The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1870-09-02
ROBERTS, PETROLEUM TORPEDO.
!TORPEDOES.
THE ROBERTS
PETROLEUM TORPEDO co.
Office ut the
RED PLANNING MILL.
COrner OF Pine ana second streets,
Near the RatirOad,)
1TUSVILLE, Pa.


Owing to the large aud increasing demand FOR the
Roberts Torpeiles. and the late decision of the
COmruissoncr Of Patents in rein SIM to VIM Reed
patent. and the decision Of Judge r. G G,ier
tanning the Roberts pitent they have LOW EkED
the price OF their Torpedoes
TWEEN ~ PER CENT.
so that every Operator can afford ,v'uy Torpedo
before abandoning Well. ~. -
The following is the decision rendered by Judre
irier on the twenty (22) day of September.
1SS, in the United States Circuit Court Mt PhaCie,
phia. The case was argued three days by Charles
M Keller OF New York, b. +. Lucas and s. A. Pur
viauce Of Pittsburgh, for defendants, and George.
Harding Of Philadelphia, and George H. Chrisiy, Of
Pittsburgh, for plaintiff.
OPINION OF JUDGE GRIER.
A. write with didlcuty can only state the con
Clusons to which my mind has come after a carefn
examination Of this case. /
The complainant has exhibited a patent dated
18th Of April 1865 This is prima fscie evidence OF
good title, aud 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 t2 Wall, c. c. Rep; 229) but now
adopt them rs atiording rule OF decision which ap
pics Clearly to the present case.
As the infringement Of the patent is admitted
the only question will be as to the validity of com
plainans patent of April 25 1858.
at was after speculation had been reduced TO
pi1etice and after repeated experiments that the
complainant succeeded in overcom ing he prejudice
and ignorance of the people on the subject. ana
pllDlic tnat HIS invention lpul.
after he ild established its great utility and y,lnn
and "when his genius and patient perseverance in
spite OF sncers and scoffs,n were completely she.
Cessful. that Reed, who had before, made pv,n,;
inents on the same subJect, and was unsuccessful
imagined that he had the best right to the invention
and after purchasing one more Conplainant's tor
pedoes. he applied on the 1st of November, 1867,
for patent for substantially the same combinn
lions of devices and achinc contained in complain-
ants patent On the 18th of the same month the
respondents formed themselves into company or
Vau al DO f-.a
for the purpose OF pirating the cJmplainant's in.
ventiOn, and supporting the expense of itiration
and thus detrand him of the fruits. They have PC:
severed even atter the preliminary Injunction yery
properly granted by the District Judge
Let decree he entered for complainant for a per
petlial injunction. ard Master appointed TO take
an account according to the prayer of the bill.
r. &. GRiER, Judge.
NorE.--The passage referred to nv Judge Grier IN
his former decision, Wallace, p. 300 adopted as
app icabie TO this case was as follows
'lt Is nsu1!ly the case WHEN any valuable discov
cry is pade or amy new machine Of great u.ity is
invented that the attention of the public ias bean
turned to that subject previously. and thai mnnv
persons have been making researches and eyneri
,ncnis Philosophers and mecfancians NAV haye
III some measure anticipated in their sD lcuintions
the possibility or probability of such discovery ar
invention; many experiments have been successful
y iied coming very near yet falling short OF the
desired result. Thcy have produced nothing bene-
1cal. The Invention when perfected NAV fruly be
said to be the eliminating point of many ey1eri |
men s, not only by the invchtor, hut by many 9TH
ors. tie may hav. proiited indirectly bv the iinsuc
cessfu experiments and failures of Others. but II |
gives them no right to claim share of the hcnor of
the profit OF the successful inventor Ii i. when
speculation has been reduced to practice when ex
pertinent ia> resulted in cfs, ,,verv and when thai
discovery has been perfect ny patient ana contin
ued experiments, when some new compound art
or machine has been thu. produced
which is useful to the puDc, that the par; making II
becomes apubic bencilctor and entitled 10 a notent
"Aud yet when genius and patient perseyerance
have at length succeeded in spite of snters and
scofs, some valuable invention or disco"ery how
seldom Is ii followed by reward Envy robs him
Df the honor While speculators swindle.s e. md nj
rates rob him Of the profits. Every un ,ucce.s,ul
experimciiter who did or did or did not come ytrv
near making discovery now claims it, Every on.
who can Invent an Improvement or vary its form
claims right TO pirate the ORIGINAL discovery We
need not Summons Morse, or Blanchard or Wood
worth To prove that tli. il the usual hstorv Of cvn
ry great discovery or invention. W
1.-The present ease ADDS another chapter to this
ports D. 2Q2. "