The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1870-12-23
EORPEDOES.
THE ROBERTS
pETRuLEUM TggpgND CO.
Office stt tat0
Kan FLAMING MILL.
Corner Of Pine and Second streets,
;Sear the Ratlrooa,)
TIrUSVILLE, PA.
ROBERTS PETROLEUM TORPEUO.

Owing 70 the large and increasing demand rc. the
hoot11.s TorpedDes, and the late dccisiun of the
Conliai-sioner Of Patents Ia refusing to Wm. Hevt
patent Md the decision OF Judge a. . ,,iler
taiuins the k.ibsr.s' patent they nave LOW hnLu
the price Of their Torpedoes
.,TTEN II PER CENT.
20 that every Operator can afforu \. try rorp.do
before aUaiidoniug Well.
The 70 lowing is the decision rendered by Jud-e
Grier on the .secono t:2) day OF SeItsmb.r
lS9, IN the United States Circuit Court a, Phladei'
pniA The case WAS argGcd three DAYS by Charlie.
N. Keller Of New York, b. r. Lucas and s. A. Pur.
VANCE of Pittehargh, for defendants and Csorn.
Harding OF Philadelphia, and George H. Ch...iy. si
PittsluIgh, for planta.
OPINION OF JUpGs GRyER
AZ write With difficulty can only state the con
illusions 10 which my niud has come after care. ~
examination OF this case.
Inc com. !lainant has exhibited patent dated
.5th OF April 1865. This is prma facir evidence OF
good title. and puts on the respondents the bur.
deu Of proof that the patent Is void or worlhl.ss
need not repeat my remarks in the case of Good
year vs: Day &? Wall, c. Z. ReE 2.s.l but now
adopt them as afordng rule Oi decision Which M,
plies Clearly to the present case. ~
A. the infringement Of the patent IN sdni, t,-d
the onl! question will be to the validity oil com
plainsnis patent Of April Is, ls5S.
III WAS aiter speculation had been reduced TO
practice, aud after repeated experiments thar the
complainant succeeded in overcoming he ureiudir,
and ignorance OF the people on the subject, .nd
persaading the public tnat his inventon Was use I
after he had established its great utility md vain.
and "whsn his genius and patient perseverance,. in
spite oi sucers and scots," were lo.upletely suc
eessfnl, that Reed, who had before made expert.
imagined that Gc had the best right ote inyentio,,
az after purchasing one or more complainant, TOR
pedoes be applied ON the lst, OF November lsn7
ior a patent ior substantially the same combina
lions oi devices and achine contained in complain.
ants patent. On the 18th oil the same month m,
respondents formed themselves into company or
corporation called '.The Reed Torpedo Company
for tue purpose of pirating the cumoainau,,, in
vention, and supporting the expense OF ,it,yatini,
and thus defraud him Of the fruits. They have me-.
severed even sitter the preliminary iniunctioni v.ry
properly granted by the District Judge '
Let decree be entered for complainant for a mar
petial 'nJunct!oil and Alsster appointed TO lake
~ account according to the Player OF the bill
II. Z. GRIER, Judge.
NorE.-The passage referred to by Judge Grier in
his former decis On Wallace, p 29g adopted ss
app icabie to this case was As follows:
III Is Usually the case, when any valuable 6iscnv
cry Is made, or any new machine Of gr,atu ity /.
invented, that the attention of the public ha, ben
lurued to thar subject previously. and that NAV
persons nave been making researches and exp.ri
ments philosophers ana mechanlciaIs ma nav,
10 some measure anticipated in tleir 80 cTiations
the possibility or probability of such discovery or
invention; many experiments have beef ,rc,s: .r,I
uleo, coming very Dear yet liing short a the
desired result They have produced nothing hem.
| neal The invention whs. perfected may ir,,iv be
e~io !" NC tiic Culihiiiang point OF many eS,lpri
rnen 8, rot only by the inventor hut py m,o,,y ~
ors te may hav. protted indirectly by the i'm nc
ceSs'ul experiments and failures us o;hcrs but i,
sises .ne no rigis, To cam share oil the he nor of
tne protl Of the successful inventor IL ia when
speculation has been reduced to practice, when eY
pertinent ha- resulted in discovery and yhen tIs,
discovery has been perfected by patient ami con;n
ued experiments, when some new coUlnonnd arr
manufacture. or machine has been ,h,. nrndnc. ~
which !, useful to thepubIic that the party malin
oeeomss apuolic benefactor and entitled t. a laent
"Aho yet when genius and patient perseverancr
have VI length succeeded, in spi,e of she a.. ana
| 'rof.' some valuable invention or cisco.ery, how
seldom Ia II followed by reward Envy roo. him
Q. the honor, "hiie speculators, swiudles, and nj
rates rob him Of the profits. Every nr,ucce.sinl
experim.ner who did or did or did not come y,ry
near making discovery,how claims IT, lTerv on
who can invent an improvement or vary its f,rn
Claims right to pirate the original disc very We
need not summons horse or Blanchard or Wood.
worth TO prove tlst this Is the usual history of cv
ry great discovery or invention.
1.-The present case aods another chapter TO tb,a
long and uniform history.'-2 Wallacs c. q. Es-
ports p. 202. '''