The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1870-07-27

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ROBERTS, tETkULEuM TOKPEUO.
TORP EDOES.
THE ROBERTS
PETROLEUM TORPEDO co.
Office at the
RED PLANING MILL.
HCofhcr OF Pine and second Streets,
En ltNear the xailroad,)
ITUsvILLE, Pa.
Owing ~ th. large and increasing demand for the
P0bers' Torpedoes. aId the late decision OF the
Commissioner of Patents in reiu sing to VIM. Reed
pasns. and the decision OF judge Il. c G,ier ans
ssioiny the aob.r;s' patent they have LOWERED
ihe Pgfce Of their Torpedoos
TWENTY PER CENT.
20 that evary Operator can afford tU,try Torpedo
Btiorc abandoning Well.
.. The following is the decision rendered by Judge
Crior on the twon'y.sccond (22) DIV of Sentemher
1st9, in the United States Circuit Court ut phiade
Phfa The case was argued three da,s by Charles
M Keller cf New York, + Lucas and : A. Pur.
thance of Pittsburgh, for Defendants and Georyef
Harding Of Philadelphia, and George II. CHRISTI n
Pittsburgh, for plaintiff.
OPINIoNgoF JUDGE GRIER
A: write with f'hlcuty can only state the con
eis'ona TO which my mind has come after carefn.
examiration OF this case !
The com llainnnt has exhibited patent dotod
21h Of April, 1866. This IL prima lcr evidence of
q good title aud puts on the respondents the bur
den OF pronf that the patent is void or worthless
need not repeat nv :emarks in the case of Good
year vs. Day t2 Wall, C. G. Rep: 220.) Int now
s1opt them as sfordin- rule Of decision which an.
plies Clearly 10 the present case.
= rs the Infringement of the patent il aimi, ted
the ONLY question will be to the VALIDITY. of com
plainanis patent Of Apri u. 1855
Ut wa. after speculation had been reduced to
piacllcc ana after repeated experiments that the
eovPainant succeeied in overcoming he prejudice
and igu0nnce oil the people on the subject and
petsnailng me public that Lis invention useful:
af.r he had established its great utility and yslue
and when his gen i' and patient perseverance,, in
spite of sheer and scotsa,' were coInp,e,riv sur
eessf'l, that Reed, who had before made cxperi.
msn's on tne some Hnl,ect, and was unsuccessful.
Imagined thaf hr nd the hest light to theinyention
Nu aIter purchasing one ~ more ConDainant's TOR
pedoes he apnlied on the lst of November, 1851,
fora patent Tor substantially the Same cOmbioa
mons Of devices and rarhne contained i'm complain
ants patent. On the 18th Of the same month the
tespoiuen.s formed themselves into company or
CORPORATION called "1he Reed Torpedo Company, -
Tor me phrposs OF pirating the compainant,s in
tention, Iid supp rting the expense of litigation
ana INNS defraua MIN of the fruits. They have per
eeverei even after the preliminary Injunction very
property cnn,et bv the District Judge.
Let decree be entered for complainant for n ncr
petuai INJUNCTION. and Master appointed to fake
an account according to the prayer OF the bill
X. c. GRIER, Judge.
.NoTE-The passage referred to bv judge Crier in
his former dec': on, Wallace, p 800, adopted as
appica1fe to this case was as follows:
~ - Usually the case, when any valuable dscov.
cry is made, or any machine of great utiity is
inVtnisa. that the attention of the public has been
Nrned % INA. subject previously, and that many
perscus have been making researches and cxperi.
Ipent7 Ph'iosopttr rs ana mechanicians NAV have
~ some nieasrre anticipated in their sppculatons
thc possibility or probability Of such discovery or
lhvehtns; many experiments have been su cces.
.lel, coming very nelr. yet falling shorc of the
Gesired result. They have produced nothing bene-
neal The in"cnion when perfected may truly be
Hsll to be the eliminating point OF many expert,
ors He ma have proited indirectly by the i,nsnc
3essNli experiment and faurcs of others but n
gifeS The no right to calm share of the hcnor of
the pioh OF Ia, successful inventor 1t is when
speculation has been reduced 10 practice, when ey
pertinent iias resulted in discovery and when tha,
discovery h.s been rerfected by patient ana coptn
ued e':per'incnts, when some new compound art
manuiacfhre or macnne has been thus produced
which is useful ~ the public that the party maxim, II
becomes public beneiactor and entitled to patent
sand yet wlieli renius and patient perscyerance
have ~ length succeeded, in snie Of sn ers and
srcfs, some V|,nable Invention or discovery, how
seldom II u followed h. reward Envy rnbs him
of IL" honor =" hiic speculators swindle S, and III.
lfEtss rob him Of the profits. Every unsncces sul
expe- rhenter w',o did or did or did not come very
hear making 1iscpfery now claims it. Every one
WHO can invorit an Improvement. or vary its form,
ch'ims ricat to pirt the ORIGINAL discovery We
nsos not su'.incls ,-or,e, or Blanchard. or Wood.
Wor:h TO prne that This Is the usual history of eve
~ graf GiscDverv or invention.
";ae ses,nt case snds another chapter to this
fs,ng Snd Uniform Nstory '--2 Wsllacs, G. L. Re
FsaSp y sss-