The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1870-08-27
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ROBEPTS' PETROLEUM TORPEDO.
TORP NiDOES.
THE RSfst3rITS
ETTRlsETiG TaNpEa1 CO.
Office at the
RED ssLANIHG HILL,
Ccxser og PIN. and second streets,
teieRr the sSat!road,)
ITUSVILLE, Pa,
ITUSVILLE, Pc.

Ov,n; 70 TIE large and ipcrea.n" demand fos the
ROberts' Torpedoes and the late decision uf the
Commissioner of Patents Ia relusint 70 Wm. Reed
patort and the decision of judge 4. Z siiier'sus
tainirg ne ;oberts' patent they have Low EGED
the piice c. tlc.r Torpedo6s
TWENTY PER CENT.
40 thot every Operator can afford 10 try Torpcdo
before eJan Joining q We'll.
The following ia the drcsion rendered by judge
lirief On tit ewenty.second t22l day of Sofembcr.
1872 Il The mica states Cir'ui: Court at p la1el.
phia. The case wes argued three days by Charles
M Nelieg o. New York, B, Lucas aud ;. 4 Pu~-
yianeo Of Piv.lMreh, for dcfrndanfs and George,
Martihs Ok Philadelphia, and George II. Chi-Iy,
PitisbrIgh, .cr plaintiff
OPINION or JUDGE GRYER
As write With di.culty csn ouly state The con
clusioas 70 which my mind has after careiu
examination " this casc
The com iai, ant bas exhibited . patent dated
25th CT April, 1875. This is pr,ma fcie eyi'ence Of
gooi title, and pute on the respondents TIE bur
Zen CT proof that the patent is void wo-tlle-s
Incsd not repeat my enlort.s in the Of Good
year IS: Day e. Wall, G. G. Rep; 2.a) bat now
adort them as afsording rue oi decision wlich ar
plies clearly 10 the present case.
As she Infringement Of the patent Is admit ted
the orly qreston viii be 20 the validity of con-
plaira.iis patent Of April 2j, 1858
'1t va a.tcr speculation had heen reduced 70
Practice al.i sitter repeated experiments. that the
complainant srcceeiet in Overc0tain, he l.r,Juiica
G!d ignorance CT the people on the subject nrf
persuadiuF the public that his invention was nse nj,
after he Lad established is great uiity and value,
ard "When has conius and patient perseverance, i'm
spite of cEcers and SCOTS" were conDetclv suc.
cesccu tnat Feed, wliO had befole ntude ey,efi-
menis on thc snnle sulyiest, and was gl.ucces.fil
imagined that he hld the bcat ii ,ht tOthe invention
ana alto pur1las,lg one OF h!orc Companan;'~ Tor
pedoes be applied on the iat Of November lS,!;.
for paienl for substantially the same c0mbrn
tions of devices aui rchne contained in cp1,oIoiu-
ants patent. On The 18th OF the same ,ucnth the
respondent formed themselves into c1ultany or
corporation called ''1hc Reed Torpedo Coilranv,n
f1,t ~
vcntion, anI snpp)rting the cIpensr oT litigation.
eld th;s d1..iud hisl of TIE futs. They have rc,
severed. even 1er the pre- iminary Injunction very
pl ~ irly granted bv tne District fudge.
Let decree be entered for complainant for per.
petud injunction. and Aa5tc: appointed to take
an accouiii according to the prayer of the bill.
H. Z. GRiER, Judge.
NorE.-The passage referred to b. Judge Cr:er in
his former DECISION. Wallace, p. 2s9 adopted ts
applicable To this ~ follows:
'It IL uaually the case, vixen any valuable fi-c,.-
cry l. in,de, or any new machine Or great uli inv l.
invented, that he ee,tcntion Of ,.ic ablc has been
turned 10 that sub ec5 previously, md ti.t many
per'ons have been making researches aud expr,i
1ncn,s Ihi,os Jpgers and r,cc!Ilncians may iave
III sJmc measure anticipated IN tl.er sp ca atiun-
the possibility PROBABILITY OF sWel discovery or
invention; many experiments have been successful
~ hied. coming very near yet falling short Of the
Ceaired result. They have produced nothing beue-
1c'al Thn Invention Tlier perfected Ihay truly he
ssid tn be the Gu lmina'ing point OF many expert
:, not only by the uvcntor, hut by many 9th.
crs. lie may have pritet Indirectly by ;l,e lnsnc-
ce esfll experiments and failures of others I'm, it
gives them right to ca share Of the hcno @,
the prol OF the successful inventor 1t il when
speculation haa been reduced 20 practice when ex.
perihent liz resulted ~ discovery and when tlat
discovery has been perfected 10y patient ana ccnin.
lied exp "riments when come compound. art
MAJ UiHciure. or machine has been thu produced
which 10 useful to the pHhc,tilt tie party natinci II
becomes public bcuei',ctor and entitled fn a M ont
"Aud yet wien senirs and patient prr.eycfan.a
have at length succeeded in spite or Sil,rt- rUi
scoia. some Va.r0lle iuT1ntun or CiscO~ory, how
sIom is i, followed by rewGrs. Envy ,nb4 him
Of the honor, Nli'c spectators, awirders aud p-
rates rob lin o. the profits. Every Uusuccc.shil
eXpsrimcntcr who did Or did or did not come Ntry
near making discovery now claims it. Every on.
who can nv-i,; m Improvement or vary Tia iurln
claims right 60 pirate the original discovery. We
med not summons Morse, Or Blanchard or Wood.
worth to prove that this IL the usual history OF eve
ry great discovery or invention
''lhe present case acds another chapter to this
long ard Uniform history."2 Wallace, G. C. Re-
ports p 292.