The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1870-11-22

COrner OF Pine and second streets,
Near the NaiirondD
TTTUsv1LLE, Pa. ::
Owing TO the large and increasing demand for the
RObsrte' TOrpei Jel and the late decision OF the
Commissioner of Patents in refuAirg TO Wm. Reed
a patent and the d,cision OF Juigc Z. c Grier sus
taia.ni the H,cbs-ts' pltent they rayo LOW EHED
tie prise Of their Torpeiots
TWENTY. PER CENT.
20 that every Operator can atfosd ~ try TORPEDO
before abandoring a Well.
The following s the decision rendered By Judge
Crier GU the twenty second (22) day OF September,
1859, in The United States Circuit Court 1T Phlaisl
pbia The case was argued three days by Charles
ii Keller of New York, B. Y. Lucas and +. a. Pur-
vianCe Of Pittsburgh, for defendants. and George
Harding of Phils lelphia and George IL. Chri.,y, of
Pittsburgh, for plaintiff.
OPINION OF JUDGE GRIER.
AsIwrite with difficulty I can only state the con
elusions 20 which my mind has come after careiu.
exanination Of this case.
The complainant has exhibited a patent dsted
cs.h Of April 1855. This is prima facie evidence OF
gooi title, and puts on the respondents The bar
den of proof that the patent Is void or worthless.
need not repeat my remarks in the case Of Good.
year ". Day q Wall, C. c. Rep; 2a9) bat now
adopt ihem ailoring rule OF decision which a1-
plies clearly TO the present case.
80 the Infringement of the patent is admitted,
the only question Will be as 20 the validity of com.
painants patent Of April q, ls5S.
''lt was after speculation had been reduced to
practice aud after repesJed experiments that the
complainant su:ccedeS in overcoming ;he prejudice
and ignorance Of the people on the subject and
persusdins the public that his invention was usefn.
after he bud established lis great utility aud vsu,'
and "hsn his genius and patient perseverance. Il,
spite OF .hceri & anq 'colia'' were completely sue.
mens On the same subject, and was uneucce. .,i
iiangae1 that re bad the best light .othcin,enion to
ara after r?lrchaslng one or ,ncse Complainant. tor
pedOes, he applied on tine 1st OF November, 1857
for piient ior substantially the same combiua
tons OF devices ard ,Iciiue conaire ic coInplain
ants patent Ca the 18th of the same month the
respoDd ,nis formed Themselves into q company or
corporation called '.'rAe Reed Torpedo Coinpsny,n
for the pnrpcse O: pirating the conp,ain,u.'s in
Tenti9r' Aae supporting the expense OF litigation,
severed, even sitter the preliuinar Injunction yery
proper. granted By the District jutga
Ls5 decree be entered foe ecomp!ainant for per.
pet1ei injunction, and Maste, eppoiuted to take
an account sccortngto the prayer Of the bill
i. g. GiuEa, Judge.
NoTE-The passage r. 'arred to bv Judge Cri.- in
his former decision, Wallace, p 299 adopted es
app lcabie TO this case was an follows:
~ Is usually The case, shen any valuable di.cov-
cry IS 1aGe oT any new machine %. er.at utiity IL
Invented, that tue atsortion Of the public has been
turGed 70 that subject previously, and that MAJ Y
persons nave been making researches ana eyperi
Lents. Philosophers and r1echanicisss n1sv hnv,
IN seine ueasuys entic.Gted in their sn. culoticn.
the possibility or probability OF sueh di,covery or
Invention; many experiments have been successful.
y ilea coming ytIy ne1r yet failing short of the
desired result. Vhey have produced nothing bore-
hclai The invention wEet perfected may truly be
Fsit to he the eliminating point OF many experi
1non :, not only oyth< inventor, bu. by many 9th.
OrS ne may have pseited indirectly by the i,n.uc-
cessfdi experiments ana failures of others Int II
flYeS IeIa no right to clam 4 share of the he nor az
the prolt or the slccOssfii inventor Ii ia when
specuation has been reduced TO Practice When ex
pertinent Ia; resulted in discovery aud when that
ciscorery has been perfected By patient ana conti..
He'd experiments. when none new comDoupd art
menuidctilre or maeine hal been ,bti- produc ID
which usese to the public, that the party making II
becomes spuhc bcnetactor and entitled 60 a na,ent
"And get when genius ard patient perseverance
nave ee length sCccge1ci, In spite Of -ricers and
y fcois' sdme valuable invention or Tsco"ery, how
seldom ~ il follower by reward | envy rob. him
of the honor, While specul ls;ors, swnde,s ard nj.
isf-s rob him OF the profits Every unsucoe,s'u,
sSportmente- who did or did or did not come very
near making discovery now claims It, Every one
VINO can invent Gn Improvement or vary It's form,
Claims right to pirate the ORIGINAL discovery We
neet not sL.amoas Morse, or Blanchard, or Mood
worth to Prove tina. this Is the usual history OF owe
~ Great discovery or Invention.
"IAs PRESENT os-e Ards another chsDte- "a this
long an1 1nISrni historJ."-2 Wallace, c. Q, Re
ports ,. .92.