The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1870-07-18
ROBERTS PETROLEUM TORPEDO.

ROBERTS PETROLEUM TORPEDO.
TORPEDOES.|
THE ROBERTS
PETROLEUM TORPEDO Gu
Office Mt the
RED pLANING MILL.
Corner OF Pine and second streets,
e(Ncar the RatireadO
1rusv11IE, Pa.
Owing to the large and increasing demand for the
Roberts Torpedoes, and the late decision OF the
Commissioner of Patents In refusing to VIM. Reed
a patent and the decision of judge X. Y Glter sus
tafuing the Roberts paten, they;have LOWERED
the price Of their Torpedoes
TWENTY PER CENT.
20 that every Operator can aaord:,u try a Torpedo
before abandoning Well.
The following is the decision rendered by Judge
Grier on the twenty. (2.) day of september,
iSs0 in the United States Circuit Court at Phladel.
mia The case was argued three days by Charles
n. Keller of New York, u. \. Lucas and s A. Pur-
yiance of Pittsburgh, for defendants, and Georgei
Harding Ol tHluuelphlss, lHu SooISc IL. NuIlsty,O y
Pittsburgh, for plaintiff.
OPINION OF JUDGE GRIER.
AsI write with difficulty can only state the con
clusions to which my mind has come after q careful
examination Of this case. !
The complainant has exhibited afpatentTdate
s5th of April, 1865. This Is prima facie evidence Of
q good title, and puts on the respondents the bur
den of proof that the patent is void or worthless.
need not repeat my remarks In the case Of Good
wear vs.. Day Il Wall, G. c. Rep; 229.) but now
adopt them as Afordins rule OF decision which ap.
D les clearly to the present csse.
As the intrinxement Of the patent Is admi, ted,
the only question will be rs to the validity Of com
painants patent of April 25, 1858.
.'lt was after speculation had been reduced to
practice and after repeated experiments that the
complainant succeeded in overcoming he prejudice
and Ignorance of the people the subject, and
pers,Iadng the public that his invention useful;
after he had established its great utility and value
aud "when his genius and patient perseverance, in
cessful, that Reed, who had before made expert
ments on the same subject, and was unsuccessful,
imagined that he had the best right to the invention,
and after purchasing one more complainant tor
pedoes. he applied on the LIST Of November, 1867,
Tor patent for substantially tho same cOmbina.
tiuns of devices and machine contained in complain.
ants patelt. On the 18th of the same month the
RESPONDENTS formed them selves into company or
corporation called 'The Reed Torpedo Company, ~
for the purpose Of pirating the compainant's in
vention, and supporting the expense OF litigation
severed even after the preliminary injunction very
properly granted by the District Judge.
let a decree be entered for complainant for per
petval Injunction. and Master appointed to take
IN account according to the prayer Of the bill.
Il. c. GRIER, Judge
NorE.-The passage referred to BY Judge Grier in
| his former decision, Wallace, p. 200. adopted a:
applicable to this case was as follows:
\ sIt Is usually the case, when any valuable dscov
cry s made, or any new machine of great utility i,
invented that attention of the public has beer
turned to that subject previously, and that man,
| persons have been making researches and expert
inents Philosophers and mechanicians may hav
IN some measure anticipated In their specu'ation
the possibility probability Of sueh discovery O
ly tiled, coming very near. yet falling short of tn
desired result They have produced nothing bene
fcial The invention when perfected may truly b.
s.id to be the eliminating point OF manv expert
ora. lie may have protited indirectly bv the unsuc
cessful experiments and failures of others, hut
gives them right to clam share of the honor O
The profit of the successful inventor 1t is whel
pertinent ha- resulted In discovery and when tina
discovery has been perfected by patient ana cOntin
ued experiments, when some new compound, art
manufacture, or machine has been thus produces
which is useful to the public that the party making
becomes public benefActOr and entitled to patent
"Aud yet when genius and patient perscveranc
have at length succeeded, In spite of +ers an
SCOTS, some valuable invention or discovery, no,
seldom is il followed by reward Envy robs hir
Of the honor, whiie speculatOrs, swindles, and ri
rates rob him Of tho profits. Every unsuccessir
experimenter who did or did or did not come yer
near making discovery now claims 1t. Every on
who can Invent an improvement or vary its form
claims right to pirate the original discovery. W
| need not summons Morse, or Blanchard, or WOOD
worth to prove that this is the usual history of cv
| nv great discovery or invention.
'"Thc present case adds another chapter tn th
} loas and uniform history."-2 Wallace, G. Z. H
ports p. 29s.