The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1870-09-29

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ROBERTS PETROLEUM TORPEDO.
TORPEDOES.
THE ROBERTS
PETROLEUM TORPEDO CO.
Office at the
RED PLANING MILL,
Cerner OF Pine and second streets,
Near the Railroad,)
ITUsVILLE, PA.
Owing to the large and increasing demand for the
Roberts Torpedoes, and the late decision of the
Commissioner of Patents In refusing to VIM. Reed
patent, and the decision Of Judge II. L. Giier sus
tanning the Roberts patent they have LOWERED
the price Of their Torpcdoes
TWENTY. PER CENT.
go that every Operator can afford Io.try Torpedo
before abandoning Well.
The following Is the decision rendered by Judce
Grier on the twenty second (22) day of ser,cmber
1S, in the United States Circuit Court at Phimdel.
phia. The case was argued three days by Charles
yiance Of Pittsburgh, for defendants, and Gcor,er
Harding Of Philadelphia, and George L. Christy Q
Pittsburgh, for plaintiff.
OPINION OF JUDGE GRIER.
AS write with difficulty can only state the con
examination Of this case
The complainant has exhibited n patcn. dated
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 "; Day "a Wall, C. c. Rep. 2a9j hut now now
adopt them as atfording rue OF decision which an
DliC5 clearly to the Drcannt
- As the infringement Of the patent is admitted,
the only question vii be as as to the validity of
''It was after speculation had been reduced 20
practice" and after repeated experiments, TINT the
complainant succeeded in overcoming he prejudice
and ignorance of the people on the subject, and
pcrsuading the public that his invention wss usofl.
after he had established its great utility and value
and when his genius and patient perseverance, IN
cessful, that Reed, who had before made cxpcri.
mcnts on the same subject, and was unsuccessful.
imagined that he had tho best right to the invention
and after purchasing one OF more Complainants tor
pedOes, he applied on the 1st of November fst7
for patent for substantially tho same combina,
tions of devices and machine contained in complain.
ants patent. On tho 18th of the same month the
respondents formed themselves into company or
corporation called "Thc Reed Torpedo Coinpony,n
for the purpose of pirating the compainant's in.
vcnfion, and supporting the expense OF litigation
and thus defraud him of tho fruits. They have per
severed even ster the preliminary Injunction voty
properly granted by the District Judge
Let decree be entered for complainant for n mr.
petual injunction, and Master appointed TO tako
an account according to the prayer OF the bill
Il. Z. GRIER, Judge
NorE-The passage referred to BY Judge Grier In
his iorMor decision, y Wallace, D. 800 adopted ag
applicable to this case was as fUilows:
''lt Is usually the case whom any valuable dscoy.
cry Is made or any new machinc Of great utility Is
invented that the attention of the public has been
turned to that subject previously, and that many
persons have been making researches md cyppri-
mcnts. Philosophers and mechan;c,aps NAV hnye
IN some measure anticipated in their specdlaions
the possibility or probability Of leh discovery or
invention; many experiments have been successful
~ fled, coming Very near yet falling short of the
desired result They have produced nothing bcno
HEAL The Invention whom perfected may truly be
sa.u 10 DC the culhina'ihg point OF many expert
mcn's, not only by the inventor, but by many 9th
ors lie may have profitod Indirectly BIZ The iIns1lc
cessiui experiments and failures Of others bIIt it
gives them no right TO claim share of the CnOr OF
inc proiit OF the successful Inventor It is whon
speculation has been reduced to Practice ylon cy-
poriment has resulted III is;Ovcty and when tL9i
discovery has been pcriecti by patient ana cont
ued experiments, when some new compound art
manufacture, or nischinc has been thus produced
which is useful TO thepnbc that the party makinr; II
becomes apubc benenCtor and entitled TO a pn,eT,t
"Aud yet when genius and patient perseverance,,
have at length succeeded in spite Of sueers and
scoiis' some valuable Invention Or discovery how
seldom is IL followed by reward Envy roi,s Lin
Of the honor, whine spcculatOrs swindlors. and nj.
rates rob him of tho profits. Every iln,nccasstrI
eXlerimencr who did Ur did or did not come VERY
near making discovery now claims it. Every one
who GILL invent an improvement or vary its form
claims right To pirate the original discoycrv w.
need not summons Morse, or blanchard or Wood
worth to prove that tis is tho us;, history of eve
~ great discovery or invention.
"fhc present case ADDS another chaptgr IN th,-
long and uniform history."-2 Wallace, c. c. Ko-
ports y. 292