New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-08-10


enlarge the scope Of those Instruments In the oase'
in New Yoik such al attempt msde by the client
Cf Mr. Judson, AID the affidavit was before Judge
Giles al Baltimore. TIA. sttempt stands solitary ard
alone. Il was Intellectual for any purpose, and Is use
full only monument to warn clerts not to permit
themselves TO be Induced BY tie mistaken zeal Of their
counsel 10 epdeavor by their ostas 70 determine the
legal effect Of written instruments.
The broad Interpretation put by you upon your title
Is neither novel For ungsrran'ed In 1876 imneii-
ately after you acquired the title you commenced,
! uLder IT, the manufacture OF woven SHRED goods,
well as of cemtnted shirred goods, and you con-
| tnued the manufacture AID sale Of both kinds, until
you conveyed all your interest in the title to those
| who Immediately formed Tie Congress Rubber Com
psny.
II the certain end is to be ga repetition Of for
uer defeats eaa only say, sufficient unto the day
is the evil thereof" You have fual decision in
your favor and doubt not that its contemplation will
afford you more satisfaction than you could possibly
derive from specula.ions to the probable fuliment
Of doubtful prophecy
The last allegation is: The bject Of this parade
"of decision in all the pspers Is obvious. II is to
enable Day TO frighten merchants into paying him
something before he is etoined by me in the suit
pending against him."
! This statement is partly erroneous and if under
stand your intention, is also partially correct. 1t rs
your intention to do al that you may find it necessary
TO do in your business before Mr. Judson procures an
Injunction sgsinst you in the sut to which he refers,
aud this for the simple reason that junction in
that particular suit be actual fact. Tnst
suit was attempted to be used Ike the sword of DAM
| coles, and has hurg suspended about year, having
obtained among your counsel the sobriquet of The
I 6 Dat t,,,yr stgi nsel
often requested that the future might be merged ia
the present tense ard that The suit might actually
be commenced but Mr.. Judson found it inconvenent
to socede to their request TIL he himself had been
made defendant by you.
The object of furnishing the decision to the press Of
the country is as correctly alleged, obvious" 1t
was to inform tie public that your claim had received
from one Of the abest urists who adors the Federal
Courts al authoritative and final decision that the
merchants importers and other persons interested in
the manufacture iml tstion and sale Of elastic vul-
canized india-rubber goods might know that, so far
as the law could co it, ii had given you an exclusive
monopoly Of the re ht to manufacture, import and
vend such goods and finally, that, if tribute was to
be paid for the right to participate in the enjoyment
of that monopoly, you were the persoa to whom the
| law said the tribute was due.
|
cancd and an unfair attempt to deprive you by i'm
proper ne ans Of the benefits and beneficial results of
a vetors which was only won after severe contesta
tiou. use the phrase Improper means aivisedly.
Certainly that phrase properly denominaes and desig-
mates msstatements and epithes, and insnus,ions
upon the integrity not only Of counsel but Of the Court.
To these in ipuatiors and eptbets have not deemed
IT proper to advert. They are the invarabe accom-
paniments of charges and statements which ought not
to have been made, and derive all their Importance
and point, not from the person who uses them, but
| from those 10 whom they are directed and applied.
There is ore statement in that portion Of the card
which is signed by Mr.. Dickerson to which deem it
proper to allude. He says: 81 do not nom know
what papers were laid before the Judge, except
from the opinion) upon what he decided; but as
every important papers are not mentioned by the
Court, conclude he did not see them
1t would seem to be the intention Of this statement
| to convey two impressions. First. That Mr.. Dick
erson did at one time know what papers were used
before Judge Giles; and Second That certain papers
affecting the supposed interest of Mr. Dickerson's
| client had been used in New-York, but were sup
pressed Intentionally or otherwise, in Baltimore Esuch
its intention have to say in regard to the latter
portion Of it, that every paper which to my knowledge
was used by the defendants before Judge 1ngerson
when Nh. Judson says he stood in the position OF the
defendant was used by the defendants in the Bati-
more suits and among those papers was q copy OF
the identical bill of complaint which Mr.. Judson says
be las now filed for the purpose Of putting an end to
Your crazy claim. lG addition to those papers the
defendants produced other papers relating to other
portions Of the India Rubber controversy, and sought
| 10 prove from tben that the Nashswannuck Com
"pany and T. 1. E. Mr.. Juison, were the licensees
a" for woven elastic rubber goods
Although all of these pspers are not aiverted TO by
the Judge his silence is not to be construed as evil
dence of the fact that the papers not before him.
but rather as evidence of the fact that he regarded
the papers, and the title which it attempted to be
made out from them, alike worthless and unworthy
ofremalk.
| And now my dear Sir, permit me again to congratu-
late you upon this final result in your favor which is
all the more to be appreciated, because by adverse
circumstances 90 long delayed. It is neither unex-
pected nor singular. Similar results have been ar.
rived at in other suits but contested those other
suits WERE they had attracted that degree of puo'
he attention which has been bestowed upon the suits
| in Baltimore. That you succeeded there IS but an
other in the series of proofs which various decisions OF
the Courts have furnished you, that the interpretation
placed by you upon your ti,le-whch was adopted by
the Congress Rubber Company and sustained by the
Courts when that company sought to enforce it
which was publicly stated various occasions by
M Goodyear hin self to be the proper Interpretation,
and which was and is supported by the opinion and
belief of all your counsel is in fact, the true and cor
rect Interpretation.
| lam. very respectfully and truly yours
! CLARENCE A. SEWARD.
| No ~ Nq..qu-.f. Seuc York August Q, lee
|
I LITTER r. 7. A.. JFSCkEs.