The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1870-09-27


TORPE EDOES.
THE ROBERTS
PETROLEUM TORPEDO CO.
Office AZ tho
RED planning MILL.
Corner of Pine ana seeoad Streets,
Near the ltatIroad.)
ITUsvILLE, Pa.
Owing TO the large and increasing demand for the
Roberts TorpedOes, and tn. late decision of the
Commissioners Of Patents in refusing to Wm Reed
patent and the decision Of Judge r. &. Grier sus.
t,iusng the Roberts patent they have LOWERED
the price Of their Torpedoes
TWENTY PER CENT.
20 that every Operator can utfcrd ,utry a rorpedo
before abandoning Well.
The following ia the decision rendered by Jrdce
STier on the twenty.socond ts2) day of sentember.
1862, in the United States Circuit Court at b;iaSel
pnia: Inc case was argued three days by Ihnrlos
Al Keller of New York, B. H. Lucas and { 4 pnrs
1ianee OF P;lshurgh, for defendants, and George,
fiitsburgh for plaintiff.
OPINION OF JUDGE GRIER
As write with difficulty can only sta,o tho cor
clnsions to which my mind has come after care;I,
examination Of this case.
The complainant has exhibited patent dated
18th of April ISIS. This is prina facie eyidencn ot
good title, and puts on the respondents the bnr
den OF proof that the patent is void or worthless
year vs. Day (2 Wall, c. C. Rep 2291 Int now
adopt them as aftordng a rule OF decision Which an
piles Clearly to the present case.
AS the iniringsment of the patent is admit ted
fha Na1t1 ito ne.,
plainau's patent of April 2j, 1858
at was after speculation had been reduced 10
complainant succeeded in overcoming he prejudice
and ignorance of the people on the subject and
persuading the puhc that his invention was usehIl
after he mad established its great utility and value
and when his genius and patient perseverance, in
hp!te OF sncers aud scoHs,' were completely s,ic
csssiul, that Reed, who had before made experi.
ments on tne same subject, and was unsuccessful,
imagined that lie had the best right to tue invention
aad after purchasing one more Complainant's tor
Pedoo', he applied on the lst OF November 1861
ior patent ior substantially the same combina,
tiOns OF devices and uaChin. contained in complain
ants patent On the 10th OF the same month the
respondents formed themselves into company or
corporation called THE Reed Torpedo Company"
Tor the purpose Of prating the c0mDlainani,s In.
Nennon, anu supporting the expense of litigation
and thu- defr1ud him of the fruits They have pce
properly granted by the District Judge
Let d.cree be entered for complainant for n nor
pe.aal injunction. and Master appointed TO take
"h ACCOUNT acc9iuihS 10 Ihe prayer of the bill.
Il. Z. GRIER, Judge.
SoTE.-The passage referred to BY JUDGE Crier in
his former decision. Wallace, p. 800 adopted as
app icabie to this case was as follows:
''lt Is usually the case, when any valuable tii.cov
cry is made, or any new machine of great uii.y /,
invented, that the attention OF the public has been
turned to thar subject previously. dnc that manv
persons have been making researches and eyneri
nens. Ihilos 'phers and mechaniciaus NAV have
IL some measure anticipated in their sp.cuiations
the possibility or probability Of such discovery or
Invention: many experiments lave been success mi,
~ 'iied, coming vely pear yet falling short of the
desired result. They have produced nothing bene-
fclal. The Invention whe. perfected may trulv he
said to be the eliminating point of many exnci.
Inen 2, not only by the inventor but by many oth.
org. lie may Aave profted indirectly iy lle insrr.
eessfu experiments and failures Of others, but i,
gives them no right 10 car! 4 share of the hcror of
tie proiJ OF the successful inventor IL il when
speculation has been redlc d TO practice when OK.
pertinent Ia resulted in dis '1,ery, and when tnat
discovery has betn perfected by patient ana contin.
lied eXperim cnt., when some new cn,nDound ART
which is useful to thcpubc,t thar the party nakingn IL
becomes apubllc bcneiaCtOr and led 10 IN, ont
"An1 yet when genius and patient perseverance,
have at length succeeded, in spite OF sneers and
SCOTS some valuable Invention or dsco"ery how
seldom is il followed by reward Envy robs him
Of the honor, while specuators, swindle.s, and pi
rates rob him Of the profits. Every un.uccess.ul
Experimental VINO did or did or did hot come y,ry
near making discovery now claims il, Every ons
who can Invent an Improvement or vary its iOrm
claims right TO pirate the original discovery. We
need not summons Morse or blanchard, or Wood.
worth to prove taat ti5 is the usual history of eve
~ great discovery Or invention.
'The present case a0ds another chapter to this
long and uniform h!story.'-2 w allace, c. {. Re.
ports p. so2