The New York herald., 1870-01-27
BOUND TO 7HB WHEEL.
The Case Of William Mullee, Now in Ludlow
Street Jail-Is he imprisoned for Life In
Default Of $2,500?-WhO Has Power
to Release Him Am Interest
ing Question Of Law.

The case OF william Mullee which was decided by
Judge Batchford eighteen months ago, and since
which time ne has been locked up IN Ludlow stree,
JAIL where ne Is destined remain until he can find
somebody good enough TO pay his prosecutors 81 too
did not attract much attention when it Grst came
into the courts. Certain circumstances which oc'
Cured few weeks ago, however, have again
brought the defendants name into notice. IL was
alleged that he was imprisoned for life by his perse-
cut0rsn as 10 calls the prosecutors in the case they
knowing perfectly well when he was placed IN lail
that he could never get $500 from any oody'
HERALD reporter called upon him at The prison the
other DAY when told his side OF the story as FOL
lows
worked as foreman combinaKer IN the estab
isnment Of Mr. Dwenger " dwsnty,ioaran Street,
tives OF the Goodyear patents. assured me
that they won lawsuit tnen pending
4 Rider aud Dwenger Il Wagner, for infringe
ment OF the patents. tney would purchase the Ini-
chInery bad invested IN and was using. In 1865 or
1853 Poppenhusen h Kong induced the parties
above mentioned to compromise and so out OF the
getting out an injunction iorbloang them maging
use of sulphur IN ruooer WITHIN tue proportions OF
from four 10 sixteen ounces OF sulphur 70 pound
OF rubber. When this was accomplished was Or
dered 10 stop work. and they refused 70 buy my ma
chnery. They afterwards bought and paid lor tne
most yauaDle, leaving the rest on my hands.
MULLEE HAS AN IDEA.
had an idea that could make nard rubber COM
posed OF rubber with more than sixteen ounces Of
sulphur TO o pouno OF rubber. went u Pennsyl-
vanIa and began 20 work on lay new idea kenien-
Der that the proportions are Inc only things
patented by the Gooayear Company. Ny laea proved
success.
In lS5e-8o Poppenhusen K0nig's lawyers came
70 me ana tried 70 have me compromise tue whore
matter We came TO an agreement ana pulled
York. When came 10 tins city was suopanaed
or rather my brother was suppHnaed ny mistake Tor
an Hll
wouldn't sue me IN Pennsylvania. The agreement
signed bound me not to do anything against the
HE APPLIES FOR PATENT.
went to Baltimore and on February IL, 1867, ap-
pied I0r patent Tor he process VI manufacturing
hard compound uf rubber applicable TO Jewery
and dental purposes shortly aiterward applied
for another. The Goodyear Company commended the
nard rubber could not be MADE BY my process.
They said they had tried 1t themselves ana iaiied
DOES NOT GET H.
The issuing OF the patent was refused on that
ground by Professor Hedrlck. brought the matter
appeal before the Commissioner ana Board oi
Examiners, ana a.so applied Tor a warrant Tor the
Professors arrest Then Hedrick went TO my factory
In Pennsylvania 10 witness the process by Wnich
claimed TO produce the new compound. he pro-
mised II could do as SAID could he would issue
the patent he went 10 my factory, aud went away.
taxing some OF tue mixture material VITA nlm Dat
he refused 10 issue the patent.
WAS 1T STRATEGY?
After June or July 1867, Jew was got VINO
swore that offered hin combs for sale-sampies.
was arrested for selling combs IN violation Vi al In
Junction issued some TIME before.
JUDGE BLATCHFoRD TAKES A HAND IN.
| was tnen brought before Judge Blatcnford and
was sued Poppeanusen u Konig Claiming tuat !
had made COMBS with less than sixteen ounces or
sulphur to the pound OF gum. Professor Seeiey's
alalyss was received as good evidence, aud ne SAID
that the combs had only fourteen ounces, which, or
course was infringement OF the patent Many wit
nesses, among them men who worked IN my factory,
teen ounces OF sulpnur. One Of the OF
Olher side, named Clary told me afterward he nad
case vas assigned to Commissioner Guttnan TO take
evidence. The result was my being IN June, ls6o,
to jail and stay there until INC amount was paid.
WHICH iSwHiCHY
would mention that q man named Sandberger
GwOre during the trial that ne had got wrtlLen
order from me or my brother teillng the latter to
ec nim combs Of our manafactnre. after the In IN
' %e alter nc I'" had been en- in prison s' anu u
begged me not prosecute him Tor perjury.
In his anldavit against Ime ne swore that | manu-
factured COMBS with less than sixteen ounces OF sui
phur. lie afterwards made af1davt swearing
that the other andavit was lie. ana that ne had
been induced by my prosecutors to swear as ne had
and had been paid $3.50 month wnlle nuntlng after
NOT III He KNEW HIMSELF.
David n. Ropes, one OF the Goodyear patent FOLKS,
made proposition TO me. He wanted me To
sign paper applying Tor an Injunction against my
patent, ia which 1 should acknowledge tnat nad
infringed, and that then would be released. Never
having infln2ed tner patent dad not sign the
paper
When SaDdberger made that afndavit swearing
that nad he'd in iirst one my counsel took It
me discharged. but the Judge declined, saving tnat
had jurisdiction in The case and that only the
President could release me. And mere am YET. !
and now have not y cenJ. My wLe has been driven
insane. am Kept mere because OF having made an
invention the success OF which would nave damaged
the Goodyear monopoly.
THE OTHER SIDE OF the PICTURE.
After leaving the jail reporter had a converse
tion with Judge Blatchford his Office in reference
to Mulee's case, and the Judge In speaking OF him,
said that he was persistent infringer,o and had
fled from circuit to circuit, ana had attacked the
United States Marshal's ol1cers who had been sent
to arrest HIM in Pennsylvania AS to the merits Of
the case he referred to his decision given against
Nulee in 1888 In that decision the Judge after
viewing all the evidence, said that william Muee
and John Miller. the defendants .have oeen infrlng-
ing the Goodyear patents for several years. at three
places In Pennsylvania and ut New York city, and
the various establishments In which they have been
working have been broken up by the process OF the
courts. In regard TO Mulee, it appears that since
the injunction served upon him he mas made
and sold combs composed or india rubber and
sulphur, vucanZed py a high degree OF arti-
fetal neat and having the properties possessed
Dy the article described In the Goodyears patents ~
and that the "combs made and sold by Mullee are
made OF q substance which has the properties OF
the substance referred to in the patents and Is COM
pounded Of the ingredients named III the patents,
mixed proportions Within the range covered W
the patents end subjected 10 the neating process
described III the patent5."
ANOTHER JUDGE TAKES HAND IN.
On the 26th OF May, 1868, Judge Gricr rendered q
decision granting injunction against Muiiee and
others and 10 the decision said tuat after
had setted the vaildity OF the complanants pa
tents "Mulee obsllnately continued TO infringe and
Was imprisoned for contempt OF court Tor
such conduct; that IN New ork, In consideration
that the p.antfi would release him from damages
tnat might 0e recovered against nm, he c0venanted
that re would more contest HIS title and cease
from sll iaterier ence and that another iIDucon
was aiterward Issued" by himself, Judge Grier.
The Judge also remarked that Mulees ..opera.
tives resisted the Marshal In the service OF lne
process OF his court and were indicted and punished
Tor 20 doing"
MUILEE WANTS TO 90 HOME.
After Mullee had been IN Ludlow street Jail seye-
raj months and MS application torJudge Biatchford
for release mad been refused Oh tile ground OF want
OF Jurisdiction, he applied Tor pardon to President
johnson, VINO referred the matter TO Mr. Evarts the
Attorney General. The latter investigated the case
and recommended the President not to grant u par
don. Mullee made application TO President Grant