Daily American organ., 1856-09-03
CITY INTELLIGENCE.

the decision Of the court In the case Of Page vs.
Georgia II will be seen that the plaintiff Is sus-
tanned in every point and, although verdict in
this case was given for defendant, 1t was because
the jury were not satisfied that he had actually
used the end-play" In operating bis machine. IL
WAS stated In the city papers, some time ago. that
the decision was adverse 10 George Page, and we
think the papers which made that announcement
should, as matter of justice TO deserving citi-
zen of Washington publish the truth In regard TO it.
The last canse tried at the Canandaigua session
Of the u. g. Circuit Court, in July last, was that
of Page vs Georgia. The questions arose upon
the patent issued TO George Page in l84l, and re-
Gently extended for seven years, for the Patent
Circular Saw-mil, combining end-play OF the saw
mandril, with guide-rollen at the periphery of the
saw. Ii was alleged that the defendant had used
the combination secured by patent 10 Page, and
the suit was brought to recover damages
The evidence showed that .he defendant used
pins instead of rollers for guides to the saw. Ii
was also shown that he did not use unlimited end
play, but controlled it by collars. But whether
the collars 80 close to give no ehd-play to
the shaft or to leave it with fraction OF an inch
end-play, was disputed point. Two OF plaintiff 8
Witnesses sworo that they the mill when II was
not running and then it had sufficient facility for
end-play. But the defendant s foreman swore that
he was running the mill at the time, and he posi-
lively never gave 1t any endplay whatever in run
ming. There was conflicting evidence on the ques-
tion of novelty, also, and value of the invention.
The case was submitted to the jury upon the fol-
lowing instructions by Judge Hal.
That the patent as.for the combination OF end
play Of the saw shalt with guiderolers at the pc
rphery. But if a guide-pin was the mechanical
equivalent for guide-roller, being only different
form of arriving at the same result, then the use
of the end-pay in combination with guide-pins, was
violation Of the patent
That the words Of the patent, " free endplay,"
meant in application, sufficient lateral action of
the saw-arbor to accomplish the saving success
fully, as much end-play az the machine in action
ordinarily required, and, although there might be
a shoulder or collar, against which in it's extreme
action there might be bearing of the saw-shaft !;
still, it would be violation Of the patent to use
this amount of end-play in combination with the
guides 1t did not evade the patent to employ a
collar or shoulder, or other mechanical devices, if
still endplay was thus used sufficient for the ma
chine.
Upon the question of novelty he gave the usual
principle that if the patented combination was in
substance known and used with circular saws prior
to the invention by Page, whether 80 known to
him or not, then the patent was>void for want of
novelty.
The question of damages was left entirely with
the jury, to them upon tho value of the use
OF the machine, as sHOWI IN eVlueIco.
As there was much conflicting evidence both
parties went to the jury upon these instructions,
and upon argument by counsel Tho jury were out
during the whole night. In the morning they rem
dered their verdict, ard stated that they were
unanimous upon the following points:
/. That the patent was valid, being for an origi-
nal useful, and novel invention made by Page, the
patentee.
e. That the use of guide-pins and end-play in
combination was a violation of the patent
8. That they found for the plaintiff on all points
except rs to the actual use by the defendant of tie
end-pay in the operation of his machine. On this
point only they found for the defendant and there
fore rendered their verdict in this case for him.
They were not satisfied by the evidence that this
mill was run with the end-play by the defendant.
This case appears to have settled the disputed
construction Of the patent in favor of the patentee
AN EXTRA SESSION. hear that the Mayor
has called an extra session of the Board of Alder
men this evening, to receive the of the Cor
poration Attorney to certain resolutions calling
upon him for his opinion in regard to the cap
pontments." We would like to know what the
Mayor has to do with this matterg The resolutions
were net referred to him. The Mayor knowing
that several members of the majority are out Of
town or sick may think he can force those remain
ing to obey his will but he will find himself mista-
ken He must recollect that it takes eight to make
quorum, and his party has not that number.
LAST NIaHT-This is the last night of the sea-
son at the National. The performance is for the
benefit of Mr.. and Mrs. Davenport, who will ap-
pear in Evadne. The performance will conclude
with the amusing comedy of Paul'Pry, in which
Mr.. Jefferson will take the lea ling part
more attractive bill Is seldom offered.
BE CAREFUL GIRLs.---A little girl, by the name
of Thomas had her arm broken, yesterday, while
playing during recess of of our public schools
on the Island She was standing on bench and
about to take her seat, when she was pushed by a
girl older than herself and fell to the floor breaking
her arm by the fall. Be careful, girls
MErRoR.--A splendid meteor passed over our
city about eleven o'clock last night, startling the
beholders by the suddenness of its appearance
and the intense brilancy of it's light. Its course
was from north to west. During its passage, you
might have picked up pin from the pavement.
Those who Witnessed its transit, were under the
impression at first, that fire had suddenly broken
out In their immediate vicinity, but were instantly
undeceived, for, looking upward, they beheld the
glowing monster rushing through the sky, and
giving out distinctly the colors "red, white, and
blue"
ACTIyE ASSOCIATION This Association give
their first Cotlon party at their Engine-house to-
morrow night. The Active Association of the
Northern Liberties Fire Company give this party.
Be active" then, in going, "active" when there,
and "active" in doing good.
EMPIRE CLUB.-The first Cotillon Party OF this
Club will come off tonight, at their Armory on
Louisiana avenue
When belle and beau
viii trip the light fantastic toe"
To music's sweetest notes
How. SAMUEL F. VNToN, of Ohio, whom the