The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1870-11-14

RoBERTy PETROLEUM TORPEDO.
rEORP EDOES.
THE ROBERTS
PETROLEUM. TgRpEn0. ga.
Office ut the
RED pLANING MILL.
Corner OF pine and second ssrcesss
;Ncnr the RaiiroadO
TITUsvfLLE, PA. :.
Owing IN the large and Increasing demand io' M tne
Ts,h,rf = 'r,rpe,ipes and the late decision vi uc
(S,Hrni.s;oner 81 Patents In reiusihi 10 " III.
p,ent AID the d,cisi N of Juic ~ = M TisT snS
tlining the Roberts patent tney haNe IN" H"-N
the price of their Torpedoes
TWENTY PER CENT.
90 that every Opcrator can afford ~ try TORPEDO
beeors Abandoning a Weih
rhe following, IL tho decision rendered by Judge
Or .,r on the twentysccond (2ll day OF seltember
1882 in the United States Circuit Court at Phlsde''
phia. The case Has argued three days by Charles
81 Keller Of New York, b. Y. Lucas and ). A Pur-
~,aace of Pittsburgh, for defendants. and George
tlntiing of philadelphls and George H. Chiis,y, Of
Pittsburgh, for plaintiff.
OPINION or JUDGE CHER
As write with difficulty can only state the con
ch,sions to which my nnd has come after u careiu
examination Of this case.
2S,h Of April ISIS. This il prma fecie evidence of
a good title, md puts on the respondents the bur
d.i of prcof that the patent Is void or worthless
yanr va Day (2 Wall, c. C. Re,; 2.9.) hat now
adup. them as affording rule OF decision which ap
pias clearly to th g present Gaze.
As the infringement OF the patent - admitted,
plainan's patent Of April Is, 1883.
at WAS after speculation had been reduced 70
praciire' and after repeated experiments tnat the
eomp,ai nant succeeded in overcoming 'he prejudice
md ignorance of the people on the subject, and
prsaGing the public that his invention was usefu';
after he had established s great Utility and value
and .'when his gen and patient persev verance, in
spite of snrers and scoifs,n were completely sue
Gessfn that Reed who had before made expert
tnen,a an the snbiect, and was unsucc .s~f1l,
ituapire ed that he had the best right to the invention,
and after purchasing one or more Cpuplainauts tor
pe.ioes he applied on ,he lst OF November, 1861,
.f,r patent for substantially the same cOmhina
ti,ns OF devices AMI n hine contsned in complain
Sirs patent On the 18th of the same month the
respondents formed themselves into company or
cprn0-atiOn called 1.-The Reed Torpedo Company,
for the purpnse OF pirating the complanants in.
rsrtion, and supporting the expense OF litigation
ard tins defraud him Of the fruits They have PEI
severed, aft the preliminary injunction Yer!
properly granted ny ire District Judge.
let decree he entered for complainant for n per
petual Injunction. and Master appointed TO take
Al account according TO the prayer Of the bill
x. c. GluER, Judge.
Norr-The passage referred to BY Judge Crier il
his former dc cs'on, Wallace, p. 299, adopted IL:
app ici,lc to this case was rs follows:
"lt il u.u ,liy the case when any valuable decov
cry Is yade or any ne'y machine OF gr.at nj iy l.
invented. that the attention of the pubic has bePl
Turned to that subject previously. and that man,
persons have been making researches and expert
nlerts. Philosophers anG mechgnicians may hav
II some measure anticipated In their specu'ation
+ha possibility or probability of such discovery o
invention; l0nny experiments have been successful
jy tied. coming very near. yet falling short ui tn
desired resnlt. They have produced nothing bene
fetal. The Invention wha., perfected may Truly III
s.ii to be the eliminating point oi MANY expert
mon g, not only by the inventOr. hut by many 9th
Ors. lie may have profted indirectly by the lln-uc
essiul experiments and failures of others, but I
:iyes them right to c!snl ehare of the honor o
t,e profit of the successful inventor 1t IL wheI
speculation hiss been reduced to practice, when ex
pertinent ha. resulted in discovery and when tina
iuacoyery has be,n perfected by patient anr con'in
ned experiments, when suine new compound, art
manufacture, or machine has been hu- produced
which is useful To the public that the party making
bee1mcs apnblic benefictor and entitled to patent
".nd yet when genius atd patti mt perseverance
have ut length succ"e1ed, in ari'e Of sIieers AM
scoffs. some vsluahe i.sveltion or dsco"ery, how
seldom il IL followed by reward Envy iob- hin
Of the honor, whiic spectators, swindlels and pi
rates rob him Of the profits. Every unsuccessful
expecmentev who did or did or did not come vcr
near making discovery now claims it. Every on
who can invent an improvement vary its form
claims right to pirs,e the original discovery W
need not summons Morse. or Blanchard, Wood
worth To prove tha this is the usual history of eve
~ grrat discovcry invention.
.rhe present cnse acds another chapter Ia thi
hng and uniform history"-2 Wallace, c. q.
ports p 292.