The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1870-05-26
ROBERTS PETROLEUM TORPEDO.
ROBERTS PETROLEUM. TORPEDO.
TORPED
THE ROBERTS s.
PETnuCKUM TORPEDO GO.
Office at the
RED PLANNING MILL,
fCOrncr Nf Pine and second Streets,
s(Ncar the RailrOad,)
--ITITUSVILLE, PA.

Owing 10 the large and increasing demand for thu
Roberts Torpedoe,, and the ate decision OF thu
Cnnmis ssoner Of Patents in refusing to Wm. Reet
patent: and the decision of Judge f. Z. Grier sus
tanning the Ro,,erts patent they nave LOWERED
the price Of their Torpedoes
TWENTY PER CENT.
90 that every Operator can atordIto try aiTorpedo
before abandoning Well.
The fclewing is the decision rendered by Judge
Grier on Hhe twenty second (22) day of September
1869, inlhe United States Circuit Court at Phladel
phia fhe case was argned three days by Charles
NJ Keller Of New York, Y; Lucas and $; a; Pur
Harding OF Philadelphia, and George II. Chris.y,o
Eittsburgh, for plaintiff.
OPINIoNgoF JUDGE GRIER.
A. write with difficulty can only state the con
Cflsions 70 which my mind has come after careful.
examination Of ohis case.
9TH Of April, 1865. This Is prima facie evidence of
2 good title, and puts on the respondents the bur.
den of proof that the patent is void or worthless
nccd not repeat my remarks in the case of Good
year VI. Day (2 WALL c. c. Rep 2.9,) but now
adopt them as atfordng rule OF decision which ap-
piles clearly to the present case
the only question will be as to the validity OF com
plainans patent of April 25, 1883.
1T was after speculation, had been reduced to
practice and after repeated experiments that the
complainant succeeded in overcoming he prejudice
and ignorance of the people on the subject, and
persuading the public that his invention was useful;
IL
and 'when his genius and patient perseverance, in
, spite of sneers and scoiis,n were completely sue
cessful, that Reed, who had before made expert
ments on the same suheet, and was unsuccessful,
HnLgined TIM. he had the best right to the inven,on
and after purchasing one OF more conpainant's tor
pedOes he applied on the LIST of November, 1867.
Tor patent for substantially the same comhina-
tions of devices and machine contained in complain
nnt's patent. On the 18th of the same month the
respondents formed themselves into company or
corporation called "Thc Reed Torpedo Company
for the of pirotinO the cpmDlipant'a in
Tention, and supporting the expense OF Mitigation,
and thus defraud hin, of the irits. They have PEI:
fcvered even atter the eliminary injunction very
property granted blythe District Judge.
Let decree be entered fsrcomp'ainant for q per-
petIlal Injunction. Naster appointed to take
an account according to the pr% cnihs Gf ths BILL !,
.NorE-The passage referred to lyy Judge Grier in
his former decision, Wallace, p "J adopted as
applicable to this case as follows:
ut is usually the case. when any valuable dscov-
cry is made, or any new machine OF great utility is
invented, tina. hea'te'tion OF The public has been
turned to that subject previously, and that many
persons have been making researches and expert.
ments Philosophers and mechaniciars may have
IN some MEASURE anticipated in their speculations
the possibility probability Of such discovery
invention; many experiments have been successful
ly t,ie1, coming very near yet falling short OF the
desired result. They have produced nothing bene-
hcial The;invcntiOn when perfected may truly be
sid to'te the eliminating point of MANY expert
;.,iess, nat only by the inventor. hut by many 9TH
.os. lie may have proited indirectly by the nnsuc-
.Cessiul experiments and failures Of Others but it
gives them right to claim athare of the honor Of
the p.ott of the successful inventor 1t is when
speculation has been reduced to practice, when
pertinent has resulted in discovery and when that
discovery mas been perfected by patient ana conts
= llsd experiments, when some new compound. art
,manuflctule, or inachins has been thus prodGced
Wh I'll Is useful to the public that the party making
beeo pul.ic beselacior and entitled to patent
'Aud yet when genius and patient perseverance
have 1t length suceaded, in spite of sneers and
al,,,rI ..A,..
seldom is il followed By reward Envy rob1 him
Of tIe homer while spectators, swnde! $, and pi
lates rob MIN OF Tie profits. Every unsuccessu!
near making n discovery now claims it. Every one
who en- Invent ansmprovemeut or vary its form,
claims right TO pirate the original discovery We
need not summons Morse, or Blanchard or Wood
worth to prove that this is the usual history OF eve
ny grpa, discovery or invention.
~ nc present case ADDS another chapter to thu
dong aiid uniform hist0ry."-2 Wallace, c. L. Re-
lGrts =. 2o2.