The national Republican. [volume] (Washington City [D.C.]) 1866-1870, 1870-01-13
EoUITT coURr-Jadgs Olia.-Tho follow
Ing order was made yesterday;

Ahk OAhNN was AAAu0 yOaNIAunyF
A. !. Amber VI. Whlpple & Dickinson.
This Is application for q preliminary lnjunc-
ton TO restrain the defendants from con-
tinuing 10 sell rights In O patent for a
machine for generating gas from petroleum.
The case was begun and partly reported on
Saturday last.
The complainant sets forth that he in
Ing gas nom crude petroleum by means Of
steam heat and steam power applied TO p6.
troleum, and that he made a copartnershlp
with Whlpple, the latter furnishing funds 10
get the invention patented and the Invention
practically carried out, that In order 10 faelll-
tate business 10 assigned his interest In the
said Invention TO Whlpple In trust for his
(complainanps) benefit But that Whipple
Afterwards BY. oolluslon obtained, In connec-
ton with ona Dickinson, a patent for gen
Grating gas from petroleum, which IL, In sub
stauco, the same invention as that Of the
complainant, and haA made large sales under
said second patent, aud received large sunni
therefor, but has refused TO account to the
complainant therefor. He therefore asks
an Injunction to restrain sales Of said patent,
the appointment OF receiver, 30.
The defendants reply that the patent Of
Whlpple 4 Amber never made gas, and was
total failure, aud that before the Aaid fall
ure was known, the copArtnershlp between
Amber and Whlpple had been dissolved,
and the rights OF Amber therein bought
aud paid for by Whlpple. That the patent
Of Dickinson q Whipple Is Of totally DIFF
ferent device, and produces gas not BY steam
pressure heat, but by the heat Of super
heated steam without pressure. Tho large
sums received are for sales OF right under
the last patent,
The complainant, whipplo, In his answer
adds 10 the matters set forth otherwise,
objects thai tho complainant is not citizen
OF Washington a sWornj that his name In
fact Is not Amber, but that under the name
OF Clark he plead guilty OF the erlma OF for
gerry, and was sentenced 70 prison aud par
doned out by the exercise OF executive
clemency. During the course Of the dlscus-
alon OF this subject the complainant alleged
that no true gal had ever yet been produced
by the machine. There might have been an
evaporation Of oil, but no fixed gas.
Judge Hughes. The question, your honor,
Is like the omnibus, 10 which, lady having
complained OF the presence Of "nxed air,
an Irishman pointed out an individual az
''the man that hxed IT," The questlon hero
was, who fixed the CAST Laughter.l
Some OF the alIldRylts alleging that GER
tain parties had said that certain afldaviti
were "greAs0d,p Judge Olln said loosely
of any man makes an AfildAyit that the
whsels OF this great Government are moved
by being creased, Think will commit him.
Some OF the afildavlts having mentioned
the drunkenness OF the complainant as a
reason why the Invention was delayed, and
why Mr.. DuVall, Of Georgetown, refused "a
allow him 70 come upon his premises, tho
complainant replied that the whole OF thai
Is that al was drunk ! believe that ls nc
crime, at least In Wellington" r 10.
Judge olln. SeG'dalatum n'dgHdtHn', al
. least.
TuE INJUNCTION RERUsED.
When all tho evidence had been heard
Judge Olln said
'"fhIs is an application for preliminary
Injunction. You come hero with certain
allegations Of copartnershlp, fraud, &c.i but
they swear you out OF court upon motion
for an injunction. You don't show that yor
have any usa for receiver, that Whlpple Il
lnSolyent, or anything Of tho kind"
Judge Hughes. The Witnesses show thai
he Is worth $500, 200.
Judge DIN, There Is no case here for al
injunction.
Mr.. Amber wished TO discuss the case.
Mr.. Henkle, his counsel, saw no reason 4
argue tho Injunction.
RI. Amber said, g The dletum Of a Iudg,
ba very different one from the opinion 0
court" ..
Mr.. A. then announced that he Intende,
to argue tho case 80.
Judge olin said that he would only ALLOW
one on each side.
Mr.. Amber then asked that the court ~
qulre the Patent Oflco to produce the origi
nal documents In this case.
Judge DIN. II you have not sense enougl
to bring tho papers here, Of course wont
The court Is not going 10 act as GRAND bo
to the paleBL Office. aa.I E.aF a...-.
Mr.. Ambler then proceeded 10 argue III
general questions suggested BY the case
He said that Mr.. Lincoln had pardoned hlI
out Of prison, and he paid q high compll
ment 10 the lnoorruptible integrity OF th
lamentod dead, and argued his invention
had prevented not less than six railroad dll
asters. lie continued at some length.
The court announced that the prellmlnar
Injunction would not DO granted, .Hts