New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-08-06

UNITED STATES CIRCUIT COURT-AuG T.
THE GREAT EASTERN n TROUBLE-HER PRoPELLISG
POWER ALLEGED TO BE AN INFRrHGEMEsT OF An
AMERICAN PATENT
The pitiatory steDs have been taken 10 this Court,
by Messrs Chas j. Gilbert and 5 smue ). Armstrong,
assignees of James Elnathan Smith % libel tho Great
Eastern in suit of damages laid at so 600 for alleged
Infringement Of certain American paent rights in the
peculiar arrangement of tue propelng power OF the
big snip. From a letter of Messrs. Alkeu * Fuller,
eour for Hessrs. Gilbert and Armstrong TO the com
mander of the Great Eastern lated Juy rs, these facts
sre gathered ~
On the lah Of March 1873 James Ensthau Smith Of Green
port New-Yok obtained letters pten Of the Unet states
s for and S s. Of ,1a s s nj S sn
screw. Application was then made TO the Eagi'n snsne.n
combir alton They pronounced it psctesbe and yes the
Great Eastern has been sO1.troeeS hPn Peci.e ts pd
By e h and r adus Sss sd
privilege American patent they stricE such TO
ia The proposed excursion OF the Crest E,.,
ern Cape May was hen an 9ias e o. TINS pa ent being
init vessels of foreign friendly nation (usng Amed
patent tLe construction or equpmen to enter ports for
IN the Brown Duche.ne Judge Quits held, TIA.
gn vessel. visiting our ports 50 aess q; or
I'M the sse case announced the opiaOn Of the Appess
that the rights Vi property and the exclusive granted
one of ports that the OF such
construction hitting out equipment q such vessels Which she
coming into going out Of pot Of the Und Sss not
an inf ngenent Of nights OF Am rcsu pente provided
it placed upn her Il foEen Poi aud authorized by tho
The opposite doctrine held ia England in the case Of Cad
Vice decided thst exclusive right under
gsb patent will be enforced against foreigners, while in Eu
gland the and to the extent would against
british subjects; and therefore, foreign
caused be in their country and sta:hed to their
vessel steam propeller the manufacture and use Of which wa
BY law there but restricted in Engnd BY patent
and sen; the vessel with cargo os the purpose q
by injunction while the vessel should be within the waters
Of policy and iii fer the Legislature, and not for hs
CoOIts dssl with that question: Ny any Il 20 sSaai.tsr
eou sci for respondents in the decision da
appeal the but TO remedy The 70 the APP
and of Victoria ehaer 80 in accordance with the aug
Our Courts without the AID oflegaOn recognize the right
Of foreign patented Amsncan improvements out
ony while the engaged in between
and torrin country certainly signed to be
permit vessels 10 come here abandon theI foreign
an waters Under such circumstances he weasel oses
its distinctive foreign character aud the exc hpaon 'Aas
In their letter the counsel for tie orln dcam any s's
ony an NEUTRALITY-SUSPICIOUS. on the part Dter' Of the
adoption American idea 10 he arrangement Of ne" p'
The declaration in and upon which n, su Is o.ee
aes the issue Of the patent e Sis i placed At $4,000
then has the following p eA eSu defendant, well know
"a A cd these plaintiffs a GIf and Intending h i
plaintiffs in that behalf &c. Nc o. the S a All southern
s,t o, Ne~YcrE the deicud being thea the master S
the ste anshp Great Eastern, departed nom tae p so.s,
York upon certain private xcursion and andet
ina tho Colccto for tne Por Of Se" n.3
along c tie New Jerse, sao me waters
states returning again along said COAST ana ~ tne
within III. jurisdiction OF the Unei states aaa :. VIC a1ins
aud mes neither being engaged IN iorea uahs nv ax.ss
into going out Of ports Of the Onsea ssa' IN lie
30 and from foreign country usedas the N wv
propulsion Of sad steamship said yrovewen In s@a
patent described In violation Of has Of these
| sc, &c.
The follow ing extracts from the specifications viii give w.
sral idea OF the scop. OF the patent; Am.
The nature Of the hs psIt OF my inventon CONSISTS 70 a
with the paddle wheels constructed in deeo
mer placed Ihe sdes of the vessel propeller OF P
ers placed the Of the vessel the axis Of when
parallel nearly sol with the ke.l OF the vessel so
shall be impeld BY the joint action OF the p9pea
propeleis at the seIn and the pdiowhee at the ias
Joint sction having the eject shown by expenen ~
the vessel with giea velocity aud sesiiy win
force than by the action OF the paddle wheels ORR
proPeilen separately
And the second part OF my Invention eop. aropeisr
paddle whe. when used in combination via ssits ths
prop.Ners at the forward OF the ee' thus
that portion Of the action me PSw OF ve..sl
placed may have the effect 20 partly s ezs oil ss aeooa
while the propeller COR propoeD 81 'he
to lmpel the vessel forward. ,,on