The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1870-06-22
ROBERTS PETROLEUM TORPEDO.
KUDEhIS u hOIT1UM IVItt f1DO'
TORPEDOES.
THE ROBERTS
PETROLEUM TORPEDO co.
Office at the
RED FLAMING MILL.
Corner of Pine and second Streets,
t(Near the IiailrOad,)
ITUSVILLE, 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 r. Grier sus.
tanning the Roberts patent they have LOWERED
the price of their Torpedoes
TWENTY PER CENT.
so that every Operator can afford to try a Torpedo
before abandoning Wen.
Ihe following is the decision rendered by Judge
Grier on the tweDty-second (22l day of September,
1Sg in the United States Circuit Court at Philade-
nbia The case was argued three days by Charles
NJ Keller of New York. b. 4. Lucas and :. A. Pur-
yiance of Pittsburgh, for defendants, and George
Harding of Philadelphia, and George Il. ChIisiy,
Pittsburgh, for plaintiff.
OPINION OF JUDGE GRIER.
As I write with iiniculty can only state the con
clusions to which my mind has come after carc!r
Tho comnlainant has exhibited patertcdatcd
25th Of April 1865. This is primo facie evidence OF
good title, and puts on the respondents ne bur
den of proof that the patent Is void Or worthless
need not repeat my remarks in the case of Good
wear vs. Day q Wall, c. c. Rep; 229,) but now
adopt them as affording rule OF decision Which ap-
plies clearly to the present case.
As the infringement of the patent is admit ted
the only question will be as to the validity of COM
plainan,s pateiit of April 25, lS5S.
ut was after speculation had been reduced to
complainant succeeded in overcoming he prejudice
and Ignorance of the people on the subject, and
persuadiug the public that his invention was usefll
after he had established its great utility and value,
and "when his genius and patient perseverance, in
spite of sncers and scods," were completely sue
cessful, that Reed, who had before made expert
ments on t4e same subject and was unsuccessful
imagined that he had the best right to the ion
and after purchasing one OF more compainant's tor
pedoes he applied on the 1st of November, 1897.
for patent for substantially tho same combina.
tiops of devices and achine contained in complain
ants natent On the 18th Of the same month the
respondents formed themselves into company or
corporation called "The Reed Torpedo Company
for the purpose Of pirating the complanants in
ventiou and supporting the expense of litigation,
and thus iefraud him of the fruits. They have PEI.
severed even after the preliminary Injunction very
properly granted by the District Judge
Let n decree he entered for complainant for q per
petual Injunction and Master appointed TO take
an account according to the prayer Of the bill.
L. Z. GRIER, Judge
NorE-The passage referred to by Judge Grier in
his former decision, 3 Wallace, p. 900 adopted as
appiicAbte to this case was as follows:
It il usually the case, when any valuable discov.
erv ia vade. or any new machine of great utility il
invented that the attention of the public has been
turned to that subject previously, and that many
persons have been making researches and expert.
ments Philosophers and mechanicians may have
IN some measure anticipated in their sprcuatons
the possibility or probability Of such discovery or
inventos; many experiments have been successful
ly tried coming very near. yet falling short of the
desired result They have produced nothing bene-
ficial The invention when perfected may truly be
s.id to Ire the eliminating point of many expert.
men s. not only by the inventor, but by many 9TH
Ors He may have pro1ited indirectly by the unsuc-
cessful experiments and failures of Others. but it
rtyes them right to claim share of the honor oi
| the profit of the successful inventor 1t is when
speculation has been reduced to practice, when ex!
perment has resulted In discovery. and when that
di iscovcry has been perfected by patient ana oontn
| ued experiments, when some new compound, art
| manufacture, or machine has been thus produced
which Is useful to the public, that the party making ii
becomes apublic beneiactor and entitledto patent
| "Aud yet when genius and patient perseverance
| have at length succeeded, in spite of snetrs aud
| SCOTS, some valuable invention or discovery, how
| seldom is il followed by reward Envy robs him
| of the honor, whiie speculators. swinders, and p
| rates rob him OF the profits Every unsuccessful
exuerimenIer who did or I'D or did not come very
near making discovery now claims it. Every on
| who can Invent an Improvement 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 eve
| nv great discovery or invention.
| '"Ihe present case adds another chapter to th
| LONG and uniform history."-2 Wallace, G. 4. Ire
| pcpts d. 292.