The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1870-07-26
ROBERTS PETROLEUM TORPEDO.

TORP,EDOES.
THE ROBERTS
PETROLEUM TORPEDO CO.
Office at tile
RED planning MILL.
WCorncr OF Pine and Sec ond Streets,
l..s I(Near the RatlrOad,)
rTusv1LLE, PA.
Owing to the large and increasing demand for the
ROberts' Tnrpedoes. and the late decision OF the
Commissioner of Patents I'm refusing to VIM. Reed
patent and the decision Of Judge r. Z. Grier s,is
tanning the Roberts, patent they have LOWERED
the price of their Torpedoes
TWENTY PER CENT.
20 that every Operator can afford 10 try Torpcdr
before abandoning Well.
The following ia the decision rendered by Judge
Grer on the twenty-second (22) day of Sentember
1869, in the UGited States Circuit Court at Phade
phis:: The case was srgned three Gays by Charlie.
N. Keller Of New York, b. I. Lucas and s. A. Pur.
viance of Pittsburgh, for defendants and George
Harding of Philadelphia, and George II. Chrsty, o
Pittsburgh, for plaintiff.
OPINIONsOT JUDGE GRIERl
As write with difficulty cnn only state the con
clusions 70 which my mind has come after careful
examination of this case.
The complainant has exhibited a patent dated
18th Of Apsl, 1850 This is prma facie evidence OF
good title, and puts on the respondents the bur.
den of proof that the patent Is void worthless.
necd not repeat my remarks in the case of Good.
year W; Day u Wall, C. G.. Rep. 299,) but now
adopt them as aifording rule Of decision which ar-
plies clearly to the present csse.
. As the Infringement of the patent is admit ted,
the only question viii be as to the validity of com.
plainants patent of April 25, 1863.
"lt was after speculation had been reduced to
practice" and Of er repeated experiments that the
complainant succeeded in overcoming he prejudice
and ignog france OF the people on the subject, and
peisuatiug the public that his invention was
after he had established its great utility and yalue
AM 'when his genius and patient perseverance. in
sps 81 ;sas fscer7 ma scois were completely sue
lnents on the same subject and was unsuccassfni
imagined thai he had the best right to the Invention
aoa a.ter pnrchasng one or more complainants tor
FOR patent for substantially tho same cOmhina
tions Of devices and machine contained in comnjain
anus , pa sent On me 15th Of the same month the
respondents formed themselves into company or
corporation called "1he Reed Torpedo Comnanv. ),
for tho purpose of pirating the complainant's in
and thus dsfaud him Of the fruits. Thew baye Te,
severed even after the preliminary Injunction yerv
properly granted by the District Judge
nst1a, M acree be entered & for complainant for per
r. c. GRIER, Judge.
.NorE The passage referred to bv Judge Grier in
his former decision, B Wallace, D. 200 sdonfed a.
applicable to this case was as follows: "NOptsu %
1T 10 usually the case, when any valuable discoy.
cry is rete or any new machine Of great utiifv Ia
invented tint the attention Of the public has been
turned to that subject previously, and that many
persons nave been making researches and experi.
ments Philosophers and mechanciaps NAV have
IN some m astire anticipated in their specuiations
the pc7sioility or probability of such discovery or
!nven..ou many experiments have been successful.
y tied, coming very near. yet falling short of the
cesirel rosult. They have produced nothing bene.
Neal III = invention when perfected may truly be
sala 70 De the eliminating point of manv expert.
ors lie may have profited Indirectly by the i,nsnc
cessful experiments and failures of others, but II
gives fhe no right to claim a share of the honor of
the p.oft Of the successful inventor 1t is when
speculation has been reduced to practice when ex
pertinent has resulted in discovery. and when that
ued experiments, when some new compound. art
manu!acture, or machine has been thus produced
which IS useful to the public that the party making n
becomes apullic benefactOr and entitled to patent
"Auo yet when genius and patient perseverance
nave Mt length succeeded in spite Of sneers and
soohs, ie Z. sa,nabie invention or discovery, how
seldom Is II followed by reward Envy robs him
oi the honor, whiic speculators, swindeis and ri.
rates rob him of the profits Every upsuccesstul
eXpe menter who did or did or did not come yery
near making a discovery now claims it. Every one
VINO can ant An improvement or vary its form
clanis right 10 pirate the original discovery We
need not summons Morse, Or Blanchard, or Wood
worth to prove that this is the usual history of eve
ry great discOvery or invention
"The present case ADDS another chapter to this
long and uniform history."-2 Wallace, c. Z. Re
ports p. 292