The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1870-11-05
ROBERTS PETROLEUM TORPEDO.

I1AnUk0Um I00T1Uu W.
Office at the
RED planning MILL,
CerMer OF Pine and second streets,
;Noar tho RatlroadJ
TrTUSVILLE, PA.
Owing 70 the large and increasing demand for the
Roberts TUrpe.loes and the late decision of the
Commissioner Of Patents In refusing to VIM. Reed
patent and the decision of Judge X. Z. Grier sus.
saining the Roberts patent they have LOW Erred
the price OF their Torpedoes
TWENTY PER CENT.
10 that every Operator can afford ,vtry a Torpedo
before abandoning Well
The following is the decision rendered bv Jufge
0rier on the twenty (22) day of sei,tember
1s,e IN the United States Circuit Court ut Filaiel.
Phla: The .ase was argued three days b. Charles
NJ. Keller OF New York, b. 7. Lucas and s. A. Pur.
viance Of Pittsburgh, for defendants and Ceoroe
Aarding Of Philadelphia, and George H. Ch,isty, OF
Pittsburgh, for plaintiff.
OPINION OF JUDGE GRIER.
"A: write with difficulty can only state the con
illusions to which my mind has come after a carsfi
examination Of this case /
The complainant has exhibited a/patcn, dated
25sh Of April 1866. This is prima facie evidence of
good title, and puts on the respondents the bur
den OF proot that the patent is void or worthless.
need not repeat my remarks in the case of Good.
year ". Day Il Wall, G. G. Rep; 229) but now
adopt them as aIordng rule OF decision which an
plies Clearly to the present case.
As the Infringement of the patent il admitted
the only question will be as to the ?udty of com
plainants patent OF April -, 1858.
III was aiter speculation had been reduced TO
pfac1ce, and AFTER repeated experiments, that the
complainant succeeded in overcoming he prejudice
and ignorance of the people on the subject, and
persuadng the public that his invention was usehi;
-h0lt TIA
and when his genius and patient perseverance, in
spite OF sncers and scOtfs," were completely suc
sosstal, that Reed, who had before made expert.
ments on the same subject, and was unsuccessG,i
Imagined that he had the best right to the Invention
and after purchasing one more conplainant's tor
pedocs. he spplied on the ist of November, 1851.
fDr patent for substantially the same combino
tons OF devices and hnc contained in COMPLAIN
ants patent. On the 18th of the same month the
respondents formed themselves into a company or
corporation called ''Thc Reed Torpedo COn,nnnv !,
for the pdrpose OF piratnl the c0mplainani's in.
and thus deaud him Of thats rHey he a.on hsvs nef
properly granted by the District Judge. ''''
Let a decree be entered for complainant for a no-
petuai Injunction. ard Master appointed TO take
an account according to the prayer of the bill.
,Fors.-The passage referred TO bv Judge Grier in
hls lorinsr d+c'.'on, s W"lacs, p. 800 adopted as
app icetfc to this case was as fellows:
~ ID usually the case, when any valuable di.coy
cry ls made, or any new machine of great uiitv il
invented, that the attention Of the public In, heoY
turned to that subject previously, and that many
person5 nave boen making researches and exnsri
Men's Philosophers and mee.lanicians NAV hay,
IN seme MEASURE anticipated in their specu'otjons
The possibility or probability of such discovery or
invention; many experiments have bee s,cce.. mi
~ tiie, coming. very near. yet falling short nj tha
desired resIt. They have produced nothiur benn.
hclal. The iuveiliion when perfected NAV fruIv ho
ssit to be the eliminating point of many ey1eri
men ), not only by the inventor, but by monv 9th.
ors. lie may have protited Indirectly by the i,nsuc
ee-sfu experiments and failures of Others. bIt II
gives them right to claim share of The he nnr nj
ire prolit of the successful inventor II il when
speculation has been reti,cAd to practice. wben oy
pertinent .ias resulted In discovery and when thn,
discovery has been perfected by patient ana contin
ued experiments, when some new comno,nd OF
hanuiactuie, or machine has been Tins produ.ed
which Is useful 10 the pub'icthat the marty making n
becomes apublic bene,actor Ind entitled 10 n tntent
"And yet when genius and patient perseverance,
have Mt length succeeded, ia srite of sn, ers and
scoif', some valuable invention or Ci,co"erv how
seldom is II followed by reward Envy robs him
Of the honor, whiie specul,'ors swindlers AMI nj;
Rates rob him of the profits. Every unsuccessful
experimenier who did Or did or did not come ypry
near making discovery now claims It. Every ons
who can invent an Improvement or yary its inrm
claims right to pirate the original discovery We
need not summons Morse. or Blanchard or Wood
worth to prove that this is the usual history Of eve
- great discovery or invention.
1.-The present case aGds another chauter To this
hng and uniform hstory."-o Wallace, C. &, Ko.
ports p. 292. N