New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-09-06

When this suit Was sbocf 70 De rticrre~ !" Nosu-
selcr Ws,sortb he Saw from It's very nsture tnat II
NOS, be a subject Of gree: labor and difhcuity, ana
be decilnsd to give up his osn business and assoao
the outies Of tie refererce imposed. unie's he vas
assured of fair compensation. THIS the parties wei
knew, sni Asseltedt,.
The parties have had the msrageuent OF their
own cause, ASKED such questions as they chose
and have been as long short in asking them
a. they ssw 6t and the Master has been IN no way
respot sbe for the time occupied the line OF proofs
introduced Mr.. Burden has introduced such proofs
as be preferred. The extraordinary course pursued
by the oopplsuants has in fact been the sole cause
of the time occupied 1t ouy necessary to refer to
the decree, and the character of the complainants
testimony, to show this
The decree requires the defendants to account
for the prof they did make IN the manufacture OF
hook headed spkes in violation OF Burden patent,
between October 1915, and April 1888. Now, CON-
mon sense teaches Us that the proofs required Tere
Jroof IF the amount Of SPIKES the defendants made,
ickGt u cost TO make them, and rhdt tA<y sold for.
The decree does not require amount OF what prohs
should and might have been made, but only of those
II at rere made. Tnis coui only be proved by Proc.
Of the cos. and sales prices of the spikes made. Did
the complananis intrcduc any such proof Not one
word of it, This they dare not do. Hsd they done
this all their fabulous pretenses to recovery would
have been ended at once. In the place OF this plain
and sin PIE line Of evidence there hs, been at least
year and half spent upon hypothetical evidence in
trouced by the compliments based upon the opera
tons Of their works for term OF years, embrace
ing millions of manufactures. Account after account,
and volume after volume Of this kind Of evidence sue
ceeded esch other TIL it multiplied into thousands of
toos All this was duly objected to by the defend
ants g. useless waste of time ard money, but in
sisted upon by the complanants. After repeated ar
gumepta the Master decided that technically the CON-
painalts, if they nsi,ted upon it, had the right to
such proof as in that stage of the reference il i'm
possible for him to say tost it entirely irrelevant
This me s. extravsgsnt, waseful and useless line of
proofs necessarily involved he most elaborate exam
nation That the cross. xsminaion Was very much
longer than the direct, every man at al acquainted
sith legal proceedings will readily see. The Gem
painants came tito court with cunniugy prepared
volumes OF matter from their own works, with which
{, measure the dttendan, rights. That they would
submit to this without the most rigid scrutiny, was not
to BE- expected To stt anayze, and show the worth
lessress of this structure, built up in the hidden re-
ces ses of the complain ants factory framed and con-
tryed as it was under the advice of lawyers, parties,
and agents, was indeed work OF hercuean labor,
and few Masters would have had the patience, firm
ness and endurance to have heard il out to the end
Upon this mos useless matter about 900 foos OF
proofs were sken and third OF the entire expense
of the reference caused 1t is parties who thus con-
duct their own cause that complain of expense and
DELAY. and are abusive of Masters and Courts Every
cent of this expense the Court ought to, and have
no doubt will require the compliments to pay, ire
spectve of the result Of the suit.
Again: When the Supreme Court remsnded the
cause to the Circuit to enter the decree the complain
ants presented and entered decree not at all In con-
formty to the decision and went on under it TILL the
erroneous provisions were about 10 be acted upon,
when the precious discovery was made. Did the
compliments voluntarily allow correction Far
from it. The defendants driven to motion after
motion to obtain the correction which was resisted az
all points. And the reference was delayed by orders
Of the Court and by the of the compliments,
for about thirteen months. In Mr.. Burdens anxiety
to defame, he entirely omts to state this fact.
1t was early decided in the cause, that under the
decree, the ircn from which the spikes were made
was TO go into the account at its market vaue-this
being plainly the law Of the case-and still in the
room Of proving what kind Of iron the defendants
used and its market price, the compainants actually
dragged the reference to the City Of Nsw.fork, and
produced an array of agents and factors Of English,
Welsh, Scotch, and Swedish iron and proved-st an
expense to the parties Of more than $2OOO-the
market value, in England, Of every possible variety
of foreign iron known 70 the commercial world, and
all the charges, commissions, freights, &C., Of
their importation, they k.OriAg perfectly rel that
81. ~. Cd N md Of rOU
All this was objected 10 by the defendants, but in
sisted upon by the complanants the Master deciding
that he had not the right to reject it, but advising the
complain ,nts at the tme that, in all probability
it had nothing whatever to do with the cause. Va
rous importers were also called from Boston to Sar-
atoga, for the same purpose.
Again, this is the party who publishes letters
abusive of the Master and the Court on accout of
expense, and the denials Of justice
Did Mr.. Burden suppose that any Master would
spend year after year following party around the
country who conducted his own cause in this man
ner, without compensation Chancellor Walworth
has indeed name and reputation Of which any man
might well be proud, but this cannot give TO him daily
bread nor support. Is Mr.. Burden too poor to pay
honest rewards Of labor He processes to, and
suppose does, roll in wealth.
In the earlier stages OF the reference, month s,ter
month ives spent in examination of tue complain
ants witnesses as to the cost Of manufacturing iron at
their own works, with view to show the value Of
the defendants iron, all Of which wss aftsrward
abandoned as worthless, a. the market valas of tho
iron the deendants used vas TO be the standard This
is another specimen Of the proceedings Of the com
plainants supon this reference.
The complainants seem to have been anxious 10 DO
thing and everything except to come to the merits
Of the case Comm unication after COMMUNICATION has
been foisted upon the public, through little papers
and big, and the . have made their great