The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1870-06-21
ROBERTS PETROLEUM TORPEDO.

Owing to the large and increasing demand for the
Roberts 1orpel1cs and the late decision of the
Commissioner of Patents In refusing 10 VIM. Reed
n patent. and the decision of Judge p. G Grier sus
,aining The Roberts patent they have LOWERED
the price of their Torpedots
TWENTY PER CENT.
so that every Operator can afford TO try a Torpedo
before abandoning a Well.
The following is the decision rendered by Judge
tirier on the twenty (.2l day of Sentembcr
1853 in the United States Circuit Court at philade-
pha. The case was argued three days by Charles
NJ Keller of New York, L. +. Lucas and $ A. pur-
viance of Pittsburgh for defendants and George
Harding of Philadelphia, and George II. Chrisy,
Pittsburgh. for plaintiff.
OPINIONsOF JUDGE GRIER.
As write with difficulty can only state the con
clusions 10 which my mind has come after careful.
examination of this case.
The complainant has exhibited patentrdated
25th Of April 1855. This Is prima acic evidence of
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
year vs. Day t2wall, c. c. Rep; 500 but now
adopt them az aifording rule OF decision which ap-
plies clearly to the present case.
As the infringement of the patent is admit ted
the only question will be ss to the validity of com
planan-s patent of April 25, 1858.
at was after speculation had been reduced to
practice" and after repeated experiments, that the
complainant succeeded in overcoming he prejudice
and ignorance of the people on the subject, and
persuading the public that his invention useu:
after he had established its great utility and yalue
ard ''when his genius and patient perseverance, in
spite OF sncers and scofsn We're completely sue.
cessfu, that Reed, who had before made expert.
menis on the same suhect, and was unsuccessful.
imagined that he had the best light to the nN en,iOn
and after purchasing one OF more complanants tor
pedoes he applied on the 1st Of November. 1861
for patent for substantially the same combina
tons of devices and nachiae contained in complain
ants patent. On the 18th Of the same month the
respondents formed themselves into company or
corporation called ",rhe Reed Torpedo Company"
for the purpose of pirating the c0mplananis in.
vention, and supporting the expense of litigation,
and thus defraud him Of the fruits. They have per
severed, after the preliminary Injunction very
properly granted by the District Judge.
Let decree he entered for complainant for per-
petua injunction. and Master appointed TO lake
an account according to the prayer of the bill.
Il. {. GRIER, Judge
NorE.-The passage referred to by Judge Grier in
his former decision, 3 Wallace, p. 800 adopted as
applicable to this case was as follows:
SIT Is usually the case, when any valuable d,scov-
cry is p1ade, or any new machine OF great utility l.
invented, that thcattcntion Of the public has heen
turned to that subject previously, and that many
persons have been making researches and eyperi
ments. Philosophers aud mechanicians nav have
III some measure anticipated IN their spsculations
the possibility or probability Of such discovery or
invention: many experiments have been successful.
ly tied, coming very near. yet falling short of the
desired result. They have produced nothing bene-
itul. NC ilHt4hAOu "Hct pcE4SCltQ may trlllN be
to be the eliminating point of many ex1eEi
men 5, not only by the inventor. but by many 9TH.
0rs He may have profited Indirectly bv the i,nSuc.
cessiul experimentselnd failures of Others. brt H.
gives them right to claim share of the hcnOr of
the profit OF the successful inventor Il is when
speculation has been reduced to practice, when cy
pertinent Las resulted in discovery. and when that
has been perfected by patient ana contin
red experiments, VIXEN some new co,npound art
or machine In. be"n ,hus produced
which is useful to public, that the party maingt
becomes apubc bencfnctor and entitled 10 a patent
"Aud yet when genius and patient perseverance
have at length succeeded, in spite Of sneors and
scoffs, some vauabk invention or disco"erv, Lo;y
seldom is il followed by reward Envy rob- him
If the honor, while speculators swindcrs, and pi-
-ates rob him OF. the profits. Every unsuccesslul
,xperiincn,er who did or did or did not come very
lc:,r making discovery now claims it. Every one
gho can Invent an improvement or vary its iorm
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
" urcat discovery or invention.
"Thc present case aods another chapter to this
ong and uniform his.ory.'-2 Wallace, c. Z. he.
,orts p. 202