The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1871-01-19
suBEETs' PETROLEUM TORPEDO.

5OBEkIS PETROLEUM lOhtEbo.
TORP .EDOES.
THE ROBERTS
PETROLEUM T0nlED0 CO.
ofnse % the
RED PLANNING MILL,
Corner OF E'ine ana second streess,
Near she RalirOndD
TITUsVILLE, Pa. :
Owing 10 the large and increasing demand for the
Roberts TOrpeives, and the late decision OF the
CommiesOner Of Patents In refusing to VIM. Reed
patent. aad the decision Of Judge II. Z. Gner sus
taining the Roberts patent they nave LOWEKED
the price Of their Torpedoes
:TwENrY:pER CENT.
- that every Operator can afford u try Q Torpedo
before abandoning Well.
The following ia the decision rendered by Judge
Grier the twenty y-second (22) day Of September,
1879, in the United States Circuit Court at Philadr
phis: The case WAS argued three days by Charles
NJ. Keller Of New York, b. r. Lucas and s. A. Pur.
Vance Of Pittsburgh, for defendants, and George
Harding of Philadelphia, and George Il. Christy, "
Pittsburgh, for plaintin.
OPINION OF JUDGE aR1ER.
As write with difficulty can only state the con
clrsions to which my mind has come after careu
examination Of this case. i
25th Of April 1865. This Is prIna acie evidence OF
q good title and puts on the respondents the bur.
den Of proof that the patent is void or worthless.
need not not rspsat, myis%arss in the case Of Good
adopt thcih as affOrding rule OF decision Which ap
plies Clearly to the present Case.
As the Infringement of the patent 10 admit ted,
the only question will be to the validity of com
painanis patent Of April 25, 1883.
at was after speculation had been reduced to
practice" and after repeated experiments, that the
complainant succeeded in overcoming he prejudice
and Ignorance Of the people on the subject and
persuadng the public that his invention was usefl
after he had established its great utility and value
and "when his genius and patient perseverance, in
spIe o. ta, sIeers d ana sco were completely sue
ments on the same subject, and was uIlsucces .fj
imagined that he had the right to the In, enion
aud after purchasing one OF more Compainant's tor
ped0es. he applied On the list of November 1851
for patent for substantially tho snnle combira
tions of devices and achinc contained in conniain
ants patent. On the 18th of the same month the
respondents formed themselves into q COMPANY or
corporation called ''The Reed Torpedo Coinpnny.p >
for tue purpose Of pirating the complainanis in
vention, and supporting the expense OF litigation.
and thus deiraud him Of the fruits. They have pei
properly granted by the District Judge
Let d d-crec be entered for complainant for per.
petual injunction. and Master appointed TO take
an account according to the prayer Of the bill
4. e. GRIER, Judge.
.NOrE.-The passage referred to by judge Grier IN
his former decision, Wallace, p. 299 adopted ne
app icabe to this case was as follows:
ut Is usually the case, when any valuable tiseov.
cry is made, or any new machine Of great uli iy l.
invented, that theatention of the public has ,etn
turned to that subject prev ously, and that many
persons have been making researches and exnrrI
ments. Philosophers anu mechancians NAV hay.
IN some MI asure anticipated In their sptcnIations
the possibility or probability Of such discovery ar
invention; many experiments have beeL successful
lyhied, coming very near yet falling short Of the
desired result. They have produced nothing bane
fetal The Invention whcl perfected may truly be
said to be the eliminating point OF MANY expert
ors. tie may hav. proted Indirectly by The i,nsuc
ccssfu experiments and failures Of others. bur n
gives them no right to clam share Of the he nor o.
the proiil OF the successful inventor 1t is when
speculStion has been reduced to practice when ex
pertinent has resulted in discovery and when thai
discovery has been perfected by patient ana cOn,n
ued experiments, when some new compound, art
manufacture q, or machine has been Ibnr nroduc.r
which Is useful to the public that the party making
becomes apubc bcnefactor and entitled to a ua,ent
"Ano yet when genius and patti mt perseverance,
have at length succeeded, in spite of sn.ers and
scoifs, some valuable Invention or disco'ery, how
seldom Is il followed by reward Envy robs him
Of the honor, whine speculators swindle,s g. and MI
rates rob him Of the profits. Every unsuccess su]
e4permenter VINO did or did or did not come very
near making discovery now claims il. Every on
who can invent an Improvement or vary its iurm
claims right to pirate the original discovery w,
need not summons Morse, or Blanchard, or Wood
ry graf discovery or invention.
"The present case aGds another chapter to thi,
long and uniform history."-2 " sllacs, G. Z. Ike
ports p. 2o2.