The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1870-05-17
nerrrrs .sgr,scIssN rorpEDo.
TORP FDOES.
TME ROBERTS
rgTg1LEUM TaHYgl1 50.
Office at the
BEp EsLANIMr MILF.
Corner OF pine aaa second streets,
,(Neal. tho Ra.irOadO
--s---. sTITUSvILLE, Pa.
ITITUSvILLE, Pa.

Owing TO the large and increasing demand.for the
Rnberts TorBedoe', and the late decision OF the
Com,ui-s.oneAbf eifonis in refusing to Wm. Reed
Gnatenl ald the dsci>i ,n ot Judge L. tIlter sul-
tailng the Roberts patent they have LOWERED
tie price Of their Torpedoes
TWENTY PER CENT.
30 that every Operator can afford to.tcy Torpedo
before abandoning Well.
The following Is the decision rendered by JUDGE
Crie. on the twenty-second (s2l day of septemher
1863 in the United States Citciiit Court at Phlaoe-
phs The clse was argued three days by Charles
H. Keller of New York, B T. Lucas and :. a. Pur
vimcc Of Pittsburgh. for defendants. and George
1iriinr of Philadelphia, and George L. Ihrisly, o
Iit;stt IN. for plaintiff.
OPINION OF JUDGE GRIER.
sIwite with dacrlty can only state the con
oln.iors TO which my mind has come after care!r
sxau'ination OF this case.
lhe.com lain mt has exhibited a patent dated
o5t of April lsj5 This Is prima facie evidence OF
good titlc, aud puts on the respondents the bur
den Of pro 4 that ,he patent IS void or worthless.
meet not rcp-it mv.emarhs in the case OF Good
wear W. Day ~ Wall, c. c. Rep 2.9) but now
adopt them a.iordng rule OF decision which aIl-
plies clearly TO the present cise
As the Infringement OF tae patent is a''nit tH,
the only question Will be as 10 the Nalalty Oh com
plaiian,s patent Of April ., 1855
at was after speculation had been reduced to
practice ard after repeated experiments, that The
coIapaiulut succeeded in overcoming ne prejudice
and iruur. nee of the pcGD'Q on the subject, and
rerstiaiing the public that his Invention was use NJ;
ufter ne hid ei thiished it, great ulilty ana value,
u,d when his genus and patient perseverance, in
tpite of sncers aud scoil.,'' were completely sue
.esafnl that Reed: who had before made expert
men,s on the slme suhett. and was unsuccessful,
irirrined that he had the best right tot'e invention,
ard after purchasing one OF nore con hpninant sIGr
pe5oes he anplad on the Is: OF November, 1877,
for put mt fer substantially the same comniaa
tiur- of devices and achinn contained in compain-
an,'s patent. On the 18th OF the same month the
re.pondens f,riled themselves into o company or
corporation called "The Reed Torpedo Company
for the purpose of piriting the ccmp.ainants in-
yention and supporting the expense OF litigation,
ard thus deiiaul hin Of the fruits. They have pc.
severed, even after the preliminary Injunction very
properly granted hy the District Judge.
Let ere, he entered for complainant Tor per
petual INJUNCTION. and Master appointed TO take
al account according to the prayer E o. ,ns bi,l,
NorE--The passage referred to by Judge Grier in
his former decision. 3 Wallace. p. 800 adopted US
applicable to this case was % follows =, o."
at Is usually the case when any valuable d;scov..
ery il made or any new machine OF great utility i
invented that theaiterton Of the public has been
turned to that subject previously, and that may
persons have been making researches and expert
nients Phos'pn and mechanclans may have
III soDie m as,re anticipated in ther sp cu'ations
the possibility or probability Of such discovery or
Invention; many experiments have hrei successful
y tiled, coming very near YET falling short Oi the
desired result They have produced no,t'og penc-
1cial. The invention wheI perfected may truly he
rid to be tho eliminating point 81 many expert
crs. lie may have proited indirectly bv the un-uc-
ce4sful experiments and failures. of Others. but +
gives the right to ciam share OF the honor Of
lie proht OF the successful inventor IL ii when
speculation has been reduced to practice, when OK
pertinent ha. resulted in discovery and when tia
discovery has been perfected by patient anu contin
ned experiments when some new compo md art
Inanuiactute, or mschire has been ha- prodgced
which is ustiitQ the public that the party InaSinEi
becomes apublic benefattof and entitled to ent
aud YET when genius and psti, 1T pSsae, erance
have III length succeeded, in spite .of sn.ers land
scott. some valuable nsentiOn or cisco"ery. hoHl
seldom il i, followed BY reward Envy robs him
Of the honor. While rpeoulators swird.e $, ard p-
rates rob him Of the profits. Every u;isuccessu
experinianer who did or did Or did lot come ytrJ
near making discovery now claims it. Every one
who can iuv,nt all Improvement or vary its form,
claims right u pirate tie o.igial discovery. w
med not summons Morse, os blanchard or Wood
WORTH 10 prove tnat this is The usual history OF eve
~ great discovery or invention.
"1hc present case aods another chapter to this
long apd uniform history 20 Wallace, G. u lie
ports p. 292.