The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1870-07-21
e0BERTs' PETROLEUM TORPEDO.

hJBERfS PETROLEUM TORPEDO.
THE ROBERTS
PETROLEUM TORPEDO GO.
Office at the
RED planning MILL,
L Corner Of Pine and second Streets,
ktNcar the IsatirOadO
ITUsvILLE, Pa.
Owing TO the large and increasing demand for the
Roberts rorpedoes, and the late decsian of the
Commissioner Of Patents in refusing to VIM. Reed
patent. and the decision of Judge r. { Glier s,ls.
,ainipg the iioberts' patent theyshave LOWERED
the price Of their Torpedoes
TWENTY PER CENT.
- thu. every Operator can alordNu try a rorpedo
before abandoning Well
The following Is the decision rendered by Judce
ISr iH on the twentyseccnd (s2l day of set,tember
1Se in e United States Circuit Court at Philadel.
phia. The case was argued three days by Charles
N Keller OF New York, b. r. Lucas and 5. A. Pur.
viance Of Pittsburgh, for defendants and Geonyef
Harding HARDIN Of Philadelphia, and George H. Chrisly,
Ffvsbargh, for pls'ntf.
OPINION OF JUDGE GREER
As I write with difficulty can only state the con
clusions to which my mind has come after caref,,
examination Of this case.
-, The complainant has exhibited q patent dated
10Th OF April, 1866. This Is prma facit evidence of
good title. and puts on the respondents the bur.
den Of proof that the patent is void or worthless
l need not repeat my remarks in the case of Good.
year vs. Day u Wall, c. c. Rep; 229) but now
adopt them as aifording rule OF decision which ap.
pfes clearly to the present CASE.
A. the infringement. Of the patent is admi, ted,
the only question will be to the validity of com.
plainants patent of April 25, 1858.
'lt was after speculation had been reduced TO
practice and after repested experiments, that the
and ignorance OF the people on the subject and
persnadipg the public that his invention was nseiui;
after he had established its great utility and value,
and wien his genius and patient perseverance in
spite of sncers and scoifs' were completely .1ic
cessfnl, that Reed who had before made expsri.
Iients on the same subject, and was unsuccessful,
lnigned thai he had the best right to the invention
and after purchasing one more compainant's = tor
pedots, he applied on the lst of November, 1851.
FER patent for substantially the same conhna.
tions Of devices and machine contained in complain
ants patent. On the 18th of the same month the
respondents formed themselves into = company or
corporation called "The Reed Torpedo Company"
ior the purpose Of prating the c0,nplainant's in.
vention, and supporting the expense of litigation,
ard thus defaud him Of the frliit. They have pef.
severed even after the preliminary Injunction very
properly g'anted by the District Judge
Let decree be entered for complainant for a per-
petuai Injunction. and Master appointed to take
I'll recount according to the prayer of the bill.
K. q. GRIER, Judge.
NorE.-The passage referred to bv Judge Grier in
Nis former decision, 3 Wallace, p. 200 adopted a.
applicable to this case was as follows:
ut is usually the case, when any valuable di.coy
cry is made, or any new machine of great uiity il
invented, that the attention of the public ha. ieen
turned to that subject previously, and that many
persons have been making Researches and ex,eri
meE'a fhlosophers and mechanicians NAV have
10 some measure anticipated in their SD CITATIONS
the possibility or probability Of such discovery or
invention; many experiments have beer sucres sfnl
" tiled, coming very yet falling short Of the
Cesired result. They have produced nothing benp.
INal. Ihe Invention whel perfected may truly be
Sid to he the eliminating point OF many eyperi.
men not ony ny the inventor. hut by many 9TH
Ors tie may have protited indirectly by the insuc.
ee4sfal experiments and failures of others but IL
gives them no right to claim share of the honor of
tGe profit of the successful inventor Ii IL when
speculation has been reduced to practice when ex.
ys'Ihellt 'ia' resnitcu IN discovery and when that
discovery has been perfected by patient and cortin
uod experiments, when some new compound art,
manufacture, or machine has been Tins prOduceS
which is Useful to thepublic that the party making II
becomes apubltc btntactor and entitled to pa emf
Aud yet when genius and par, mt perseyeronca
have at length succeeded, in spite of sn,ers md
seefs, some valuable invention or discO"ery how
seicom IS IL followed by reward Envy robs him
ot the honor, whhe speculators, swindleis and nj.
tares iUo him OF tho profits. Every unsuccessiul
eI,ar1menter who did or did or did not come very
nAr making discovery now claims it. Every ons
Nno can invent an Improvement or vary its FORM
elaims right to pirale the original discovery We
Ased not summons Morse, or Blanchard, or Wood.
worth to prove that this is the usual history Of eve
~ greht discovery or invention.
"The pfesent caae ADDS another chapter to this
Rsxs p. 2sa. " ''''