. the treatment Of an IN
venior which is unparalleled in the records OF this
much injured class of men-a stale OF facts which
must have astonished you beyond measure and
which you would never have believed IL yo,i Ind
heard l. from the mouth OF any one bot the actors
themselves. After having made his inventions, Sir.
Sickels found that they universally rejected by
the engine bullders- the foremost among whom vas
the Novelty Works. By extraordinary exertions,
without shop, and without dollar, he succeeded
mall boat. and the result ius.iied his repre-enta
mons. But still the engine builders refused 10 iislea,
except In some cases where he would give the in
ventson tor nothing, or nominal sum. Abou; that
time the Bremen steamers were TO he started, aud
Mr. Sckes offered gratuitousy al his inventions TO
them--and there are dozen Others beside this one
which, together are necessary for perfect result
bne refued the offer. The result you all know: the
hac sas failure aud brought worldwide discfeli.
upon American engineering, and in ia conssq @nce
nearly swhmped the Collins hue, then Just gather
ing capital to- its construction. Mr.. Collins w.
ever learned o lesson by this experience, ana made
gigantic efforts 10 hiring 70 his enterprise the ee
neuts Ut success. Let It be known gentlemen. 70
sbe honor Of Air. Collins that he struggled against
,se Novelty Works to the last for the best thing,
and only surrendered when the majority OF stock
against him, ana he was tied hand and foot by
pet n 4 n AZ fha fafH tlan
h. howeycr contracted with Mr. Sicke.s 10 nut this
Invention upon the Bsit'c, built al the Allalre
Works: and the arctic, bailt a. tho Novelty
Works. and cir. Sickcls was proceeding 20
execute the contract, when he was ordered 20 dis.
continue on the Arctic by the Novelty Wsrks
Panse here a moment and ask yourselves IL Dir.
Sickeis had fixed any price at that time. On the
contrary, bis invention pronounced yalneless by
the very w10 has SINCE prated IT, and who
now sets up his own wrong Ia lsfy a. reason for
greater one low low. Up 70 ihst nme, hawey,r !
norant of the subject and honestly thought tins in
vsntlon was worthless and invoke Tor him charity
the ground. ~, however, you feel any diii-
Guilty IN cxeDding a. the recollection Of his con.
i.srion ON ibe stand. that he cannot now explaia
difference betweecn these two machines which he
alleges TO exist, ought 70 turn the scale in bis
favcr.
Buf, gentlemen, Mr.. Sickels applet thi, inven.
ton % ibe Baltic and for eight years il mas wealth
cred he storm, although In the hands 81 the enemy,
under the control OF Mr. Allen himself. on'y $500
w-s Maid for that: "but" says Mr. Sickels, 1T was
sid II mnzzlsd the Novelty Works. AMI the old
story that Il wonld not work cant now be It'd"
Csn Mr.. Allen, who depiicsd him out OF another
SALE AZ hat time. and who reluctantly assented 70
this one. set up this price against Mr.
Sickels now You shall answer. You have heard
gentlemen. that the cut on on the Metropolis
ali went to pieces in the first year of pts existence.
althonsh 4 came direct from the hands OF Mr.. Al
len II that sut on On the Baltic had broken-aye,
II u bad but failed IN pm or nut. which could be
fepla ed in an hour. where would have been Mr..
~ kds' case nos Yet Mr.. allen abortions ~
this invention 90 10 pieces every year. and the
incense s goes MP 10 his altar from the army Ut
dependanis vii live upon his smiles. IL sstsiac
tory 70 from Mr.. StarEes, that, whoa this cut
on aid break, the boat was carried 20 her journey
end hy another u Mr.. ciekel- invention. which
played The good Samaritan
Fr,m tbs point q time We have the Baltic run