The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1871-03-20
.UBERTs' PETROLEUM TORPEDO.

thAO
RAD PLANNING MILL,
Corner Of Pine and second streets.
Near the RaiirOadJ
TITUSVILLE, PA.
Owing to the large and inc reasn demand Tor fh,
Roberts TOrpedoes and the late iecsi Il, u. Ia.
Commissioner Of Patents in reiusihg to " il ",e'i
patent, aud the decision Of Judge h. uiiel -1.
talning the koberts' patent they nave Low n"Lp
the price Of their TorpedO,s
TWENTY PER CENT.
40 that every Operator can afford ,v try q Torpedo
before abandoning Well.
The following Is the decision rendered by Judge
Grier ou the tweitysecond l22) day of september,
1862 III the United states Circuit Court at Pilade.
phia. The was argued three days by Charles
NJ Keller Of New York, B \ Lucas and $; A. pur
Harding OF Philadelphia, and George H. Uhrisiy, Of
Pittsburgh, for plaintiff.
OPINION OF JUDGE GRIER
As write with difficulty can only state the con
illusions to which my mind las after Il careful
examination of this case.
25th of April 1915 TLis is prnla facie evidence of
good title anu'puts on the Respondents the bur
den Of pro'f that the pateut is VOID worthless.
need not repeat IN. remarks in the case Of Good
adopt them as aiOrdng rule Oi decision which alJ.
pics clearly to tue pl esent case.
As the infringement of the pa eat Is admit ted
the only question Will he to the validity vi com
plainanis patent Of April %, 1858.
at was after speculation had been reduced to
practice and alter repeated experiments, that the
complainant succeeded in overcoming he prejudice
and ignorance OF the people ON tile subject and
persuading the public that his inveutiOn WAS use.u
aftsr he had established its great utility and value
and "whsn his genius and patient perse verance, in
| rnlt al ayrN
cessfu that Reed, who had before made expert.
ments on the same subject, and was unsuccessful
imagined thar he had the best right to invention
and after purchasing One OF more complainant tor
| pedOes lie applied On the tst Of November, 1857
| for patent for substantially the same ct.lnbina
tiuns OI devices and athine Contained in complain
ani 5 patent. On the 10th OF the same month the
| respondents formed theuse Yes into company ur
cor rporation called "The Reed Torpedo Company"
| for the purpose of prating the complainaut's in.
vention, aud supporting tile expense litigation,
and thus dcraud him of the fruits. They have pc
severed, alter tine preliminary injunction very
| property grantei 10y the district Judge.
Let d. ere; he entered for comp inl.t for per-
i petual injunction. aLd Naster appointed u lake
ali account according To the prayer OF the bill.
! Il. [. GRlER, Judge.
NOrE.-Tbe passage referred to by Judge Grier in
his former dccis'Un, 8 Wallace, p 300 auopled IS
| app icabie to this case was Us follows:
"lt is usually the case, when any valuable di.cov.
cry Is Muue- any new nncliiuc of great mi ty Il
invented, tlnt tile attention Of the public has been
turned to that subject previously, and that may
| per>Ons have been making aches and eXpuri
| meuts. PhilOs ,pIers anu meclanicians may lave
III some III, Assure anticipated III tieir sp.culatiOns
ale ps.ibiity or proDaoility Of such discovery or
invention; many experiments b, Oh successful
iy tiled, coming very near. yet ialiiny short ut the
desired result. They have Produced nothing bcne.
lclal. Th.: invention wel perfected may truly he
said to be the eliminating point OF MANY expert.
mon >, not Uny by the inventor, but by many 9th.
ors. ie may have prOiited indirectly by the unsuc.
ce,sfu experiments and failures Of others. but it
gives them right u share Ui the he nor OF
| tie proil OF the successful inventor II IL when
speculation has been reduced to practice, when ex-
pertinent ha. resulted in discovery and when that
discovery ha- been perfected by patient ana conin.
ued experiments, wneu some new compound art,
| manufacture, Or machine has been thu. produced d
which is useful to the public that the party making II
te.Oiies apublic benelactor and entitled to pa ent
"And vet when genius and patient perseverance.
have at length succeeded, in spite Of sheer. and
-cotfs some valuable Invention Ur Cisco"ery, how
seldom is il followed by reward Envy robs him
of the honor, whine spectators, swindui g. and p
rates rob him of the profits. Every unsnccessul
eXIerini,nier who did or did or diu lot come very
| near making discovery now claims 1t. Every one
who can invent All improvement vary Its form,
claims u right to pirate the original discovery We
| u,ed not summons Morse or Blanchard, or Wood
worth prve that this is the usual history OF eve
ry great discovery invention.
"The present aods another chapter tn this
long and uniform history - Wallace, Z. Y III.
| ports p w