Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1856-04-18

would soon wear out by attrii!ht, a castle "n''
could not be taken by storm. But II wa" nscel r
Tint Day WIS making of process different iio'
(;oodyear's-invened by two OF Day inrehcT
process by which zinc WAS combined with ruone'
and finished by the of the English process
steam. This made better fabric Than HnoaycHn'
process could produce. Thus foied, and hndln
themselves in the power of their antagonist u com
promise with Day, or his overthrow, became neces
sary for their preservatlon.
4 new consultation of the combination WIS nov
had which resulted in the adoption of two ohe
schemes for Frustrating Day, and securing IL mono
nnIy of the rubber business. The original tioodye'
rratout of 1911 for metallic rubber, which had bee
superseded was to be re,'ssued ana MADE 10 emorac
th Ep,,ish process of Hancock together with tire
mr. four processes already discovered aud patcnte,
in tbi, country. The second measure TO get an tx
tension of patent which had been granted to Edwin
VI. Chufec long before Goodyear had taken up TIT
rubber business, and which patent claimed Il
have passed into Goodycars possession and whcI
was INDISPENSABLE in the business. The success .
these two measures would, i'll the opinion of the
uopoiists. drive Day from the field.
Accordingly, in December 1919, without Day.
KNOWLEDGE the patent rc.ssurd To- GOODYEAR
upon a new specification, and nj an entire set o
new suits WAS commenced az inst Day, his CUSTOM
or. and agents. The old suits were allowed to bt
defauted, az permitted to he nnn.sHicd, ur Renewed
only to annoy. These new suits We're more nulner
nus than the DID, AMI the assault was the more ire
mendnuS. Meantime all the manufacturers VIII,
had begun or gone on independent Of Goodyear had
with one or two exceptions, been induced by motive
of gain. to Join against Day. With SUITE agans
him in five States, they could marshal their forces t,
the greatest advantage. and select that point for
final issue which Promised the best success.
| At this point, circumstance occurred which, how
ever trivial il may have seemed, intended To run
Day. and which, being managed adrnitly, nearly sue
ceeded. Some disappointed party had made an at
| tack in a New Jersey paper, upon Of the Judge.
of the Circuit Court involving the integrity of n.
Judges son-the Clerk of the COurt-for alleged i'm
proper practices, not connected however. with the
India rubber interests, and this unustly atribu
| ted tn Day.
II finally became apparent that, however success
full Day might he i'll s:de issues suits in equity he
hal little hope of tinnl enamel patton from difficulty
except in trial involving the main question: aud be.
fore Jury.
To prepare for such an ordeal, when il could be M
longer postponed, Days antagonists had so managed
rs tn have thirteen separate examinations going on at
the same time IN different parts of the country before
as many commissioners, rendering it impossible for
Day or his couse! Ia be present fpr cross-examnng
| many important wnrssrs When this was shown 10
the Court, as the New Jersey trial came on an order
VIA made postponing the trial, and C stop such cur
rupt anu unjust practices in tho future und three GER
| tam commissioners were appointed, before wh,nn
all the testimony should be taken. The parties then
vent on taking their testimony under that rule in
| buiI the Jaw aud equity cases.
| Meantime, Days counsel unhcsitatingy advised
MN thnt according 10 the plcndings there could be
no cstoppcl established against him and therefore
TINT the Court as mnttcr Of course aud Of universal
practice, would try the suit at law first, especially
it WIS the oldest on the calendar, and title had never
| been established at law.
Relying on this opinion, Day had not taken the tes
tiinony 1T some thirty witnesses, who lived within
hundred miles Of the place of holding the Court, in
tending, under the rules to call them the stand be
tore the jury IN the course ot the trial at law
The court came in, and the suit at law being first
on the calendar, was called, when Day announced
himself ready. The plaintiff, however refused to 60
on with that suit, and insisted on his RIGHT 10 try tin.
case in equity. This resisted by the defendant,
through his COUNSEL Rufus Choate and Francis b.
Cutting. and argued the side Of the plaintiff
Daniel Webster, Seth p. Staples, and James ) Bra
dy. After day or two Of argument the court or,l,r-
ed the SUIT III equity 10 be put on liz final hearing,
spite ct the fact that the question o the title and VA
ility OF the patent had never been tried before any
Jury. vi course solemn protest was entered bv Day
against the order, for it gave his autaguuis every
advantage, aud dealt a heavy blow ugans, Day
the very threshold of the court room. But tbs new
hardship had to be met. Nine large printed volumes
of testimony, running over twelve ar fifteen years,
were then laid before the court, aud eight ten days
nj least must be consumed in The reading. Other So
rious embarrasimcnis passed heavily upon Days
case-cyen The clerk Of the court was counsel for
Goodyear, aud son Of one OF the Judges. But with all
his want of preparation aud under all these evil
oInen-, Day was compelled In 20 to trial.
Ii Taa on thu uCcasun-this great occasion tina!
Mr. Chnai- made his mighty argument on the II,.s
ton oI esr"ppel, ccmpncntcl the grcatr-t effort
ever made "n that question. Some idea of the OK
penSca of this litigation nay be got tr" the tact that
Mr.. Webster received SiJlnhJ for his t this single
hrnring aud the EXPENSES of The case alone exceeded
$'i0DOO.
This was in lSi;!. The rlbbcr business had grown
10 i've or STA million dollars year, and the fabrics
were sent I" all the world.
Bnt this strange Il nl waited six or eight months for
decision, and vi course when ii il wa- just
what everybody except Day expectedu final and
perpetual injunction against him. lie required
aud ordered tn stop the wheels he had SET rolling at
the bidding of his own will, bong before Goodyear
had entered the business 10 the cank of his
own machinery. which had sprung into being by the
hat at his own inventive genius. Ever Aiirrward he
IL manufacture M,rr,d p05is--hnd according tn
the Terms III that sighted, broken agreement with
Go"dyear which Good Year himself did regard,
Day had some time been regarded Il: ruined man,
Tor n"biy could believe one human being able IN re-
sst :" hostile and tremendous n power. lie even
bent {" the bnsi himself for while. lie could not
hope for lu-tirrle could light he even yavr
up the hope ol II trial by iury-thm sheet 0ncLoc
r1gH oj me- IDgio sara" r"cr. lie sold out his bu-
STRESS and qui. the field. This was before the court
had pronounced its decision.
But although the men Ii" gold il 10 ut once stopped
all manufacture except Sa'T'd %00dS, yet his "ppu-
pnurnts found some precxt for further troubling
him. lie was proceeded against for contempt OF
court, and was summoned 10 Trenton Day asked
further hearing in the absence Of his chief coun-
sellor.
1t was denied. Crowded TO hearing, he unqnali
iedy denied, under oath, any violation nj the lnunc-
ton, AMI supported il by other strong allidavIts.--
Blu; this would not suffice Day was under exami-
natiOm before the Judge III person. for several hours
The outrage WIS grrat-without prcce,lcni--tor the
defendant had legally, morally, and h"n"rnhy purg-
ed himself of the chrrge Of contempt, nnd by prrcs'
dents two hundred years old. The Judge roull 20 no
further. But the jul,c-whatcvrr may have been
hs nntivc-had yet exhausted upon tlI" stricken
man MI his powell lie would command his person
and his goods. he dd. lie wanted possession OF
his books and pupcrs and cu--d his trlb,Ta! to nd
irurn it Ia such time and place a. 10 him seemed
best. 1t was, in day or opened again nj Jersey
City.
Days principal counsel (AIr. Choatel could not be
present. Mr.. Cutting engaged III trial, anu he
sent another legal gentleman TO pray the C"nrt Tor
delay. But the Judges son, AZ counsel for Days OPP
punents, requested his father to declare Day ~ RON"
hmpi, and of course it was done. IL would nave
been strange, after all that had passed, II 1t had not
been Just prGcepi was instantly issued hgaiiisi
him aud placed iu the hands ni officers but Day WIS
safely sheltered in the circle Of his family ana trirhls
on The East side OF the Hudson River. He had house
| and home there-sevrral hous.s-hOmes Numerous
| Finding their victim out "t reach IN attempt was
made to revise the judicial persecution. ms ialIeu
on the East side of The river, and although the rum
OF his fortune seemed entire, they could not compete
| an utter overthrow.
But the plot grows, the conspiracy EXTENDS. ihere
is not power in money proitissIy avisl.ed-nor IN the
| binding maze Of hundred abyrnthlne la"sai's' l"
paraIyze utterly II true man. Law u not broad
enuurhjullicc lie not elastic enough "hat shall De
| done , ,
| Congress must act No other power can save the
Conspiracy They had exhausted every iaw-they
had worn out every precedent. They asked Cnii-
gress to increase the jurisdiction OF the courts 81 Tue
| United Stacs-thnr the court IN New Jersey ',s'''
rcacb lis strung arm over the Hudson rivcrGnd drag
hunted citizen into territory whcro tyrant nIsh'
| seize him. II was an audacOua attempt 10 poison
whole system of jurisprudence for na:IoL' III "rdeF
to wrcHk vengeance upon PROSTATE toe
| Will. nil this was being done Il Inrge factory i'll
Connecticut which Day Owned in connection, WIN
Arson &. Phelps aud others, was consumed o. hrp
Rail roud compaies-to whom Day hGd sold car
sprngs--wcre prosecuted, and claimed pro'ectl"u
from Day, whose friends and partners were alarmed
| Ansnn G. Phelp4 died, and Day stood almost alone