The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1870-10-11

ROBERTS PETROLEUM TORPEDO.
TORPEDOES.
THE IsUDERTs
PETROLEUM TORPEDO CO.
Office Mt the
RED PLANNING MILL.
Corner OF Pine and second Strccts,
Near the RattroadO
TITVSvILLE, Pa.
Owing TO- the large and increasing demand for the
Ue0hcrts' Tdrpedoes, and the late decision of the
0olnmissionet Of Patents In refusing 10 VIM. Reed
patent and the decision OF Judge K. e. Grier sus-
taluiny the itobsrts' pitent they have LOWERED
the price Of their TorpetOes
TwBNrY. PER CENT.
40 that every Operator can afford 10 try Torpcdo
before abandoning Well.
The following is the decision rendered by judge
Grisr on the twenty (a2l day of ssrtember
phia The case was argued three days by Charles
NJ. Keller Of New York, b. T. Lucas and S. A. Pur.
TianGo' Of Pittsburgh, for defendants, and George
l1ttsburgh; for plaintiff.
OPINION OF JUDGE GRIER.
A. write with difficulty can only state the cor,
cllisons to which my mind has come after careiu.
OK ,ninatton Of this case
18th Of April, lS'5 This Is prma facie evidence of
good title, nnd puts on tho respondents the bur.
den OF proof that the patent is void "r worthless.
year vs. Day II wall, C. c. Rep; 2se1 b,,t 'u now
adopt them as sffording rule oi decision which mr.,
plies clearly to the present ease.
As the infringement Of the patent Is admit ,d
the only question will be as to the VALIDITY nj com
pailanIs patent of April q, 1885,.
1T was after speculation had been reduced to
isractice," and after repeated experiments, that the
complainant succeeded ia overcomin he rreindice
and Ignorance of the people on the subject, and
psrsusilg tne plblic thu, his inven:ion was useu;
mud "when his goniu, and patient perseverance, in
spite OF sncers and scoirs," were completely s,ic
ccssfal, TINT Reed, who had before made expert
Inents on the same subject, and vas unsuccessful.
sm s1nel that he htd the best right to the invention
and after purchasing one more conplainant's tor
pedoes. he applied on the ist Of November, 1857,
tiOns Of dovioes and machine contained in comnlan
,nts patent. On the 18th Of the same month the
re.pndenis formed themselv.s into company or
corporation called "The Reed Torpedo Coinpany,H
for the pirposs OF pirating the complainaut's In.
vsntioll, .nd supporting the expense of litigation,
and thus dofraud him Of the fruits. They have pcr
severed, even after the preliminary injunction very
properly granted by the District judge.
Let d.crco he entered for complainant for per.
petual Injunction. and Master appointed to take
WI account according to the prayer Of the bill.
NorE.-The passage referred to BY judge Grier in
h's Former d-ci:on, . Wallace, p. 800 adopted as
applicable to this case was Us follows.
1T Is usually the case, when any valuable discov.
cry Is sade or amy new machine of great nj i,y is
Invented. hut the attention Of the public has been
turned to that subject previously, and that MANY
persons have been making researches and experi
ments Philosophers and mecllancians NAV have
Al nfsIi In t,o;,
invcnli0n ni'ny experiments have beer successful.
ly tiled, coming very near. yet falny short al the
Gc,ircd result. They have produced nothing hcne
fetal. The inven,ion whe'. perfected may truly he
eSlu 70 De the cu,niiln'ing point OF manv expert
mon 8, mt only by the inventor hut by many 9TH.
ors lie may have proited indirect ly by the ilnsuc
cessfil experiments and failures of other, but II
gives tile n no right to m share of the honor of
the prolt OF the successful invcuior IL Il when
spoculauon h'is Dsen r1duc d to practice when ex-
pertinent ha' resulted In Cis nvery aud when tnat
discovery haS been perfect, dhy patient ana cortin.
n experiments when sUnIe new compound art
Anuincture or machine has been TIM. nrOIuccd
ci' IL useful to the public TINT the party making II
soms apublic ben factor and entitled to parent.
AhQ yst when genius aud patti, mt perscyerlnc.
e At length succeeded, in spie of sn.ers ami
2ifs, SINE valuable Invention or discovery, how
0pm is II followed by rewardn Envy robs him
g honor while s,,ecatAtOrs, swinders and pi-
rub him of tho 'psOltA. Every uu,nccessul
making discovery now claims it. Every on,
who can Invent an Improvement or vary its fprm
clattis right "a pirate the original discover We
need not summons Morse, or Blanchard or Wood
worth to prove tnat this Is the usual history of eve
~ grrai discovery or invention
"The present Case a0ds another chapter TO this
long and uniform history.'-2 Wallace, G. q. Ke.
iSpVrts p. 20:.