The Washington union. [volume] (City of Washington [D.C.]) 1857-1859, 1858-06-20

then follow that hcwoud be bound to exhibit tenlin
his accOrntB manifest impossiby, it IL scarcely ne
cessary to say, Ia the great majority of i "
The first step la determining the sufccncy of the
muneration Ii to ascertain, far practicable the
amount Of the applicants receipts and expenditures In
conncxion with the invention. The apparently dscrep
ant and informal character Of the accounts filed has pro-
voked much severity of criticism and denuncation
the part of counsel IL admitted that they have
not the precision and symmetry which belong the
ducts Of the counting and which might have been
impaired t6 them by the applicant had ho been
chants clerk, instead OF the brilliant and mplsve
genius that he H. In explanation of the generality and
uncertainty for which IL b insisted they Marked 1t is
In proof that the applicant kept any books
memoranda from which reliable statements could
be prepared In this respect his of life has been
IN entire harmony with that bf the cla to which he be-
longs Inventors and other of high creative genius
have been distinguished for total want of what Is
called 'business habx.' Completely engrnnd by
fayorte theory. and living IN the dasling dsoms sf
their own imagination they scorn the counsels and
restraints Of worldly thrift, and fling from them the
petty OF the man of commerce the lion
shakes q singing insect from his name. The law,
In its wisdom, takes cognizance Of human charac
ter and deals with and with classics of men
1t finds them II seems, in this instance, 70 have
sumcd and justly that If would have tho magnificent
creations Of genius, must take them with all those in
hrmtes, which inseparabe from them spots
from the Hence tho statute does not require
that the accounts of inventors shall have that foalty
and that cxactitude which might well have been
claimed Of merchant with his ledger open before him. All
be "scnay in detail to exhibit true and faithful
count of loss and profit in any accruing to him
from and by reason of said invention 1t is manifest
that is to the results indicate Gloss and profit
rather than the minute elements of the transactions which
form the subject OF the account that the law looks The
applicants statement amended appears to have been
compiled with the most laboous care, and from every
source Of information accessible to him his attorneys
1t is regarded fully conforming to the letter and spirit
of tho statute The principal discrepancy between the
original and amended statement is satisfactorily explained
The applicant held at the moment three patents for
processes connected with the manufacture Of India rb
ber viz that of Chaee that Of Hayward and that for
his yulcanixng process In all his contracts, he
transferred these three patents together making desg
nation in the body Of the assignments Of the estimate
placed upon either of them separately In his original
statement, he inadvertently charges to his patent
the whole of the receipts from this in his amend
Ient, he sets the Chaee and Hayward patents down
properly Chargeable with fourth of the proceeds OF
such sales, and Makes accordingly, corresponding de-
duction from his exhibit Of receipts The language of his
first statement properly interpreted In the light Of the
assignments themselves, justified this step. Whatever
those patents may have cost him. they his property
and it due to truth and to the claim under
sideration that their actual value should have been
ascetained. The witnesses who speak of them prove
conclusvely that the applicant has rather under than
overrated them, which relieves him from all mputation
in the matter.
What, then. has been tho amount of the applicants
remuneration His account amended, exhibits 1872,
894 O9 of receipts and $r29 535 4G of expenditures
thus showing profit Of 433, ,S58 63 Numerous intcl
gent and unpapeached witnesses having intimate rela
Ucns with tho applicant and acquainted with his bust
ness affairs have deposed In reference to this account
and their testimony, without exception powerfully
supports its truth Considering the remoteness and
picated character Of the transactions the statements in
this paper illustrated and sustained with singular
force The rebuttinS evidence assals directly no item
either Of the receipts expenditures but consists Of the
opinions and conjecturcs Of large number of witnesses
who clearly had Of knowing either the truth
alsehood OF the matters set forth in the account They
foff
ed such large sums in his experiments because he poor
and this Is the sole basis of almost every opinion
pressed on the subject. Had these witnesses known
what this record makes apparent the overwhelming
debts which have hung the applicant throughout
his long and self sacrificing career and many of which
still bear him down, his enormous outays would not
have been to them 80 mpenetrabe mystery The very
elaborate report Of the examiner after scrutiny
tho expenditures and receipts exhibited the
account and in doing increases the applicants profits
to $1l4 1913 09. In arriving, however, at this conclu
sion, he has excluded two items of expenditure which
well satisfied should have been retained The first is
for S13 3lO and is not allowed because for disbursements
occurring before the invention discovery made
The act of Congress directs inquiry into the oss and
profit in any accr,lng to him (the inventory from
and by reason of said invention" Whether wcrconsut
the letter of the law, entertain doubt but
that expenditures made in the progress of experiments
preceding the invention, but looking to it, clearly
chargeabe to the patent those made aterward either
in perfecting it introducing it into The other
item Is for SAG Os4 49, set forth in exhibit No g. and
at loss to perceive any sufficient reason for its
lection. The applicant alleges expressly in his sworn
statement that the whole of this twas expended
by him in pcrfccting his said invention and bringing
| the into use. De Forest, who advanced the
ney, and who holds the drafts specified in the exhibit
when nterrogated the point says explicitly that it was
applied by the applicant to experiments In developing
his improvements and applications and branches Of
the India rubber manufacture " and this statement is
nncontradcted The fact avercd and not denied, that
De Forest has not been reimbursed these advances which
constitute subsstng debt the part of the applicant
furnishes argument against their being charged to the
patent. All moneys expended upon the invention and
its introduction into properly chargeable
matter whence or how obtained Restoring. then these
items and adopting the other corrections of the exam
ner there will still remain to the credit Of the invention
a clear profit of $54,733 So The applicant In his
amended statement acting under the promptings of the
high of honor which led him to satisfy an in
debtedness Of $35, 900 from which he had been dis
charged by certificate Of bankruptcy, shrinks from
debting the patent with any expenditures the partcu
lars of which he recall with degree of GER
tany, but while doing SO, unhesttngy expresses the
belief that they quite large the set forth in
gross in the first account 1t probable indeed in view
of the whole testimony it my firm conviction that If
it possible TO extract from the tangled Of the
mutarious and half forgotten transactions con-
nccted with the invention all the moneys expended
therein it would be found that instead Of there being
balance to i credit the balance would be the other
side am justified In arriving Mt this conclusion from
the fact that although the applicant has had other
occupation business, yet instead Of having in
hand this Of S54 63 he is admitted to he penni
less and overwhelmed with debt-and this too notwith-
standing his life is shown to have been temperate frugal
IL n NJ. =