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

You say on. machine Is bad one, and yet claim
compensation for It's value. Will tell you- There
are two Inventions here-the one for closing she
steam valve instantly TO effect q cutoff, and the
other TO regulate the time OF effecting the cuton,
whether the valve closes instantly or gradually AL
sides admit Mr.. Sickels TO have invented both OF
these improvements, and all admit them both TO he
valuable. How much the first one will save over
the old plan is not in evidence but il is admitted TO
| be the most economical. How much the second one
will save, Is in evidence; and that Is not less than
four per cent, and from that TO ten. In pirating
these Inventions the defendants in order to hide the
theft have cast of the first, and only use the Sc
cond, whereby they gain from four to ten per cent
on the old plan; but if they had taken them all
| they would have saved much more So il turns out
that they ipjure both the inventor and the public
the one X taking his invention iIhou. co|pensa
selling 1t ~ it's purity and most valuable fOrm-and
they do all this in order to sell patent right, ad
nitted 70 Dc Inferior, Tor great price on the one
/ cognition would cast into eternal oblivion such
"mock-tmtle" engineers as BartoI, Smith, Ho-stio
But my brother Cutting says that we complln
that Mr.. Allen will not use our Improvement, not
that he does use it and ne added, with air OF Ge
| hance, you cannot drive people to do anything.
| Pardon me, if you please, when deny this charge
/ We do not complain Of any such thing. We admit
the right of Mr.. Alien to use any thing he pleases
but we complain that Mr.. Allen stands between
and the public, who de sire the best thing from
| whomsoever It may come who care nothing for
| Mr.. Allen or Mr.. Sickes.--who would not nay three
cents tribute to support the pompous magnfcence
of the Novelty Works if they knew they were doing
| it-wbo are imposed upon by great swelling words
! OF vanity to onr damage and loss. We complain
that Mr.. Allen, standing the trustee Of the coun-
mail pay which is in fact fund given by the people
| for the encouragement Of American genius and
Skill has used it, as he admits, to suppress the best
oaaest Of mosSss. We Claim that Mr. sicaes Sav i
produced the best thing in the world, is, according
to Mr. Aliens own admission on this stand, one OF
the benefcaries of this fund.- and charge that he
has been defrauded out Of his share of it, while the
public have suffered still more. If the proposal had
gone to Congress To pay these immense swell
mp the bursting bubble Of Mr.. Horatio Aliens want
| men pay our share of this, and we know what We
| meant by it, We meant to encourage American ge-
MUS in the race for success to produce the best re-
suit and we never thought that our trustee would b.
reduced to the humiliation Of confessing in the wit
ness box that be had used that fund to suppress the
best thing.
And especially do we complain. that after having
used al these mighty agencies against u.s. and dr
set up the miserable prices at which he was conc-
PEELED to cell out his inventions to buy bread for bis
little ones, as reason why you, overtaken in ysur
career of cruelty and oppression, should pay no
more. i is for you, gentlemen, to say whether that
| plea shall prevail.
Gentlemen, i cannot pass from the consideration
which stronger than the testimony Of witnesses re
cord the plea OF guilty to our charge. You recol
lect gentlemen, that in putting in my evidence,
offered the letters patent granted TO Messrs. Allen
& Wells, and they were objected to. The usual re-
sistauce in such case s made by the plaintiff and
not by him whose title deed is sought to be intro
duced. His Honor remarked that he supposed, of
course, the defendants would put in their patent,
and he asked Mr. Cutting whether 1t was not their
intention TO do You all rec0lect his reply. He
said no that they had considered it better to Try
the cause on its merits, without introducing any
extrinsic matter-that they had resolved to simpl
fy the question as much as possible that the only
question whether the engine Of the Metropolis
was an infringement OF cur patents, and that the
ready to Try and not TO try patents agalnss
each other His honor then ruled out my offer, but
gave notice that should insist on introducing IL
later in the cause in another aspect-that is to
tiadict Mr.. Allen, and his Honor remarked thai
he would decide that question when it arose. TIE
cause went on, and did introduce the patent with
crushing effect TO contradict Mr.. Allen In respect to
the question Of tripping to tho intense disgust Of the
defence generally.
When the defence went TO pieces, and became the
examination of the defendent himself il was neces-
sary seize some plank to float on the survivors,
and all ut once was suddenly discovered that this
patent was the plank for the drowning man: and in
closing, my brother Stoughton placed his case chief
ly on that, with degree of holiness and with sin
certy OF expression peculiar to him. But that plank
will not swim, as his Honor will tell you.
Another thing: In opening, not a word was said
about the originality OF the invention. That was
conceded rs vel il might re, for every witness OF
the defence admitted that Mr.. Sckels was the first
| u
litter TO elect cutoff, or for any other purpose and
that he was the first man who ever regulated the
period Of hberating by such means as these. When
me wreck osenIre1' however; another straw was
the Dispatch, ano Bennett was called. Of him 30
not speak, except TO make n refecton-which y,
that when God permits knaye TO live he always
makes foo, 50 that the disposition TO 10 mischief
may fail OF execution for The want or ability 70 guide
Il. After hearing his testimony his Honor ruled IL
all tut ON the yell settled principle Of law, that
al. s.1.pu
laws reward the man who does the thmg-not him
who has only proved, so far as he proves anything
tina, i cannot he done. That plank sunk.
But these two efforts made In desperation. after
the defence relied on bad failed, are an admission
equal 70 plea OF guilty.
Gentlemen OF the Jury, the series Of wrongs inct.
ed on this invention would have been incomplete
unless suTmounfed b. specimen Of neanness more
contemplate than ever has been seen before, in q !
court Of justice. You see, gentlemen that the
troyeIsy " not about cutof nor ye, about an adj
justible cut-of-these Thugs old-out about an
adustibe cut on capable OF adjustment while the |
engine is In motion and at oil points OF the stroke.
machine to do that IL justly considered very valu-
able, and hr. Alien has flooded the country with en-
cravings paIading the "adiustible cut on" hs |
invention. You all know now that this i'm. 4
pudent Iretence: but IL proves how valuable he /
thought to be, and how FAR he would Dare 20 go In
oider 10 seize It. Before this was half finish.
ed, MI. Allen this adjustable cutoff slide OF
bis gasp, ike water through sieve. What could /
he 90 There was one revenge &c yet had--one |
oppo tuniy He said that after all. the invention was
not ~ much yaue, and that In his opinion engine
ought TO he built to cutoff ~ more than halfstroke
] asked him whether il not very important in a
lead 10 cutoff longer than half stroke, and he
cad that il il was the engine ought 10 follow full
stoke and not cut oil at all suggested that there
might be such state OF weather tina. il would be /
ia sirsble to cutoff more than half stroke. and yet
not waste the steam necessary 10 fulltroke but he
denied the possibility. then ventured TO express /
the hope that Mr.. sckels had not done the art OF |
engine ering any serious harm by giving engines the
capacity to cut oil where the emergency might seem
g. require; and u was great relief u me to hear
that In Mr.. Allcns judgment he had done serious
mischief
Now, gentlemen, what DO you think all that /
mtansg BESIDES the qualification II IL TO give this /
invention bad name, now that II 10 to I've wrestcd /
from him. he is preparing TO fall back upon the l