The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1870-12-21
soBERTs PETROLEUM TORPEDO.

EORP EDOES.
THE ROBERTS
PETROLEUM TORPEDO co.
Office at the
Ran planning MILL,
Corner Of Plne and Second Streets
Near the RaiirOadO
TITUsVILLE, PA.
Owing TO the large and increasing demand for the
Roberts Torpedpes. and the late decision of the
Commissioner Of Patalt- ia refusing to Vim Reed
q patent. and the decisi III of Judge q. I Guer sus
taiuing the Roberts patent they nave LOWERED
the price of their rorpedo,s
TWENTY. PER CENT.
40 that every Operator can afford ~ try Torpedo
before abandoning Well.
The following is the decision rendered by Judge
Grier on the twenty second (22l day OF September
lss. in the United States Circuit Court at Phladel
phia. The case was argued three DAYS by Charlie.
NJ. Keller of New York, b \ Lucas and ; A. Pur.
Vance of Pittsbargh, for defendants, and George
Harding of Philadelphla, and George Ii. lhtisly vf
Pittsburgh, for plalnait.
OPINION OF JUDGE GRIER.
As l write with difficulty can only state the con
eusions TO which my mind has come after a car,u
examination Of this case
Iuv COM ,lainint has exhibited a patent dated
18th Of April, 1865. This is prima facie evidence OF
good title, and puts on the respondents the bur
den Of proof that the patent is void worthless
l need not repeat my remarks in the case Of Good.
ye:r W. Day t2 Wall, q. c. Rep; 229,) but now
ad pit them a. affording rule OF decision which ap-
plies clearly to the present case.
As the infringement of the patent is admi, ted,
the only question will be as to the validity uf com.
rplainsnts patent of April 25, 1855.
at was after speculation had been reduced to
practice" and after repeated experiment. Thai the
complainant succeeded in overcoming he prejudice
and ignorance oi tue people the subject, and
persuading the public thai his invention useai;
after he had established Its great utility and value
aud ''4hen his genius and patient perseverance, in
spite OF sncers and scoti.,' were completely sue.
cessful, that Reed, who had before made expert.
menls on the same subject, and was unsuccessful,
imagined that he had the best right to teinyen,ion
| aud after purchasing one more complainant Tor
pedoes. he applied on the lst of November, 1861,
for patent for substantially the same combina
tions of devices and achne contained in complain
ants patent. On the 18th OF the same month the
respondents formed themselves into q company or
corporation called '.1'he Reed Torpedo Company,
for the purpose of pirating the cOmpainsnt's in.
vention and supporting the expense oil litigation
and thus defraud him of the fruits. They have ne
severed even sitter the preliminary injunction very
properly granted by the District Judge
| Let decree be entered for complainant for a pe-
petual injunction, and Master appointed to tax,
an account according to the prayer OF the bill
| Il. Z. GluER, Judge.
NorE.-rhe passage referred to by Judge Grier II
| his former decision, Wallace, p. 20 adopted a.
| app icable to this case was as follows:
"lt Is Usually the case, when any valuable dscov
cry IL made, or any new machine Of reag mi ity Il
invented, tat the attention of the public has beeI
turned to that subject previously. and that mai,
| persous have been making researches and expert
| ments Philosophers anu mechanicaus NAV nav,
in some measure anticipated in their specua ation
the possibility or probability of such discovery o
invention; many experiments have beet successful
ly tiied coming very yet falling short ut th
desired result. They have produced nothing bene
hclal. The Invention whei perfected may truly b
said TO be the eliminating point OF many expert
men 2, not only by the inventor, but by many 9th
ors. lie may hav. profited Indirectly by the insuc
cessful experiments and failures of others, but
gives them no rignt to Clam share OF the honor o
the profit of the suCccssiui inventor Ii il whel
speculation has been reduced to practice when ey
pertinent has resulted In discovery and when TIA
discovery has been perfected by patient ana contin
ued experiments when some new compound. ar,
/; mauufacture or machine has been thu. produce
which is useful to the public that the party making
becomes apubc benefictor and entitled to patent
sand yet when genius and patio Mt perseverance
have at length succeeded, in spite of sn, ers an
SCOTS. some valuable invention or discovery, no,
seldom Is IL followed by reward Envy robs bir
, Of tue honor, ahile speculators, swindles s. and d
rates rob him of the profits. Every unsuccessir
experimenter who did or did or did not come yer
near making discovery now claims 1t. Every on
. who can invent an improvement or vary its form
claims right to pirate the original discovery "
need not summons Morse, or Blanchard or Woo,
worth prove that this is the usual history Of ey
ry great discovery or invention.
1.-The Present case auds another chapter to tn
long and uniform history."-2 Wallace, c. Z. /.
ports r. 292