The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1870-12-29
soBERTs' PETROLEUM TORPEDO.

"SpCh L heLE0 loRt Cf'Os
TORP -EDOES.
THE ROB ERTs
PETROLEUM TORPEDO CO.
Officeaut the
ka.D planning MILL.
Corner OF Pine aud second streets,
Near the RaitrOad,)
TITUSVILLE, Pa. ::
Owing to the large and Increasing demand for the
Roberts Torpedoes. and the late decision OF the
Commissioner of Patents In refusing to Wm Reed
patent and the decisi III Of Judge K =. Grer sus
tanning the Roberts patent they nave LOW EhEp
the price Of their Torpedoes
::TwEN ~. PER CENT.
so that every Operator can afford " try q TORPEDO
before abandoning Well.
The following is the decision rendered by JUDGE
Grier on the twenty second (22) day of September,
1853, in the United States Circuit Court at Phladel.
phia: The case was argued three days by Charles
NJ. Keller of New York, h. i. Lucas and s A Pur
viance OF Pittsburgh, for defendants, and George
Harding of Philadelphia, and George IL. Chrisly, Vt
Pttsbargh, for plaintiff.
OPINION OF JUDGR GRIER
As write with difficulty can only state the con
clusions TO which my mind has come after careful.
examination of this case.
The comp luiuant has exhibited a patent dated
2oth OF April, ISIS. This is prina facr 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 l2 Wall, C. c. Rep; 229,) but now
adopt them as afiording rule OF decision which an.
plies clearly to the present case.
=, As the inirnsement of the patent is admitted
the only question will bc to the validity OF com
plainanIs patent of April 25, 1858.
''it was after speculation had been reduced TO
practice and after repeated experiments that the
complainant succeeded i'll overcoming he prejudice
and ignorance of the people On the subject and
persuading the public that his invention was useul:
after he had established its great utility and value
and "when his genius and patient persev GRANGE in
spite OF sncers and scoifs," were comnatelv snr
cessfnl, that Reed, who had befIre made expert.
ments on the same subject, and was unsuccessful
imagined that he had the best right to tue invention
ana after purchasing one of more Complainant Tor
pedoes. he applied on the LIST Of November, lsr7
for patent Tor substantially the same cumbina
tons OF devices ard achnr contained in complain
ants patent. On the 10Th of the same month the
respondents formed themselves into a comp.nv or
corporation called "The Reed Torpedo Cuiupany"
or the purpose Of pirating the conipiainant's in
veition ana supportin. the expense o, litipation
and thus dofraud him of the fruits. They have pe
severed, even after the preliminary injunction very
properly granted by the district Judge
a
petual injunction. aud a Nzster appointed TO take
sn account according to the prayer Of the bill
n Z. GHlEk, Judge.
NoTE.-The passage referred to bv Judge Grier in
his former decision, Wallace, D. 290 adopted as
app icabie to this case was az follows:
"!t is usually the case, when any valuable di.coy
cry Is made, on any new machine Of great u ity il
invented that the attention of the public has hem
turned to that subject previously and thar MAJ,
persons nave been making researches and expert
ments. Philosophers ana mechanicills mnv have
IL some measure anticipated in their sp,cliations
tie possibility or probability Of such discovery or
invention; many experiments have been successful
~ tled, coming very near yet falling short OF the
Cesired result. They have produced nothin, bsno
neal The invention whei. perfected may truly he
Said to be the eliminating point OF many exDeri
men 3, not only by the inventor but By many 9th.
ors lie may hav. proiitei indirectly by the i,n.uc
cessfui experiments and failures of other. hut IL
gives them no right to ca share of the he nor of
Ytre profit OF the successful inventor II il when
specu!atlon mas Deem reduced to practice, VIXEN ex.
pertinent iia- resulted IN discovery and when that
discovery has been perfected by patient ana contin
ued experiments, when some new compound art
manufacture, or machine has been IbIi- nrohnc.d
which Is useful to thepublic that the party il
becomes apublic benciactor and entitled 70 latent
"And yet when genius and patient perseverance,
have at length succeeded, in spite of sneers and
'cofs, some valuable invention or dfsco-ery. how
| seldom is IL followed by reward Envy robs him
ol the honor, "hiie speculaors, swindlc s. and nj.
rates rob him of the profits. Every uusnccess,ul
experimen,er VIII, did or did or did not come yrry
near making discovery now claims it, Every ons
who can invent an Improvement or vary its form
claims right to pirate the original discovery. We
need nOv summons Morse or blanchard mr. Wood
~ great discovery OF invention.
"The present case ADDS another chapter to this
long and uniform history."-2 Wallace, c. G. he
ports p 2S2.