The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-11-12
IMPORTANT PATENT SUIT,
United States Circuit Court.
Before judge Nelson.

Before Judge Nelson.
The ease Of Sickels against Borden, which ha,
been on trial for several days in tais court, was con-
cluded BIZ verdict for the plaintif for $3.50 a,
msges for sixty days use Of the machine On the
steamer Metropolis. The real defendant in the case
is Mr.. Horatio Allen, Of the Novelty Works aud the
suit is brought for Infringement of one Of Sckss
patents for an Improvement on the Gu. of built by
the Novelty Works for the steamer Metropolis, the
property of the Bay State Steamboat Company, aud
known as "Allen u Wells adjustable cut of" The
cause was tried by Mr. Cutting and Mr.. Stoughtou
or Mr.. Allen, and Mr. Dickinson and Mr. Keller for
Mr.. Sickels. The following is the closing sargu-
ment Of Mr. Dickinson:-
May IT please your honor and gentlemen Of the
NY, after the attentive consideration which for s-
veral days you have given 10 the evidence as ir has
been presented to you, and after the able argument
OF my learned friend who opened the cause Ishould
think IT an objectionable tespass your time and
patience, and an unjustifable Appropriation OF 4
portion Of the very short term which his honor
is enabled to afford TO other sutors. if I should
attempt any extended explanation of the ouee-
tion OF infringement which forms the greater mart
Of this controversy In taking this course however.
trust that my friend who closed the argument for
the defendant will not think me wanting in respectt
him or his efforts; and il make no reply, can a.
sure him, that so far as am able to Judge of per-
foimance of that sort, his Is credtable as could
be expected OF any one under the circumstances;
and am sure that you. gentlemen, will be his wit
ness at any time that be has earned his fee &c u
NOT accountable tor the case and cannot make 1t any
other that it is. shall, therefore, only present .
your minds one single picture and one single view,
and then pass to the question Of damages.
This suit, gentlemen, though nominAly brought
against William Borden, agent of the Fall River
Company, is, in fact defended by Mr.. Horatio Allen
who has assumed the position Of the owners Of the
METROPOLIS. for the purposes Of this sut, leaving
them no interest In its event. any more than any
stranger, so long as he is able to indemnify theia
against the consequences of the act committed for
them by him and complained Of by u.s. aud the in.
mepse wealth which Is concentrated in the Novely
Works is a sure guarantee of ample indemnity to
them against our recovery. You will remember.
gentlemen, that placed the case in this position
designedly so that Mr.. Allen might be witness 70
defend bis cause and thus for ever after be IN,
able to complain Of the least injustice to him or .
the invention which he claims In part to have made
and l reasoned that il he could not defend this
wrong, there was no other man who could, and de-
sired to try the question against the strongest rather
than the weakest party. The consequences I con
templated have followed my act, and the chief wit
ness who Is relied upon BY the defendant is the rel
defendant himself.
The defence is rested on two grounds: first that
the invention Of Mr.. S,ckels Is only applicable for
tripping valve and that in the defendants machine
the valve Is not tripped and secondly, that the pa
tent uquires the valve to be let down by particu-
lar device, whereas the defendants ease their valve
Ito its seat by another DEVICE The second Of these
having the first one to be disposed Of hereafter Mr.
Allen then testified that in his cut on she valve W.
not trpped and that in the patent Of Sckles Is was
50 described. On crossexamination, however. pro
ducsc before his astonished vision letters patent
sworn 10 by himself in 1858, in which he describes
this identical machine for which this suit "a brou9ht
and claims 1t, in these words: First, the combna-
ton OF pals with two arms, whereby the valves are
litedLand tripped as described" And / asked hin.
Ibid you swear to that description and claim" ana
be said, ~ did" ibid you discover, before this
M was brought that your valve does not trpgn and
4 obrA
mins.:on wi.a this drcc: Contradiction between sis
statement when be had no interest to tell anything
but the truth-when he was describing to the officers
| OF the government, with view to the obtaining
ments now when he sees the ill-got gains which he
has received from the public for the unlawful use sf
Mr.. Sickes invention, slipping sway om his grasp,
ms situation claimed ard received my sincere pity;
utmy duty was direct before and Idid not shrink
rom Its performance. We went on; and Mr. Allen
having been gradually driven from point TO point. At
last stood before you, with the models in sight 70
al swer this question: Explain, IL you please, BY
the aid OF the models the difference In the motions
Of the steam valves and the arms which liberste
them In the two machines from the time the valves
are m about TO be lifted Till the time when they arc
disenragcd: are they not on both machines perfectly
coincident at every possible point Of time ~ He
left the stand and came down before YOU with thin
remark: 81 will explain" There he stood-the chief
engineer OF the Collins line-the head Of the Ne
very Worka-the selfconsfituted autocrat Of the
mechanical world OF New York-surrounded by a
host OF followers who bask In his smile and who re-
vove about the centre Of his position the heads Of
smaller establishments. and with ears erect We
listened. shall never forget that scene a. long O.
remember anything lit was the triumph Of trutk
over pretence.of justice over arbitrary power. .T
viii explain began Mr.. Allen and he paused. an
iswIy difficult TO explain" said Mr.. Horatio Allen;
and his hand wandered ncrvousy over the machines:
and he paused again. Go on, said ], peruasvely.
y cannot explain IT, said Mr.. Allen; and he spas
medically left the models and began retreat 70 The
witness stand. But before he reached Il, he
behought himself, and returned-his hand again
twitching over the machines, and agnin he openea
waited on his lips. at IL very difficult 10 ex
plain" again remarked Mr.. Allen, hurredly; and
with q short pause, he added: ii will not attempt
y and retreated TO the stand. had not the heart
pride which this terrible unmasking inflicted as We
ieel the writings OF the poor wretch when we see
the surgeons knife cut 10 the OF some canker-
ing disease, and hear the saw crate upon the bone
only remarked that IL Mr.. Allen could not explain
his own machinery, thought Il useless 20 look for
one who could: and there ended that part OF the
cro-seSaminstion; Gro :. u, gentlemen, you have any
cell that picture and you win feel IL no longer.
Another view may be as conclusive. Before this
invention, The valves opened and closed BY the or
that s their motion now when the action OF the cut
of is suspended, and they follow fun stroke. Mr..
Sickels invented somethng-what Is itg Let us take
u out OF both machines, and lay IL on the floor. Ist
u is q sector, vibrating q rock shaft. That n
agreed to be new and 20 lie used In both; there IL is
I'D. That sector carries two arms, diverging from
or approaching each other they are agreed 10 he
new, and In both there they are. I'd. That sectoris
connected to some part OF the machine moving CO.
incident with the piston and vibrates with that mo-
ton That is agreed 10 be new. and TO be the same
in both. Now, before we put these things back into
their respective engines, You must admit-for all
sides have done tbot-that this machinery Is new
end useful. We will then put II hack into the
engine. And for what purpose1 9TH. So that the
arms can liberate the valves from the lifters.
Co permit them 20 return 20 NJ to effect
cutoff. All admit that IL new and useful. Nov,
gentlemen, oil we claim for the purposes OF this
Is that machine 10 be used for the purpose In
dicsted. Everybody on both sides agrees that Mr..
Sckels invented II, and that the defendants use IL
for that purpose. Can you sec any reason yhv
they shonld1 If voc viii not find us q verdict al,
that gentlemen, neither would you though one rose
from the dead, and II IL vain for 10 talk 10 you
Inow pass to the only question in this case which