The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1871-02-24
/. NRas. fEsHsGNA ro3PEDo.
0RPEDOES.
wfaE ROB BERTs
--yRSfEBM TORfRID co.
Office mt tfAc
IsnD PLANING MlLL,
Ccr,ser OF Pine nnd second strcess,
Near tho E.a,sroadO
TITUSVILLE, Pa. :,

r,,,r ,o tho large and /, q easia demand for the
Roberts Torpedoes, and the late ACCESSION Oh the
4 pnieu. aud tho decision orJud.,c Il. y. Grier sus
taiuing the Roberts pltent they nave LOW Ehhp
che PRICE Of their Tospeioss
TWEEN ~ PER CENT.
40 that every Operator can afford 10 try Torpedo
before Abandoning We'll.
The following ia the decision rendered by Judge |
Gr ier on the tweuty-.ocond (22, day of September,
lSvg IL the United states Circuit Court AZ Phiade
phia. The case Was argued three days by Charles
si keller OF New York, b. T. Lrcas aud . a: fut- |
yiance of Pittsburgh, Tor defendants, and George |
Harding of Philadelphia, AID George L. .h1isiy, Vi
Pittsburgh, for plaintiff tlEtl
OPINION OF JUDGE GRIER.
A,Iwrite with dilcnlty 1 ceu ouy state the con
eiusons 30 which my mind has come aitcr a careiu.
Nh. g IN, ',lsinani hss exhibited n patent dated
25th Of April, 1855 This is prma iacie evidence OF
good title and puts Oh the respondents me bur
d.- .. proof snat ihe patent is void or worthless
neea not repeat my reriarks nthc case of Good
year Day q Wall, Q. {. ReT Z.e bat nov
sdopt them as aording rule oi decision WLich ap-
mics clearly to TIE present csse.
A. The Infringement OF the pstent 10 admit ted,
the oniy question will be as to the validity oi COM
piaiuan.s patent Of April .. 1858.
..It yyes after speculation hai been reduced to
nracticc AID after repeated experiments, thar the
complainant succeeded in overcoming he prejudice
and Ignorance of the peop.e on TIE SUBJECT, ana
,-snadi.. the public that his ilvention was use "a;
after he hed established lis great utility and value,
aud when his genius and patient perseverance,, u.
sDte OF sapers and scoiis,n were completely sac
vessful. tnat Heed, who had before made expert
lneuts on the same srlJrst and was unsuccessiui
im,qined IL he had the best right to the invention
and altsr purchasing one % more COMPLAINANT Tor
psIoes. l.gapvliedon the lst of november, 1867
FOR pltent Tor substantially the came comolnA
ZION, Of devices and ,.arhiacc iitained in comp AN
autis ,a.eut. On the 18th OF tle same month INT
Respondents formed themselves iuto a company o.
corporation called The Heed Torpedo COMPANY,
for the purpose of pi-a:iirg the conDainanrs in
ventivn and supporting, the expense oi Iltigouol
and thus dctraud hini Of the fruits They have pc.
seyerad, even after the preliminary injunction Yer
properly grnnted by the District Judge.
Let decree be entered for complainant for a PEI
petual Injunction. and Master appointed TO tux
~ account pccordng 10 the prayer OF the bill
IL. q. GRIER, Judge
NorE-The passage referred to By Judge Grier
his former decision, s Wallace, p. 80 adopted
xpp.icabie to this case WIS asioiiows:
at il Usually the case when any valuable di sco
ery Is plalc or any IeW machine OF great Gllity
inyert.d, that thea,te,ticn uf the public has be
turned TO that subject previously, ana that ma
persons have BEEN making reseaiches ara eXpt
meats Philosophers and mechanicianS may Ia
~ soue III asure anticipated III their sp 'ou'atic
the possibility Or PROBABILITY Of such discovery
inyantlou many experiments nave oeet; slceesSl
ly sized, coming cry ne'r. yet failing short Ct
dc..red result. They have produced nothing be
fcal This invention when perfected may truly
said 10 BE the eliminating point Ui Ilanv exp
mon 3 not ouiy by the inveltcr, but by many
ors lio may have lTolltet Indirectly Dy the ,:n'
cs.siul experiments and failures Of others, bu
gives them no right TO a m share OF The lie no
lie proiit Of ,Ie snccc-liui i'yentOr II is ~
specnlation has been reduced to practice, when
pertinent LA. resulted III discovery and when
discovery ha4 be-n perfected ny pdtient aild con
le,! cxperiinsats When some new compound,
lnnnufictule, or maeline has been lhll- prodU
.,Lcn /, useful 70 epuOc, that the party Inakii
leaunes apub.ic DenefictOr aud entitled to pal
"Aud vet when genius and pali,nt perseveri
have at length succeeded, in spie Of sneers
f ,vofs some vsuabls invention or cisco cry,
seldom Is II followed by reward! Envy rObs
Of the honor, While speculators, swinde.s, and
raiss rob lin of the profits. Every unsncce'
sxi,sritieler who did or did or did not come
near making u discovery now claims IL. Every
who can invent an Improvement or vary its fl
Chains right to pirate the original discovery.
need not summons Morse or Blanchard Or "
Worsa to prove tlat this is the usual history of
nv rrsst discovery OF invention.
"rhe present ADDS another chapter to
longani uniform history."-2 Wallace, c. L.
ports p. S92