The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1870-09-13

ROBERIS fEIkODEUM NJ IOhb EUO.
TORPEDOES.
THE ROBERTS
PETROLEUM T0gpEDO co.
Osfice at the
Rec PLANING NlTLL.
Corner oc Pine and Second Streets,
Near rho Ratlroaa,)
IIUsVILLE, Pa.
Owing TO the large and increasing demand for tho
Roberts Torpedoe,, and the late decision of the
Commissioner of Patents in refusing to VIM. Reed
patent, and the decision of Judge II. G. Grier sus-
taining tho Hoberts' patent they have LOWERED
the price Of their Torpedses
TWENTY. PER CENT.
50 thss every Operator can afford ~ try Torpedo
before abandoning Well.
The following is the decision rendered by Ju6oo
aer f 10 on TN tns ta2l day of september
Pnia the case was argued three days by Charles
NJ. Keller OF New York, B. +. Lucas and s. A. Pur.
Yanee OF Pittsburgh, for defendants, and George,
Harding Of Philadelphia, and George H. Chrisiy. o
pittsburgh, for plaintiff.
OPINION OF JUDGE GRIER.
As write with difficulty can only state tho con
clusions to which my mind has come after caretii
examination Of this case.
18th OF April, 1865. This il prma facie evidence of
good title, and puts ON the respondents the bur
den OF proof that the patent Is void or worthless.
year vs: Day e Wall, c. c. Rep; 2HI hut now
adopt them as ailordng rule OF decision which M.
plies clearly to the present case.
AS the management OF the patent Ia admitted
the only question will be as to the validity of COM
plainanfs patent of April 25 1858.
"lt waa after speculation Ind been reduced to
practice and after repeated experiments that the
complainant succeeded in overcomi ne he rrpi,dirc
and Ignorance OF the people the subject, and
rersuadng the public that his invention was nsetl;
ter @ nc nad established its great utility and value
anu when MS genius and patient perseverance, In
spite of sncers and scOfs," were completely snc
cessfnl, that Reed, who had before made expert.
ments on the same subject, and was unsuccessfui
imagined that he had the best right to the inyentinn
and after purchasing one OF more Complainaut Tor
pedoes. he applied on tho lst of November, 1857,
ior patent % Tor substantially the same combina
tions OF devices and aohine contained in complain
ants patent. On the 18th of the same month the
respondents formed themselves into company or
corporation cor I called "rhe Reed Torpedo Company"
Tor tho purpose OF pirating the complainani's in.
vention, and supporting, tho expense of litiration.
and thus defraud him Of the fruits. They have pe.
seVered even atter IT. the preliminary Injunction very
LEI decree DC entered for complainant for per.
pet,al Injunction, and n Ass.or appointed to lake
an account according to the prayer Of the bill.
K. c. GRIER, Judge.
NorE.-The passage referred 70 BY Judge Grier In
his former decision, Wallace, p. 800 asopted as
app icabie to this case was as follows:
1T Is usually the case, when any valuable di.coy
cry ID made, or any new machine Of great ui itv il
invented that theaitenticn Of the public has been
turned to That subject previously, and tha. many
persons have been making researches and eyneri
ments. Philosophers ana mechanicians NAV tayp
~ some measure anticipated in their specnlations
inventions many experiments have been successful.
ly hicd coming very near. yet falling short of the
desired result. They have produced nothilp hena
fetal. The invention wheb perfected may truly be
Said to be the eliminating point of manv expert
mon - not only by the inventor hut ty many ofh
ors. tie may have profed indirectly BY tha lnsrc.
cessf,il experiments and fiiures of u,hers but II
gives them no right to claim share OF the he nor of
the profit OF the successful inventor IL IA when
speculation has been reduced to practice when ex |
discovery has been pcrfeci by patient and conti
ued experiments, when 3oIhO new comDound art
manufacture, or machine haS been Tins Droduccd
which is useful to the public that the party making II
tecomcs apubc boncfactor and entitled 10 patent
"Aud yst when genius and patti mt perseverance,
have at length succeeded, In spite of sn.ers and
rcofis, some valuable invention or Gsco-ery how
seldom Is IL followed by reward Envy robs him
OF the honor, While specuators, swindlcrs and nj.
rates rob him OF the profits. Every un4uccessiul
eXierlmcner who did or did or did not come yCry
near making discovery now claims it., Every One
who can invent an improvement or vary its farm
claims n right to pirate the original discovery we
need not summons Morse, or Blanchard, or Wood
worth to prove that this is the usual history of eve
ry great discovery or invention.
"The present case ad!s another chaptcr To thIs
long and uniform history."-2 Wallace, G. &. Re-
ports p. 29a