The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1870-11-16

TORPEDOES.
THE ROBERTS
PETRoLEuM TBRpED0 60.
Office ut the
RED planning Mill,
Corner OF Pine and second streets,
Near the NatirOadO
TITUSvILLE, PA. ::
Owing 10 the large and increasing demand for the
HDbe:t.' Torpedoes. and the late decision OF the
Commissioner Of Patents in refusing; TO VIM. Reed
patent. and the decision of judge Z. {. Giier sns
tanning the Roberts patent they have LOWERED
the price Of their Torpedoes
Twenty PER CENT.
20 That every Operator can afford tv'try Torpedo
before aDaudoaing Well
20 rho following is the decision rendered By Juace
.irier on the twentvseccnd (s2l day OF September,
lTil in the United States Circuit Court at Phlade.
phia. The case was argued three DAYS by Charles
NJ Keller of New York, B. r. Lucas and s. A. Pur.
siance Of Pittsburgh, for defendants. and George
Harding of Philadelphia. and George L. Christy of
Pittsburgh, 10. plaintiff.
OR iNiO-N Oc JODVk GiuEt.
As write with difficulty can only state tie con
Clnsons to which my mind has come after q careil
examination Of this case.
The complainant has exhibited paten, dated
25th Of April. ISIS. This is prma facie evidence of
q good title, and puts on the respondents the bur.
den OF proof that the patent Is void or worthless.
need not repeat my remarks in the case of Good.
year vs.. Day t2 Wall, G. c. Rep; 229) but now
niopt them a.fording rule OF decision which an.
plies clearly to the present case.
As the infringement cf the patent is admitted;
the only question will bo to the validity OF com,
plainailfs paten. of April -, 1858.
at 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 usel.
after he had established its great utility and value
and "when his genius and patient perseverance, in
spite of sncers and scofs,' were comDletely src.
cessful, that Reed, who had before made cv,,eri
Inents on the same suhieot, and was uDsucces.f,i.
imagined that he had the best right tleinventiOn
pedoes, he applied on the 1st of November, 1887.
for patent for substantially the same corbna.
tions OF devices and achine contained in COMPLAIN
ants patent On the 10Th Of the same month the
respondents formed themselves into COMPANY or
corporation called 1.-The Reed Torpedo Coinpanv ;,
for the purpose OF piratiDg the cOmplanant's in.
ventior, and snpportint; the expense of litigation
and thus deffaud him of the fruits. They have per
severed, even after the preliminary Injunction yeyy
properly granted by the District Judge
Let decree he entered for complainant for per-
an account according to thePrayer Of the bill.
Il. Z. GRlER, Judge.
NorE.-The passage referred to by .1ud4s Grier in
his former decision, Wallace, D. 299 adopted as
app ic,bie to this case was as follows
"it fs usually the case. when any valuable discov.
cry Is made, or any new machine Of great utility ia
invented that the attention of the public has hean
turned to that subject previously, and that mary
persons have been making researches and exDsri
Inents Philosophers and mechanicians NAV have
IN ssne measure anticipated in their spnculations
the possibility or probability Of such discovery or
1nventiO' many experiments have been slccessf,,l-
BY uied coming Very near. yet falling short of the
desired result. They have produced nothing benc-
fetal. The Invention when perfected NAV frrIv be
said to be the eliminating point Of many ex5cri.
men ., not only by the inventor, but by many 9TH
ore. He may have profl.cd indirectly by the lnsrc.
cessful experiments and failures of Others but /.
gives them no right to claim share of the honor of
tie proht OF the successful inventor 1t is when
speculation has been reduced to practice ,vhcn ey
pertinent has resulted in dis ,oyery and when that
discovery has been perfected by patient ana contin
ued experiments, when some new compound ,r,
manufacture. or machine has been thus produced
"frcn Is nsen to public, ,thatthe party mangit
becomes apublic benetactor and entitled 10 patent
"And yet when genius and patient perseverance
have ut length succeeded, in spite of sueers and
Sc6ffs, some valuable invention or disco-ery how
seldom is il followed by reward Envy robs him
OF the honor, while speculators swindle!s and pi-
rates rob him Of the profits. Every unsuccessful
experlmnnter who did or did or did not come yery
near making n discovery now claims it. Every one
who can invent an Improvement or varv its form
ctalIns right to pirate the ORIGINAL discovery We
need not summons Morse, or Blanchard. or Wood
worth prove that this is the usual history of eve
ry great discovery or invention.
"The present case adds another chapter to this
long and uniform history."-2 Wallace, G. O. Re
ports p. 292.