The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1870-05-10
ROBERTS PETROLEUM. TORPEDO.
EDOES.
THE ROBERTO
PETROLEUM TORPEDO Co.
Office at tho
RED PLANINC MILL,
Corner OF Pine and second streets,
Near the Railr0ads)
TITUsvILLE, PA.

T1TU6VILLE, "a.
Ovine 10 the large and increasing demand for the
Roberts Torpsdoe' md the late decision g OF me
patent and the decision OF Judge Il. e. Grier siis.
tafnine the Robert patent they have LOWERED
the price Of tneir Iorpedoes
TWENTY PER CENT.
~ that every Operator can AFFORD to try a Torpedo
before Abandoning Well.
vhe followin. is the decision rendered by Judge
Crier on the twenty.seconu (22) day of September,
1864 in the United states Circuit Court at PHI ladel-
phia. The case WAS argued three days BY Charles
". Keller Of New York, b. !. Lucas and ). A. Pur-
vlancs OF Pittsburgh, for defendants and George
Harding Of Philadelphia, and George II. Christy, o
fitisbSigh, sor psi ntih.
OPINION OF JUDGE GRIER
As write with difficulty can only state the con
illusions to which my mind has come after careful
The complainant has exhiblted'a patent dated
25tu Of April 1875. This is prima facie evidence of
egood title, and puts on the respondents the bur-
Ap OF proof taat the patent Is void or worthless.
need not repeat my remarks in the case of Good
I year vs. Day Il wall, c. e. Rep 299) but now
adopt them as atfording rule OF decision which ap-
plies clearly TO the present case.
A. he.inIrngrUient Of the patent Is admit ted,
the only question will be to the validity Of COM
plainants patent Of April 2j, 1885,
ut wa after speculation had been reduced to
prac and after repeated experiments, that the
complainant succeeded in overcoming he prejudice
;, and ignorance of the people the subject, and
y persusding the public that his invention was useu
after he had established Its great utility and value,
and "when his genius and patient perseverance, in
spite OF sncers aud SCOTS" were completely sue
cessful, that Reed, who had before made expert
ments on the same subject and was unsuccessful,
Imagined that he had the best right to the invention
and after purchasing one more co.npainant's tor
pedoes, he applied on tho ist Of November, 1861,
Tor patent for substantially the same combina-
tons 0f devices and achine contained in complain
thp
respondents formed themselves into a company or
corporation called 1.-The Reed Torpedo Coinpany,''
Tor the purpose OF piiating the c0mplanant's In
vention, and supporting the expense of litigation,
ard shus detraud him of the fruits. They have pei.
severed even ster the preliminary Injunction very
properly granted by the District Judge.
Let decree he entered for complainant for per-
petual Injunction, aud Master appointed 10 take
"a account according to the prayer of the bill.
X. q. GRIER, Judge.
NorE.-The passage referred TO by Judge Grier in
his former decision, Wallace, p 200, adopted as
. Applicable to this case was rs follows:
"it Is usually the case, when any valuable dscov.
cry made, or any new machine Of great uiiity is
Invented, that the attention of the public has been
turned to that subject previously, and that many
persons have been making researches and expert.
Mehis philosophers and mecha anicians NAV nave
N some measure anticipated in their speculaons
the possibility or probability of such discovery or
invention; many experiments have been successful
NEG, Coming very near. yet falling short OF the
hcial. The invention when perfected may truly be
sald 70 be the culninating point OF many expert
men's, not only by the inventor, but by many 9TH
ors He may nave proatcd indirectly BY the lnsuc.
&c 'siui experiments and failrres of Others but 1t
gives them no right to claim share OF the hcnor of
the plcat Of the successful inventor 1t is when
specilation has beep reduced to practice, when ex
p.riment has resulted in discovery and when that
discovery has been perfected by patient ana contin
ued experiments, when some new compound, art
manufacture, or machine has been thu. produced
whichis useful to the public that the parry making
peeomes apublic benefactor and entitled to patent
"Aud yet when genius and patient perseverance
nave at length succseded, In spite of sneers and
SCOTS, solae valuable invention or disco"eiy, how
seldom is ii followed by reward Envy robs him
Of the honor, While SPECTATORS, swrdle.s and pi
rates rob hun OF the profits Every unsucoessiul
experfnenser who did or did or did not come very
near making discovery now claims it. Every ons
VINO can Invent al Improvement or vary its form,
clai,ns risht 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
~ great discover or invention.
"Ihe present case srds another chapter to this
ion. and uniform histOry.'-2 Wallace, c. Q. Re
ports p. soc.