The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1870-10-05

ROBERTS PETROLEUM TORPEDO.
EORPEDOES.
TIE RORERTs
PITReIgvM TsRlRD0 90.
Office at the
Red PLANING MILL,
Corner Of Pine and Second Streets.
Near the RatiroadJ
TITUSvILLE, PA.
Owing 70 the large and increasing demand for the
Roberts TOrpedOes, and the late decision OF the
commissioner Of Patents in refusing to VIM Reed
taining the Roberts patent they have LOWE
tho price Of their TCrpedoes
TWENTY: PER CENT.
20 th& every Operator can Afford ,o'try a rorncdo
before abandoning We'll.
The following is tho decision rendered by Judge
Grr on Me twcnty.second (22) day of Sei,tember
lS IN IN the United States Circuit Court at Phiadel.
NJ Keller Of New York, B. =. Lucas and s. A. Pur
VANCE Of Pittsburgh, for defendants, and Georrc
pnisJlng of rhiiadcpna, and George II. Chrsiy, of
OPINION OF JUDGE GRIER
"A: write with difficulty can only state the con
clusions to which my mind has come aitar n csrsS,
examination of this case '"
o- The complainant has exhibited a patent dated
a good title, and puts on the respondents the bnr
den OF pronf that the patent is void or worthless
need not repeat my remarks in the case Of Good.
adopt them rs affording rule OF decision which nm.
plies clearly to the present case.
=, AZ the infringement Of the patent is admitted,
piainan's patent Of April 25, 1858.
"lt wa: after speculation had been reduced to
practice" aud after repeated experiments, that the
SomPianan. succeeded In overcoming he prejudice
pcrsading the public that his invention wss usefni:
after he had established its great utility and ynlne
ante sna %nUn W Ss zen goaus Snd patient III
cessfnl, that Reed, who had before made cxperi
ncnts on the same subject, and was unsuccessfni.
imagined that ne had the best right to the invention,
and after purchasing one OF more complainant's tor
pedoes, he applied ON the ist of November, 1851.
10r patent for Substantially tho same cOmbiua.
;,s nops os aevicos and machine contained in complain
respondents formed themselves into a COMPANY or
corporation called '.The Reed Torpedo Company"
yeronp ,Sl tss sn @a prss1g the In
and thus defraud him Of the fruits. They have per
severed even after the preliminary injunction very
properly granted by the District Judge.
petuai injunction. and Master appointed to take
an account according to the prayer %f the bill
NorE.-The passage referred 10 by Judge Grier IN
his former decision, Wallace, p 2o9, sdopted a.
applicable to this case was a. follows: ~
at Is usually the case, when any valuable discov
cry IL made, or any new machine f great utilitv In
Invented that the attention Of the public has Seen
turned t3 that subject previously, and that many
n,ents. Philosophers and meehaniciaps NAV have
IN sone measure anticipated in their specuiations
the possibility or probability Of such discovery or
invenaoo IN may e.pements have been succe:efnl.
desired result They have produced nothing bene.
ncal. Tho invention whom perfected may truly be
said to be the eliminating point Of many exDeri.
mens, not only by the inventor, bnt by many 9th.
ors do may have pTO1ted indirectly Nv tic ilnsnc
cesstul experiments and failures Of OTHERS but II
gives them no right to claim share of the honor of
the profit OF the successful inventor II n when
speculation has been reduced to practice, when ex
pertinent mas resulted in discovery and when that
ned experiments, when some new compound, srt,
manufacture, or machine has been thyis nrofiueed
which s useful to the public that the party MAKING II
becomes apnblic benefact0r and entiiledto patent
have at length succeeded, IN spite Of sneers and
ecOds, some valuable invention or discO~ery, how
seldom is II followed by reward Envy robs MIN
q the honor, while spectators, swindlers and pi
rates rob him Of the profits. livery unsuccessful
near making discovery now claims Il. Every ons
who can invent IN Improvements or vary its form.
claims right 70 pirate tbe original discovery We
need not sWnmons MOese o. Blanchard, OF Wood.
worth % prove tha tnis is the usual history Of eve
"The present case Gods another chapter to this
ports y. IA