The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1870-09-16
ROBERTS PETROLEUM TORPEDO.

ROBERTS' PETROLEUM TOkPEDO.
TORPEDOES.
THE RUisERTs
PETROLEUM TORPEDO CD.
Office at the
RED pLANING MILL.
Corner of Pine anc Second streets,
Near the EaiirOad,)
ITUSVILLE, PA.
Owing to the large and increasing demand for the
Roberts Torpedocs, and the late decision of the
patent. and the decision of judge K. q. Grier sus
tainng the Roberts patcnt they have LOWERED
the price Of their Torpedees
TWENTY. PER CENT.
20 that every Operator can afford ,U:try Torpedo
before abandoning Well.
The following ia the decision rendered by Judcc
GTier iS 20 on the ts2 day of seltember
phia The case was argued three days by Charles
M Keller Of New York, D, r Lucas and'S. A. Pur-
YanSS a OF y rrtbtshrg for defendants and George
Pittsburgh, for plaintiff.
OPINION OF JUDGE GRIER.
AZ write with difficulty can only state the con
clusions to which my mind has come after careful.
examination Of this case.
10Th OF April, 1865 This is prma facic evidence of
good title, and puts on tho respondents the bur
den of proof that the patent is void or worthless
year vs.. Day Il Wall, c. C. Rep; 229) but now
adopt them as afording rule OF decision which an
plies clearly to the present case.
Az fhp npf s,r
the only question will be as to the validity OF com.
plainans patent of April 25 1858.
"lt was after speculation had been reduced to
pnctice" and after repeated experiments that the
complainant succeeded in overcoming he prejudice
and ignorance OF the people on the subject and
Persuacing the public that his invention was uscl
after he had established its great utility and value
and "when his genius and patient perseverance, in
spite of sncers and scOas," were completely snc
cessfnl, that Reed, who had before made expert
ments on the same subject and was unsuccessful.
imagined that he had the best right to the invention
and after purchasing one or more complainants tor
pedoes' he applied on the list of November, 1861
for patent for substantially the same combina
tiOns OF devices and machine contained in complain,
ants patent On the 18th of the same month the
Respondents formed themselves into a company or
corporation called 1.-The Reed Torpedo COinDany y
for the purpose of pirating the complainant,s In
sention, and supporting the expense of litigation,
and thus deflaud him Of the fruits They have PEI
properly granted by the District Judge.
Let decree he entered for complainant for a pcr
pctual Injunction and Master appointed to takc
an account according to the prayer Of the bill.
II. Z. GRIER, Judge.
NorE.-Thc passage referred to bv Judge Gricr in
his former decision, Wallace, p. 800 adopted as
applicable to this case was us follows:
1T is usually the case, when any valuable di.coy
cry Is made, Or amy new machine Of great utility il
invented, that the attention of the public has Ie,p
turned to that subject previously, and that many
persons have been making researches and cyneri
lnents. philosophers and mechanicians NAV h,vp
IN some measure anticipated in their SD .cnlaljons
the possibility probability OF such discovery or
invention; many experiments have been successful
y tied, coming very near yet falling short of the
desired result. They have produced nothin. bene.
neal The Invention WHOM perfected may truly be
said To DC Tie eliminating point of many cxneri-
men $, not only by the iEveator, but by many OH.
Ors lilo may have proilted Indirectly by the ilnsr,c
cessful experiments and failures of Others but If
gives them NO right to claim share OF the honor of
the prott or the successful inventor 1t is when
speculation has been reduced TO practice, whom ey-
pertinent has resulted IN dis ,oyery and when thnt
discovery has boon perfect, by patient and contin
lied experiments. when some new compound art
manufacture, or machine has been thus produced
winch ls uaciuito that the party making it
becomes apublic beieiactor and entitled to patent
"Aud yet when genius and patient perseverance,.
have at length succeeded, in spite of snpers ami
scOff5, some valuable invention or disco,ery how
seldom is II followed by reward Envy robs him
of the honor, while speculatOrs swindlers and hi
rates rob him of tho profits. Every un,ucco.sinl
oxIerimenter who did or did or did not come ytry
near making discovery now claims it, Every on.
VINO can Invent an Improvement OF vary its iurm
claims right to pirate the original discovery We
need not summons Morse, OF blanchard Or Wood
worth to prove that this Is the usual history of eve
ry great discovery or invention.
"Ihe present case adds another ChaDtcr tn this
long and uniform history."-2 Wallace, G. L. Ike.
ports p. 292