The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-10-25

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Henry burden ". Erap 10 Csrnins-Twenty-
feur Years LitixaU or Enerinyus Fees GO
Lawyers-The Case ks.in IN Court.
A 'ne NOUN Oh nv stream called the winansxili,
IN me Guy o. Troy On the east bank Of the Hudson
nvsr, arc "'o' ed the two celebrated and rival iron
- known the Troy Iron and Nail Fac
UD' rS~Aed by Henry Burden Sons, and the Albany
l'A works, owned By Erastus Corning John ,. Wins
low 3 Company
For thirty years past they have been rivals, side by
side conducted their business with wonderful energy
and success growing larger and richer year By year. till
there seems TO be TO their greatness and no limit
70 their enterprise and wealth. Out Of this rivalry has
grown the famous hook-hsaded railroad spike machine
patent case, twenty -four years old in the courts be-
ana nov so
than $4,000. M. Henry Burden, now in his
seventy-s!th years, il native Of Scotland and me-
chanic and inventor In his early days he originated
and perfected the spike machine and bis competitors
wnsow Corning and Company, Il they had the gift
priating Burdens invention on which lie had Obtained
patent and making and sell ing hook headed spikes In
the market 70 the damage Of said Burden and 10 breach
Of his patent right He not however, Of forgv-
ing temper TO let those things pass unnotced and
therefore Burden brought his suit against Corning and
winslow in 1s42, for an Infringement Of his patent and
Bleak House, by Dickens in which the Chancery suit
Of Jarndyce va Javndyce has made the laws delays no
torious over the world and the least moral effect Of
which has been Parliamentary Reform or tho English
Chancery Court no cancatnre in view Of this case
Indeed, truth 10 stranger than fiction.
The suit brought in the Circuit Court Of the United
States for the Northern district Of New York. before Mr.
Justice Thompeon who was succeeded ~ the ce oy Mr.
Mr. Burden verdict for the amount OF damages claimed
Exceptions taken TO the decision by the defendants
and further hearing had NJ the following term OF
the United states Circuit Court held al Canandagua, in
June 1S43 when the motion for trial denied,
and leava given 10 Mr. Burden to perfect HIS mont
tha ehv mi
the patent and the originality Of the invention An exc
cuton was sued out and pn In the hands Of the then
Marshal for the Northern district Of New York. who de-
layed 10 collect this debt long compel the paten
t7s " prosecurc him for derelcton or duty In addition
the judgment which not satisfied until the harsna
se,zed and levied upon the hardware hcn in the Of
the defendants al Albany this unciure the deien
dante paid the Judgment mus satisfying tho action az
law The defendants discontinued the Infringement
from this point untt October, ls45. Mr. Burden giving
them the time between the settlement OF tho original
suit 1873 until July Of the yeaels4s when the Troy
Iron and Nail Factory Corporation became the plaintiffs
to discontinue the Of the patent and account for the
damages The defendants refusing do tbis tho plain
tas fled their bill the lOn day Of July 1S4s in the
Circuit Court o. the United States for tho Northern Dis
trct Of New York, Mr. Justice Nelson presiding This
prayer Of the plaintiffs being denied the passed up
10 The Supreme Court Of the United States appeal,
coming before thai tribunal at the December session OF
lS49 and decided IN favor OF the plaintiffs the 18th OF
January, 1858.
The rs. erect Of this decision was to remand the case
back the Circuit Court below, with instructions TO take
account Of the damages
A. already stated the Supreme Court OF tho United
states Of Washington gave udment 70 favor Of Burden
years, In 1853 establishing his patent and his CLAIM for
damages AGAINST Corning wnsow COMPANY tHorner),
for infringement, and reference ordered by the
court 10 take and state the amount Of Burdens
damages.
Mr. Borden had been successful and il only remained
70 show how much he had suffered by the Infringement
IL other words how much they had made by using his
invention Burden claim was large amounting to over
Roth ii the parties were wealthy and wful and the
magnitude Of the Interests and claims made IL object
OF The importance bave referee master or com
missioner the very highest character and standing az
ewycr sans ps,r ct sass yeproehe. Hence this u
most vitality important stage Of the case.
The iRe Samuel Stevens, OF Albany at this time
Burdens counsel and he OF the best natured
and most conadng Of men He had long known and
the Eon. Ruben Hyde waiworth Chancellor and sort
Of professional respect had MP in his mind for
that eminent legal fanc,ionary He regarded him as
had been upon the woosack Chancellor eighteen
years, when the consultation Of ls46 swept him from his
perch and retired him the saubrous shady
groves OF Saratoga. He had eleven volumes OF
chanccry decisions, known "Paigc's Reports - also
his Rules Of Court amounting 10 two volumes more and
AZ the great cxemplar OF temperance, he had literally
upon the bench, drank cold water than all the
other judges In the State during the same period.
real WORTH but he really had unbonnded confidence in
and admiration for he late Chancellor and freely ad
aa % Nun a
tlon OF his counsel but not without as ! believe
compunctlona He urged against u that the Chan
ccor and Corning, his adversary, were old political
crones Of the democratic party, to which he was OPP
posed that their social relations too intimate 10
leave tho learned Chancellor unbiased and impartial
that Il matter Of business and less a legal
question than would be likely 10 interest distinguished
inrisf and that he would prefer more Of business
man.
But Stevens overcame all these objections by spIen
did psnegyrc upon the Chancellor and minated to
Burden thing which stuck In his mind, OF
apprehension namely--that he good terms with
the Chancellor and he would do about be wanted him
70. Burden consented, and there was where no was
worsted. Corning beat him the referee Poor Ste
passed away about this period or the case and Mr.
Burden was left lone man in strange court. His sd
versaries had all their In the year 1858 the
into the chanceors hands by appointment Of
the United States Circuit Court referee commissioner
master, whatever he was called and he opened his
court at Saratoga in his once. II has been there now
in that same Office, thirteen long years, and II report
says rueand the elaborate evidence IN this docs
not deny H. will hereinafter he scent In better hy
OF thousands Of dollars TO I've referee commits
sioner master than 10 be chancellor II 10 not too
" c % ~ ~ .
three months time honestly devoted TO the subject of
the reference would have accomplished all that
called for or expected for the court above TO make de-
cree upon.
reference Of an entirely similar character as to i'm
he Court IN the case o. Elisha Foote W. ssby ana
others wherein the Court appointed A. A. Boyce master
pro h0e ve In this case Mr. Boyce took the testimony
and made his report In about the space OF nine months
then held 10 b. very long timc-reuderng bi there
for for Per dem ssrvtces amounting 70 $25s. w
In niue months for which the court allowed HIN eRtscp
cents per folio summing up, before stated 20 &25s
But With The case under consideration thirteen veas had
been worn out and howl By the mcrest legal irHisg
IN framing and casting and recasting ncrogaiores and
inteFroaatoriss until both court mser counsel
and witnesses losing III sight Of the simple Issue before
them, staggcr bindy through ten ocisvos ~ fcsi
mony In wandering mszes lost Docs soy suppose
thst such reference could have lasted % opg unless
there was placer Of gold In u, rich parties on both
sdes and unIess one party was Interested 10 delaying
and could have delay BY paying for ~
case has ee2manaecd
After several weary had been spent In tho rcfer
ence, and afcr the referee had been paid
accounting his fees the tfor referenee
OF eI< 600 Burden seeing end 10 u, declined feven
70 the prejrdcc of his easel 10 pay until the
report wss made MP and delivered But tee Other side
taking advantage Of this continued ~ BY the evidence
10 pay the referee, master until they also 'hcre
was 90 be end long thew paid: they stopped
and The case came 20 The sufrsoe again IN an sppcs