, 1865-11-03
4 Photographic fnbroG1io Suit Of
Original luventorx for Copyright.
5Ero,,1 a Cfnriun4ti fsnr,merrfAI II

A1ler three days argument by A. TAFT. Esq,
counsel for defendant, and 8. 8. Fisher, Es4.,
Graham rs. Benn pitmann, before Judges
Swain and Leayitt, in the Circuit Court Of The
United 6tates for the Southern District of
Ohio, the case Wns disposed Of for the present,
being referred to Master.
The Photographic art, now SO extensively
used By reporters and professional men, as
stated By NJ. Tntt, was invented IN 1910, by
Mr. Isaac fltman, of Bath, England. It was
shown that Mr, Benu pftman, the defendant
In the case, though laying no special claim to
invention, assisted his brother In experiment.
Ing With his system prior to Its first publica-
tfon, and that he has been intimately connect
cd with the perfccttag and the PRONUNCIATION
Of photography up to the present time.
In !eal, certain Improvements were sng-
suggestion Of his brother, came to this coun-
try to engage In the Issuing OF photographic
publications In the United States; but not
until 1856 we're these Improvements 20 FIR
completed as 10 warrant their incorporation
Into the System.
earnestly discussed In the Photographic Pc
1iodicals Of this country and Engfand. and a
great number Of tie leading reporters Of both
countries adopted them In their practice.
Early in 1856 lr. Isaac. Pitman determined
upon introducing them In tho elementary
instruction books. Wishing to secure some
benefit from this improved system, he sent
a copy Of the improvements to his brother,
Benp Plttman md afterwards another
copy to Messss. Fowler d Wells, Of New
York, in whose employ the complainant then
was. In the absence OF an international copy-
right law, 1t appears nothing was done In the
way Of securing these Improvements By copy
right. In 1851 these same improvements ware
published BY the complainant In this salt,
nd Ind tt t1I-
ard or American Photography" Nj. Benu
Pitman, In his subsequent publications, en-
p1oyed them, as be considered hc had per-
feet right to do, and It Is to prevent him from
using these improvements that the present
suit was Instituted.
That Mr.. Graham should come at this late
day and attempt to turn the owner bnt Of his
own house, and then to lock the door upon
him, which WIS virtually, what would be done
BY preventing the publication OF phono-
graphic works with these IMPROVE.
mcnts, was argued BY counsel Ia BE-
neither Justice nor Ian. Mr, Graham's
original claim vas that be WAS the orfoina-
tor and inventor Of these improvements, bpt
the volumtnous testimony upon this point
las led him 10 abandon thai claim and he
now sues upon the claim that he was tic first
TO emhody them IN an instruction book, and
that. therefore, US atguel by his council, he
has the exclusive right hereafter to use them
rs presented IN Ills books.
4 yast amount Of testimony has been taken
ita this case. The leadinE reporters Of New
York and Washington testify IS TO the origin
md use Of every one Of the Improvements
but IS the judges, with all their 1ea1uipg,
were unable to solve tho mystic Photographic
prombiem contained in nearly one hundred
volumes Of photographic exhibits, the csse
was yesterday referred to a Master 10 report
upon the taets, and the case be finally dis
posed Of tn the april term Of tue United Statee