Ashtabula weekly telegraph. [volume] (Ashtabula, Ohio) 1853-1873, 1860-09-08

THE SEWING MACHINE CoNTRovERsY.--.A
Few Facts for Iaquiring Minds.-George B.
Sloat, in card to the public, afirms that
Judge Nelson's decision is that of an inferior
aud petty court, which has been virtually an
nulled or reversed, by the recent decision of the
Hon. Chief Judge Dunlop of the Circuit Court
of the United States and Mr.. Sloat alfrms in
previous card that there is no appeal from
Judge Dunlop's decision, that it ends the cou-
troversy etc.
Fact No. l.-Mr. Samuel Nelson is one OF
the judges of the Supreme Court Of the u S.,
and was sitting a! CoOperstOwn, in his circuit
jurisdiction and from bis decision there is only
the right Of appeal to the full bench of the U.
S. Supreme Court.
Fact No. mir James Dunlop is Chief
Justice of the Circuit Court Of the District Of
Columbia, having authority by act of Congress
ichap. SO, sect. ~ 10 hear aud decide cases Of
appeal from the commissioner Of the Patent
Office, as to the granting of new patents, or the
reissue of previous Ones. And the same stat
ute provides That no decision of the judge in
any such case shall preclude any person inter-
ested from the right to contest The same, in =Hy
Judicial cGGft, in any action in which its validi.
~ may cone in question:
Fact No. 3.-'lhs decision Of Judge Dunlop
was given July 81, and that of Judge Nelson,
Aug. IL.
Query No (which is the petty and iHfe-
rior court, Judge Nelson Of the Supreme Court
OF the United States, sitting in Que Of the cir
cults, or Judge Dunlop, of the Circuit Court of
the District Of Columbia
| Query No 2.-How can a decision Of July
| nUla .,,b. 81
weeks after, on Aug II +?
Query No. 3.--ISnot the assertion OF no
appeal aud end of the controversy intended
to lasily the real facts Of the case
Fact No, Alt appears that the matter 10
issue before Judge Dunlop was merely whether
a reissue Of patent should be granted to james
q. Wilson, as assignee of Aiken & FelIhOuson,
the original paleulees for the wheel feed de.
vice, the commissioner having decided that /.
NJ Singer was the prior inventor, and it does
not appear that any other than Mr. Singer con-
tested the point, or that the question of the
date OF A. b. Wilson's invention of the friction
feed, entered into the feeling at all The res-
sue was ordered by Judge Dunlop, and what
ever j. g. Wilson may claim, OF Mr. SlOat un-
der him, the courts may sustain or overthrow
their claim as the matter may appear on the
trial Of any contested case that may arise on the
merits OF the relksueu patent
Fact No 5.--In the hearing before Judge
Nelson, the entire merits. of the Fiction feed
we're gone into, and all that could be brought
10 bear against the A. b. Wilson patent was
offered 10 evidence, Mr.. Sloat bringing out bis
f. J. q. Wilson's patent, and putting Mr.. AikenG
b This original inventory himself upon the stand
Aud yet Judge Nelson says 10 his decision, az
Ter reviewing Aikens' evidence, that 'aiter q
7" very careful analysis and examination Of the
Is proofs OF priority, the weight is all one way
i and that Is against ts pretensious sci up in BE-
IL hdg cf sfkensi And his decision fully nus.
tans The A. y. Wilson patent as against the
70 ). u. Wilson, or the SOat claim, or any Other
D. yet set up. This decision can be carried bv an.
lt peal to the full bench OF the Supreme Court a,
II Washington, OF which Judge Nelson il a man.
: Der aud Judge Dunlop is not, and then NAV he
oVerthrow0 or sustained, as its merits NAV be
% made TO appear. II II Is sustained, Mr.. Sloat,
loud trumpeted decision OF Judge Dunlop 4
o worth no more TO him than 30 much blank ma
: !, per, nor is il worth more in the interysnin,
time from the decision Of Judge Nelson.
II Fact No. 6.--Since the order Of udge Dun
3 Iop, the Patent Office has declared an iuterer
enee between the AikenS 4 Felthousens patent
and A. B. Wilson'S james g. Wilson no,
: has an opportunity 10 prove before the Pa,eu
9 Office the priority OF Aikens & FelIhousen's il
1 veniion TO A. B. Wilson's If be Gao, and tha
nj Jadge Nelson 10 wrong.
COReInsiOH.-It is very easy for unSerupI
lous persons to make very high sounding bu
: incorrect statement oet Of very seanty matt
Einla.