The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1870-11-17

TORP -EDOES..
THE ROBERTS
PETROLEUM TonsED0 GO.
Office at the
RED PLANNING MILL.
"a Corner OF Pine and second streets,
;Near the HaiiroadD
TIYtSvILLE, Pa. ::
Ow4us so the large and Increasing demand for the
Robslis' 'rorpe,lse-, ,Id the iate decision OF the
Soulmi.ssoser Of Pa,si;s In refusing to Nm he>a
u patent s:L the decision OF Jud+,c r. Giier sns
tainis, tAae Ruberss' p9tsnt tney have Low El.ED
tss priss of their Torp,sios
TwaNrf PER CENT.
80 ,hst every Operator can a3orl w try q Torpedo
Before aOsndoDing Well
'r,e following is the decision rendered by JUDGE
Or iE the twenty second (22l day of Se'rtenber.
1850, in the United States Circuit Court at PhSiel.
phl.. Tie csse WAS argued three days hv Charles
N. Keller Of New York, b 4. Lucas and :. A. Pur-
vance Of Pittsburgh for defendants, and George
Eierding OF Philadelpha, and GeOie u. Ih,isty, "
Iiisburs,h, for PLa nuz
OPINION OF JUDGE GHIER
M WT1tt WIN ulICuitV Coi only STATE tnp con
clusious to which my mind Las co.uG after c.reiu
examiuatior OF this case j
The complainant has exhibited patent dated
25th Of April ls65 This is prims facie evidence OF
good title, aud puts On the respondents the bur
den Of pronf snat the patent is void worthless.
need not repeat my remarks in the case Of Good
year Va. Dav Il ~all,.C. c. Rep 2s9) but noy
sslopt them ss snordne rule OF decision which ap-
pics clsarly to tue present case.
As the infringement of the patent Il admitted,
the only question will be as to the validity of COM.
uinin,,us Defeut of ADril 2) lB5S.
ait wss after speculation hsd been reduced 60
ursctice" sid after repeated experiments, that the
complainant succeeded i'll overconn, he prejudice
and ignorance OF the people the subject. and
peNosling the puhlic that his invention useAl.;
after he had established its great utility aud value.
ard ''whcn hls genius ana patient perseverance. in
ante of snueIs and sco.f-m were con,pletelv suc.
sesrtul, that Reed who had oef;'re made expert
tlents on the same snhiet. and was unsuccessful,
imagined that he had the best right tn the iny enon
AID after purchasing one of more Complainant.
pc-ioes. he apDlied on the 1st OF November 1851
for pltrnt for substantially the same comhina
tiuns OF devices and nine contained iii COMPLAIN
ants patent On the 18th OF the same month the
Respondents formed Themselves intoa company or
enrporaion called "The Reed Torpedo Company
for the purpose OF pirating the comp. p.ainans in
vention, and supporting the expense of litigation
AID thus deiraud him Of the fruits. They have pef
severed, even after the preliminary injunction very
properly granted hy tie District Ju ige
Let decree he entered for complainant for a per
peiual injunction and Master sppointed 10 take
~ account according to the pr.yef ,f q 1hs bfIl
~. ~ CoALEi UuuEs.
NorE.--The passage referred to bv Judge Grier in
his prnner d-c'sUn. Wallace, p. 2o9 adopted as
app icabie to this case was as follows:
''It il urusy the case, when any valuable G!.coy
cry is made, or ANY new machine of great u iity l.
Invented that the attention of the public ha. he II
turned to That subject praviously and that many
per.ons have been making researches nud expert
merits. Philosophers ana mt chancians NAV have
seine measure anticipated in their sD- -culatiOns
the possibility probability Of such discovery or
invention; many experiments hdve beet successful.
" tiled, coming voS near. yet falling short ot the
desired result They have produced nothing .bene-
fcial The invention wher perfected may tiniv be
s.ii to be the eliminating point oi MANY expert
men not only by the Inventor. hlIt by many eth
tie have prpiiied Indirectly hr The nm r-
csssful experiments aud failures of ether. hut j.
gives them right 70 ca share ol the honor OF
t'e proft of the successful Inventor Ii is when
speculation las heeo reduced TO practice, when ex-
pertinent ha. resulted in dis :0verv and when that
III coyary has ben perfected ny patient ana con,in
ued eXpsrm cnts when some new compound art.
manufacture. or machine has h6rn thu produced
wtiich is useinl TO thepnhc.tha; the party aiinst
becomes public ben factor and entitled 10 = "a eut
''ABi yet when genius snd patient perscgerancr
have Ar length succeeded. ia spie of sii,ers snd
sAldom Is il foll0wel bv reward Envy iob- him
Of the honor. he specn',tors, swind,e 8; and pi-
rat.s rob him Of the profits. Eyery unsucce-siul
expsriInNnier who did or did or dit not come very
near making discovery now claims IT, Every one
who can invent an in,proycm cut or vary its form,
claims right 10 pirate the ORIGINAL discovery. We
nsed not summons Norse. or Ellnchard or Wood
worth 70 prove tat this ia the usual history Of eve
Ty great GiErovcry or invention.
"1he present case zcds another chapter to this
bng and Uniform hietory."2 Wallace, C. Z. ...-
porS p. ss2.