The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-08-13

papers. This Is not denied directly, but Mr..
Seward insnuates that he had some private
communication with Mr.. Marshal about this
case which, II his sense of honor would
averment. The Impression which derived from
the few minutes interview had with Mr.. Marshal
is such that cannot believe 1t possible he ever said
anything about this case to Mr. Seward but the
truth, and know the truth to be as Mr.. Judson
stated it. Mr.. Seward, however, resorts to COM
mon device to SANDER Mr.. Judson but Is caugnt IN
his own trap. He clothes his Islander in this Ian
guage -
aude 10 what was said 70 me by Mr. Marshal upon this
point but cannot without consultation Win nm repeas
what be said; but am 1t liberty 70 state tnat Mr. J1d
sons assertion, that he had no connection wn tue oAi
nnO.e CAGES would be much strengthened II he would
produce from Mr. Marshal statement 10 that effect
The English of which is that Mr. Judson publish
ed an untruth, well known to be SO TO Mr.. Marshal,
nent, Mr.. Seward; but that from motives of deli
cacy somewhat like those which actuated Mrs.
Stiggins who from motives OF delicacy always kept
her gin in teapot-the aforesaid MIR. Seward would
not expose Mr.. Judson. Unfortunately, however,
for Mr. Seward, have the very certificate of Mr..
Marshal which he calls for in the shape of letter
written to me July ~, before this opinion was pub
lished, and before any expectation existed that
these issues would be raised, in answer to an in
quiry addressed by me to him, whether it was true
that final hearing had been agreed to in these
cases. After explaining the reasons why his clients
for them), Mr. Marshal adds =
As for the form in which the up, IL did
not know 1t, Il was no fault OF mne nor am aware that
Mr. Judson undertaken any thing connection with
tns cage hey ond furnishing me with come few papers
uaed am unable 10 see that his CAGE at all preudced,
further than the other side claim the decree giving
moral weight ~ their cause.
And further, after stating the measures we have
taken in vain to induce Mr. Judson to assume this
defence for the defendants Mr. Marshal adds, $50
you will perceive that Mr.. J. has no connection
with the case further than the interest he had in
setting up his title" This letter was written to in
form me Of the true state of the Mr.. Marshal
assuming, as the truth was, that ] was ignorant of
it-and IT never was expected to serve the purpose
to which it is now admirably adapted but have
noticed that frequently these Day gentlemen call
for proof they do not expect to get and find them
selves suddenly confronted by what they have sup
posed not to exist. The truth is mighty and will
prevail.
As to the attack upon me for the few remarks
upon the case in my short letter have this to re-
ply:-When read the opinion and found no men,
ton made of important documents, but their exist
ence virtually ignored, ! inferred that the Judge
did not see them 1t was only an inference, and not
statement of fact, and like all other differences it
may be erroneous One Of the facts from which
drew the inference is this: Judge Giles says in his
opinion
Is rot then perfectly clear that the acts of
Goodyear concerned, in of those
Indication that he meant, when he used the general
term "shirred corrugated goode in the contracts Of
1885, to limit them 10 the articles mace under the patent
Of March lS442 On The contrary there not every.
thing TO convince the Court that he meant to include all
kinds Of shrred or corrugated goods2
But by referring to "the contracts of 1885," which
are thus broadly asserted not to have been design
ed to restrict the rights of Day to shirred goods
"made under the patent of March 8, 1S44n It will
be found that, in plain English words, his rights
are expressly SO restricted. These contracts are
in five parts-all constituting one agreement. The
last one is dated December 5, 1916, and it is the
one which Day swore, in his answer in New Jer-
sey, designed to express the true meaning of all
the others, in order to be placed on record, and
thus give notice to the public of his rights. This con-
tract is Goodyears grant, either alone, or in
connection with those which precede it, and it thus
reads:-
Now this ndenture witnesssth, that for and In
sideraion of the Of i've thousand dollars,
hand paid by said Horace H. Day. the receipt whereof
hereby acknowledged and the said Day released
from the same; and in consideration Of the conditions
hereinafter contained by said Day to be performed,
have assigned Gold and set over and do hereby assgu
sell and set over TO the said Day, his exceed
tors administrators and assigns the sole and exclusive
States, the machinery in said above reced patents
described, and make and vend the shrred
goted goods in said patents mentioned and TO in the
prep sraon thereof, and also 10 the preparation and
manufacture of india rubber hose patent boats, Gsi,hs
patent cotton oates and Days patent chairs and se.tees
the compounds and fabrics said letters patent
for and during the term Of said letters patent and Of all
renewals and extensions thereof
Placed in parallel columns, the contract, and the
Judges opinion of it, present the following striking
contrast