The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1870-10-26
ROBERTS PETROLEUM TORPEDO.

hOb . IE IhOLEUM iOH' NV.
TORP EDOES.
THE ROBERTS
PETROLEUM TORpEDO CO.
Office at the
RED PLANING MILL.
Corner of Pine and second streets,
Near tho Raiiroad,)
TITUSVILLE, PA.
Owing to the large and increasing demand for the
Roberts TorpedIe,, and the late decision of ,he
commissioned of Patents in reiu sins to VIM. Reed
patent; and the d;c,i m OF Ju lgc e. Z Gr,cr sus,
timing the koberte' prent they have Low Erred
the price OF their Torpedo.s
TWENTY PER CENT.
20 that every Operator can afford 10 try n Torpedo
before abandoning Well
The following is the decision rendered by Judre
e4rter on the twcntysecond (22) day of Seitember,
lSst In the United States Circuit Court Mt Phlade
phia The case was argued three days bv Charles
NJ. Keller Of New York, B. T. Lucas and :. A. Pur.
xiance OF Pittsburgh, for defendants, and George
Lariing OF philadelphia and George II. Chris,y of
ItNsburgh, for plaintiff.
Va hNiO-> vi oOD0E dnlEh-
As write with difficulty cap only state tho cor
clWstons IN which my mind has come aftrr n car.s,,
examination Of this case. I
,ne com ,in,ntn, has exhibited patent dated
18th OF April 1870 This Il prima face evidence Of
good title, and puts on the respondents the bur
den of pro"f that the patent is void or worthless
neei not repeat nv ien,rks in the case of Good
year va Day q Wall, c. c. Rer: 220.I bmt now
adopt them as nording II rule OF decision which an
piiea clearly 10 the present ise
As the infringement of the patent is alr,, ted
tl.n 10 s,.tt. sion,
planan's pateut of April 25.1s5s.
"U was after speculation had been reduced TO
pricficc,' and after repeated experiments that the
complainant succeeded in nvcrcpmir ,.hp ,,roiuac,
and ignorance OF the people On the suhect and
pcrsuarng the public thai his invention was nsc.nl
after he hh established Its great utility and y,lue
a.u 'whe MS Genus and patient perseverance, in
spite OF sncers and scoil., were completely sue.
cc--fnl, that Reed, who had before niads exper
mens on the same suhie:t. and WIS unsicce,.fil
imagined that he had the hest linlt to oteinvcn,ion
aod after purchasing one more complainant tor
pedoe1. he applied on the LIST Of November. 1st?1
t.r pltei for substantially the same combina
nuls oEdeviceS and achine contained in complain.
ants patent On the 18th of The sonp month Tho
respondents formed themselves into a comnanv or
corporation called 1.-The Reed Torpedo Company.
for the purpose of prating the cmplainanis in
vcntion, and supporting the expense of litigation.
ard thus defraud him of the fruits. They have ne
severed. even after the pre- iminary Injunction very
properly granted nv the District .judce. ~
Let decree he entered for complainant for n per.
poual injunction. and Il Master appointed to fake
AL account according to the prayer of the bill.
Il. Z. GRIER, Judge
NorE.-The passage referred to by judge Gricr in
his FORMER decision Wallace, p. 300 adopted as
app cabfe to this case was aS follows:
"It il usu illy the case, when any valuable discoy
cry il Wnde, or any new machine of great mi ity is
invented, that the attention of the public has heen
iurned to that subject previously and thar n,nv
persons have been making researches and experi
ments. Philosophers ana mechanicans NAV have
III some MEASURE anticipated in their sDecl otions
the possibility or probability OF such discovery or
inventions; many experiments have been successful.
~ tied, coming very near yet filling short of the
desired result. They have produced nothing bene.
fetal. The invention when perfected may truly he
said tn be the eliminating point OF many expert.
men :, not only by the inventor. bur by many 9th.
0rs He may hav. pr0fted indirectly by the lnslc.
cessful experiments and failures of Others. but II
gives them no right to claim share of the he nor of
the profit of the successful inventor Il is when
speculation has been reduced TO practice when cx.
pertinent In. resulted in dis )very and when that
discovery has been perfect by patient ana cOntin
ued experiments, when new compound art
manufacture. or machine has been ihn- produced
which is useful to cpublic that the party making
becomes apublic beneiactor and entitled to patent
"And yet when genius and patient perseverance
have ut length succeeded, in spi e of sut ers and
SCOTS. some valuable invention or CiscO"ery how
seldom Is IL followed by reward Envy robs him
uf the honor, whiie spectators, swindlers and nj
rates rob him of the profits Every unsuccessful
near making discovery now claims it. Every one
who can invent All Improvement or vary its turm
claims right to pirate the original discovery We
need not summons Morse or blanchard. or Wood
worth to prove that this il the usual history of eve
ny great discovery or invention.
"The present adds another chapter to this
long and Uniform history"-2 Wallace, G. u. he
peo6 p. 28A