The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1870-08-12

= AObERTS SETkOkEUM TOkfEDO.
'TORPEDOES.
'vhE RWBERTs
PsmmssM TaalIDo %.
Office at the
RED PLAEING MILL.
Corner OF Pine and Second Streets,
Near tho HailrOad,)
ITUsVILLE, PA.
Owing 10 the laHce and increasing demand for the
Roberto Torpedoes and the late decision of the
ehnlmssiOncr Of Patents in refu sing to VIM Reed
pslent; and the DECISION Of Judge 4. [. Grier sus
t4idngfhe Robsrts' patent they have LOWERED
the priec Of thef Torredoes
TWENTY PERCENT.
70 that every Opwator can afford ,u.tyy Torpeto
before abandoning Well.
The following is the decision rendered by Jud,e
1ricr On the twenty second (22) day of September.
tS N the United States Circuit Court at Philadel.
Rh'a Iise case was argued three days bv Charles
NJ Keller Of New York, d. T. Lucas and : A. Pnr.
viaD:e W Pittsburgh, for defendants, and Geor1pf
tiard,ns OF Philadelphia, and George II. Chris,y,o
A~"spurgn, Dr pla!nuli.
OPINlONlOE JUDGE GRIER.
~ write with eiiculty can only state the con
sl,rscps to which my mind has come after d care,,
examination Of this cas-.
Tho com claimant hss exhibited a patcp, dated
10Th Of April. 1865. This is prma facie evidence Of
good title, and puts on the respondents the bur-
den OF proof that the patent is void or worthless
need not repeat my remarks i'll the case of Good
year W; Day u Val, c. c. Rep; 229) bat now
= plies cleary TO the present case.
4, As me management Of the patent is aimi, ted
me only question will be rs TO the validity OF com
phinanss patent Of April q, 1858
ut was after speculation had been reduced 10
practice" and after repeated experirnen,s that The
complainant succeeded in overcoming he prejudice
and ignorance of the people on the subject and
persIading the public that his invention was use;ul.
ater he had established Its great utility and y.lue
and when his genius and patient perseverance, in
cessful, that Reed, who had before made cxperi.
mens ON tue same snhiect and was unsuccessful
lmagned that he had the best right to the invention
and after purchasing one OF more complainant Tor
pedOeS. he applied on the LIST OF November 1857
for patent for substantially the same coni,ipa
uons VI devices and machine contained in complain
nts patent On the 18th Of the same month the
respondents formed themselves into company or
corporation called 1.-THE Reed Torpedo Coinpany.'
ior the purpose OF pirating the compainant's in
vsntton, and supporting the expense of litigation
and thus dsfraud him of the fruits. They have nc.
severed, even after the preliminary injunction very
properly granted by the District Judge.
Lea decree be entered for complainant for a ner.
petual injunction. and a Master appointed to take
~ account according to the prayer of the bill
X. c. GRIER, Judge.
NorE-The passage referred to bv Judge Gricr in
MS former decision, Wallace, p. 200, adopted az
appncabte to this case was us follows:
IT 10 usually the casc, when any valuable d.cov.
cry Is made, or any new machine of great utility is
!hvchico, That the attention of the public has been
tHrn0d to that subject previously and that many
persons have been making researches and expeIi.
Inents. Philosophers and n,echanicians NAV have
III come measure anticipated in their speclilatiOns
THO possibility or probability Of such discovery or
invention; many experiments have been successful.
~ ttied, coming very near. yet falling short u! the
GcSlrcd resnlt. They have produced nothing hene.
hcal. The invention when perfected may truly be
tsid to bc the eliminating point of many eXpcri.
laen 8, not only by the inventor but by many 9TH
ors ie may have prOfted indirectly BY the iInsuc.
Cessful experiments and failures of Others but II
gives them NO right to claim share of the honor of
the proht oil the successful inventor II Is when
speculation has been reduced to practice, when ex
Pefimenl Ga' rtSulted IL discovery and when that
discovery has bnen perfected by patient ana contn
ned experiments, whom some new compound, art
manufacture. or machine has bcen thu. produced
which is useful to thepublic, that the party makinyit
becomes apublic bcncfaCtOr and entitled to patent
"Aud yet when genius and patient perseverance,
lave at length succeeded, in spite of sneers and
sc0ffs, some valuable invention or Cisco"cry how
seldom IL ii followed by reward Envy robs him
of the honor, whiic spectators, swird!es and pi-
rates rob him Of the profits. Every ,lnsnccr-sf,ll
exi'crimenier who dd or did or did not come very
near making discovery now claims it, Every one
VINO can Invent M Improvement vary its form
claims right TO piraie the original discovery W.;
need NOT summons MORSE, or Blanchard, or Wood
worth to prove that this i. the Usual history of eve
ry great discovery or invention.
"Ihc present case ADDS another chapter To this
long and uniform hstory."2 Wallace, {. C. Re
ports p 22.