The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1870-06-11
ROBERTS PETROLEUM TORPEDO.
TORPEDOES.
THE ROBERTS
PETROLEUM TORPEDO Co.
Office at the
RED EaLANING MILL,
Corner OF Pine and second Streets,
l(Near the HaiirOad,)
1TUSvILLE, 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
patent and the decision of Judge II. Z Grier sus-
tanning the Roberts patent they have LOWERED
the price Of their Torpedoes
TWENTY PER CENT.
90 that every Operator can arord,to try a Torpedo
before abandoning Well
The following is the cision.rendered by Judge
Crier on the twenty second (22) day of September,
1859 in the United States Circuit Court at Phade-
phia The case was argued three days by Charles
NJ Keller of New York. d T. Lucas and :. A. Pur 1
viance of Pittsburgh, for defendants, and George
Harding of Philadelphia, and George II. Christy,
Pittsburgh, for plaintiff
OPINlONTOF JUDGE GRIER.
A. write with difficulty can only state the con
clusons TO which my mind has come after a care!li.
examination Of this case.
The com,llainant has exhibited a patent dated
25th Of April, 1865. This s prma facie evidence of
a 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 (2 Wall, c. c. Rep; 229,) but now
adopt them as affording rule OF decision which ap
pics clearly to tine present case.
As the infringement of the patent is admit ted,
the only question will be as to the validity OF COM
| plainants patent of April 25, 1s5S.
| at was after speculation had been reduced to
prlct ce and after repeated experiments, that the
complainant succeeded in overcoming he prejudice
| and ignorance of the people on the subject, and
persuaiing the public that his invention useu
after he had established its great utility and value,
and '.when his genius and patient perseverance, in
spite of sncers and SCOTS, were completely sue
ces.ful, that Reed, who had before made expert.
ments on the snme subject and was unsuccessful,
imagined that he had the best right to the invention
ard after purchasing one OF more coinpainant's tor
| pedocs he applied on the LIST OF November, 1857.
| for patent for Substantially the same combna
tions of devices ami machine contained in complain
ants patent. On the 18th of the same month the
4 respondents formed themselves into company or
corporation called ..The Reed Torpedo Company, y
| for the purpose of pirating the cOmplanant's in
vention, and supporting the expense OF litigation
and thus defraud him of the fruits. They have PEI:
severed, after the preliminary Injunction very
| properly granted by the District Judge.
I Let decree be entered.for complainant for per
petuai injunction. and Master appointed TO take
an account according to the prayer Of the bill
| K. e. GRIER, Judge.
NorE-The passage referred to by Judge Grier il
his former decis' on, Wallace, p. 900 adopted a:
appiicabfe to this case was as follows:
at is usually the case. when any valuable dseov
err is uade or any new machine Of great utility i.
invented, that the attention of the public has beer
turned to that subject previously, and that many
persons have been making researches and expert
ments. Philosophers ana mechanicians may hav,
| III some measure anticipated in their speculation.
| the possibility or probability Of such discovery o
inventions: many experiments have been successful
ly tIed, coming very near yet falling short of th'
| desired result. They have produced nothing bene
fetal. The invention whe!, perfected may truly b.
| said to be the eliminating point OF many expert
men :, not only by the inventor. hut by many 9th
ors lie may have protited indirectly bv the nnsuc
cessfui experiments and failures of others. but /
gives them right to claim share of the honor o
the profit OF the successful inventor. 1t il wheI
speculation has been reduced to practice when ex
| pertinent ha. resulted in discovery, and when tia
discovery has been perfected by patient contin
ued experiments when some new compound. art
manufacture. or machine has been thus produced
which Is useful to thepubc, that the party making
becomes apublic benefactor and entitledto patent
.'Aud yet wien genius and patient perseverance
have at length succeeded, In spite of sneers an,
SCOTS. some valuable invention or discovery, hov
seldom is il followed by reward Envy robs hin
of the honor, whiie spectators, swindeis, and nj
rates rob him of the profits Every Unsuccessful
experimcn;er who did or did or did not come yer
1 near making discovery claims il. Every on
who can Invent an Improvement vary its form
claims right to piraIe the original discovery W
need not summons Morse, or Blanchard. or Wood
worth prove that this is the usual history of eve
nv great discovery OF invention.
"rhc present case adds another chapter to thi
long ana uniform history."-2 Wallace, G. C. Re
ports p. 292.