The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1870-12-28

aUBEkTS PETROLEUM TURPEUU.
EORP EDO-ES.
THE ROB ERTS
petroleum TORPEDO co.
office at the
Ran PLANNING MILL,
Corner OF Pine and second Strocts,
Near the l.atiroad,)
TIrUSVILLE, PA. ::

Owing to the large and increasing demand for the
Roberts Torpeiues, aud the late decision OF the
Commissioner OF Patents ia refusing to " III Reed
patent and the decis! IN of Judge Il. Giier sus
tanning the Roberts' patent they have LUWkIiEp
the price Of their Torpedoes
TWEEN ~. PER CENT.
40 that every Operator can afford " try q Torpedo
before abandoning Well.
The following is the decision rendered BY Judye
Grier on the twentysecond (22l day of September,
1859 in the United States Circuit Court at Ph;ladel.
phia. The case was argued three days by Charles
NJ. Keller of New York, B. \. Lucas and $ A. Pur.
viance Of Pittsburgh, for defendants, and George
Harding of Philadelphia, and George Il. Chris,y, Vi
Pittsburgh, for plaintiff
OPINION OF JUDGE GRIER.
As write with difficulty can only state the con
clnsions to which my mind has Come after careful.
examination Of this case.
The complainant has exhibited a patent dated
2oth Of April, 1850 This is prma lacir evidence OF
a good title and puts on the respondents the bur.
den of proof that the patent Is void or worthless.
nceu not repeat my remarks in the case of Good.
year vs. Day l2wal, G. {. Rep; 229) but now
adopt them as afording rule OF decision which an.
plies clearly to tn present case.
As the Infringement of the patent is admi, ted.
the only question will be to the validity of com.
plainants patent of April ~, lS5S.
'lt was after speculation had been reduced to
practice, and alter repeated experiments that the
complainant succeeded i'll overcoming he prejudice
and ignorance of the people on the subject and
tut luDllC that IcitfOu ,Seu.
after he had established its great utility and value
and 'when his genius and patient perseverance, in
spite OF sncers and scoiis'' were completely sue.
ces,ful, that Reed, who had before made cxneri
menls on the same subject, and was unsuccessful
imagined that he had the best right to tue Invention
ard alter purchasing one more Complanaut' 4. tor
| pedoes he applied ON the LIST OF November, 1851
| for patent Tor substantially the same combiua
tions OF devices and achine contained in complain.
auts patent. On the 18th Of the same month the
| respondents formed themselves into a company or
| ~
for the purpose of pirating the cOmpainant's in.
venton, anu supportin-. the expense oil litigation
and thus defraud him of the fruits. They have pc.
severed, even after the preliminary Injunction yery
properly granted by the District Judge
Let dscree be entered orcomplainant for per.
petual !njunction, and a Naster appointed to take
An account according 10 the prayer of the bill.
| X. C. GRIER, Judge.
NorE..-The passage referred to BY Judge Grier in
his former decision, Wallace, p. 2S9. adopted as
app icabie to this case was rs follows:
ut Is usually the case, when any valuable di.coy
cry Is made, or any new machine of great uiiity |.
invented, that the attention of the public has beer
turned to thar subject previously, and that man,
persons have been making researches and experf
ments Philosophers and mechanicians may nav,
III some measure anticipated in their speculation,
the possibility or PROBABILITY of such discovery o.
| invention; many experiments nave bee successful
y uied, coming Very near yet falling short OF tn,
desired result. They have produced nothing bene
| fclal. The invention wheI perfected NAV truly b
said to be the eliminating point OF many expert
men :, not only by the Inventor, but by MANY 9th
ors. tie may hav. proited indirectly by the in.uc
ce,sful experiments and failures of Others, but /
gives them no right to ca m share OF the honor O
| the profit of the successful inventor 1t is wher
speculation has been reduced to practice when ey
pertinent ha- resulted in discovery. and when tia
discovery has been perfected by patient ana contiii
| ued experiments, when some new compound, art
| manuilcture, or machine has been thus produced
which Is useful to public that the party making
beeomes apublic benefactor and entitled to latent
"And Yet when genius and patient perseverance
have at length succeeded, in spite of sneers an,
scotfs, some valuable invention or discovery, hoy
seldom is il followed by reward Envy robs hin
of the honor, whiie SPECTATORS swindleis s. and nj
| rates rob him of the profits. Every unsuccessful
eXperimenter who did or did or did not come ytr
| near making discovery now claims it. Every on
! who can invent al Improvement or vary its form
claims right to pirate the original discovery w
need not summons hiOrse, Or Blanchard or WOOD
worth to prove that this is the usual history of cvt
ry great discovery or invention.
''rhe present case aods another chapter to thi
\ long and uniform history."-2 Wallace, G. Z. K,
! ports p. 29s.