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

your appreciation Of my invention; but the truth IT,
that the Novelty Works have had that matter under
consideration, and are satisfied that by some i'll luck
they made mistake in recommending this thing
assure you, Mr.. Jones, II is the only mistake we
ever made, but the first time must happen TO all
accidents. We are now determined to use no cut off
Mr. Jopes-But this Is very remarkable. Our en-
pilo Ger was very particular about this, and told us
that yon had recommended the change yourself
The cutoff We now have is an old fashioned Sickels
cutoff which goes up u balfstroke only, and that
il the one which we want improved on in the new
sbips DO you really recommend us to retain that
sort in the new ship!
Mr. Allep-Not precisely. Your machine has
:" dash pot;" We should cali it controlling YES
SELF and we should exercise our "sagac.y" in ar
ranging the time when il would work, SO az to
radically change the general concatenation of
the sepispherodal, double eccentrcity of the tog-
gle joint In the nainmast, 80 as TO constitute a
valve gear" which we prefer to any cut off what
ever, and which ia harmonious whole" having
" NO abrupt motion" or sudden action" This Is
very difficult 70 explain, Mr.. Jones, but you under
stand it
Mr.. Jones assenis OF course, and retires, exclam-
ing what head!
Thus viii Mr.. Jones' ship, and all others, be built
al TINS patent expires without capacity to adjust
Cannot compel people TO use our invention. And
when the laws OF nature assert their superiority
the works Of man, and some unfortunate steamer,
with precious cargo OF human lives, goes ashore
Of the Novelty Works are not better respected by
the storm "tbas bloweth where it listeth.'
But Mr.. Allen is not the first gentleman who has
taken consolation in corsng the property Of another
which he has blessed when he possessed it himself
Sambo had flched rabbit from his masters war
ren, and be carried it along under his coat he So
hloqnized thus: "Oh, fat bonny, good for stew,
DiDah and the babies!' Just then puss gave
bound and was gone. Poor Sambo looked wistfuy
at her for moment, and exclaimed: "Oh, 60 home,
you half starved ongeared, popeyed cotton tailed
varmnt! you is enough TO pizen any one to eat ,u
yOu isl" Gentlemen, do you think that Sambo's es
innate Of the value Of that rabbit under these cir
cumstan ces should control the jury in assessing da
images for its theft?
How true to its first pattern is human nature!
The story Of thousand years ago has its counter
part to-day; and in the fable OF the iackdaw and
peacock we have the type Of this case. The jack
daw had plucked out of the peaeOcks tail some
feathers, and fixed them in it's own. How he strut
ted with these feathers which the richness Of the
bird of Jove had furnished and how his little circle
rejoiced in his glory II there had been engraving
in those days, the jackdaw would have had a pic
"The jackdaw's expanding tail" But the peacock
missed his feathers, and the jackdaw was araigned
before the other members of the flock. True it isl
said the jackdaw, ~ did not grow these feathers
myself-they came from the tail of my friend
the well featbered bird but claim furnishing the
movable tail in which they are fixed and refer you
to my well feafhered friend to prove that he grew
the feathers As the Dstigation went on, however,
feather after feather found its way into the tail Of
the king bird, whose damaged plumsge showed too
plainly whence they had come. The well feathered
bird stood by, but never opened his mouth, nor
made the claim which the jackdaw had promised he
would make; and in despair the poor jackdaw at
last avowed that the peacock had stolen the feathers
HIMSELF The assemblage broke up In derision, leav-
ing the poor jackdaw explaining to his astonished
admirers the disadvantages OF long tails, and the
great merit Of short feathers and plain piumage.
am met, gentlemen, by the extraordinary argu-
ment that Mr.. Sickels never did use the invention
with the way Of lowering the valve described in his
caveat and that therefore the defendants ought to
pay no damages for using 1t in that way. j rec0ect
the time when would have treated this argument
with the contempt which 1t deserves but experience
has taught mt bitter lesson on that very point in
this very court In the case of the patent of 1872,
where despised such an argument and left it unau-
swered. ana it killed my case. The answer il
this:-The law requires the patentee to describe
the best form OF bis invention known to himself;
and the reason Of that law is, that the public
may have the best information in consideration OF the
protection which they contract to give. II the in
ventor had put in his patent worse form than the
best. he would have committed fraud on the con.
tract by holding out to people false statement he
would be equally unjust If, in practising the inven-
ton, be should impose upon the public the worse.
when he lad the better way. But how does that
excuse the infriDger, who takes the invention and
degrades 1t TO base uses. My horse can be ridden
without saddle, as well as with one-he is fit for
both uses. A thief steals him out Of my stable and
rides him of bare back. He IN arrested and his
counsel proves by me, when called to identify my
property that never rode the horse bare back but
always with saddle, and further that had always
carefully avoided encouraging people to use the
horse that way. What splendid plea that would
make!
The facts Of the case have fallen on your minds
bnt TO create unfeigned astonishment and wonder.
You, gentlemen, selected from the various walks OF
lie, cannot comprehend the conduct Of Mr.. Horatio
Allen, and the others who have joined this crusade
against Mr. Sickes; and cannot let it pass without
Offering the explanation. In the production of an
engine there two classes Of persons needed dis
tnct in their Office and duties-the engine builder
and the engineer. The former Is the man who owns
the shop hires the men and makes the contract; the
latter the man who designs the work. Any one can
lie an engine builder who has money and chooses -
buy tools and skilled labor II is not even necessary
10 that Office that the person who exercises II should
look wise or learn the names OF things, and Ger
tain largon about harmonious action "valye
ger, perfect notion and the like; bu, these ca
pacties do no HARM and at times serve TO impose on
the Ignorant for the real gold Of knowledge.
There ~ no more reason why Mr.. Harper shonld
be asked 70 write poetry like Byron, or novels like
Bulwer. because he manufactures editions Of those
works with his tools and machinery than there Is
that the engine builder should know anything about
q steam engine because his tools and machinery
built IL. The parallel In just and perfect.
Bnt the engineer Is another creature. In the
great scale OF being which with God began, there
Is n created intelligence which approaches him in
dignity. Next TO the mighty architect at whose
bidding the ynst machine Of the universe came into
bcing-whose cunning band moulded the wondrous
mt chanism Of our ffames-he stands, creating out
OF the airy fabric Of the brain the magic forms which
never die. Look back upon the track Of time, and
what survives It's wreck. Here and there upon thoc
strand solitary monuu ent OF literature, OF marvel
l0us b. sufy out Of the millions OF books which have
4, hghts their millions OF men-survives TO tell us
that the rest have persisted; but every creation of
the engineer from the first dawn of DAY to the pre-
sent hour exists among us. "A time rolls on il hut
wideEs the circle, and adds glory TO the memory Of
those whose works survive them. The names
Of millions have perished, but the thoughts
hey thought viii never die. Their blessings,
ike the air and light, are now our daily
life; but when We reflect We know there was
a tine when they did not exist, and that the
art OF the engineer produced them all. Civilized
men have reared their monuments, and worship at
their shrine. The mighty temple, whose ofty
arches sprang into the skies, above the trees Of the
forest. and the palaces Of kings, erected by great
nation ard devoted TO them Is the worlds tribute 70
genius, the acknowledgment Of the mastery Of the
mind. As stood within is crystal walls au,aazed