The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1871-01-23
w,fERrs' PETROLEUM roRpnno.

N,RERTs' PETROLEUM TORpEnO.
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TORP EDCES.
THE ROBERTS
PETROLEUM TORpEDO co.
Office nt the
RAD PLANIN6 MILL,
0osisss ~ E1ss and Second streets.
ssess the RaoirUsaJ
TrTusvILLA Pa. /:
Uw,na 70 sAs lapys and inersasing demand for the
RobefsJ TOrpsAoes, snd the late desision Of the
pateat aud the dscisi'n OF Judge K. q. Grer aus
talnint the kobsfs' psesat they lave LOWERED
The price q their Torpciots
:rw8Nrf:PER CENT.
~ that ovmy Operator can afford ~ try Tolpedo
before Abandoning Well.
rbe following Is the decision rendered by JUDGE
Gricr tue twenty second i22) day of ssp,e.nber
iSta in the United States Circuit Court at Pb iuue
phs. The case was argued three days by Charles
N. Keller Of New York, D. H. Lucas and 5. A. I'ur
viance Of Pittsburgh, for defendants, and George
| u
Pittsburgh, for plaintiff.
OPINION OF JUDGE GRIER
As write with difficulty can only state the con
clusions to which my mind has come aftcr careful
examination Of this case.
The complainant hss exhibited = patent dated
25th Of April, isis. This Is prima tace evidenc. OF
den Of proof that the patent Is void or worthless
neei not repeat my remarks in the case of Good.
year vs.; Day q Wall, c. c. Rep, a.eJ but now
adopt them as anoraing rule OF decision which ap
plies clearly to the present case.
AS the infringement Of the patent 10 admitted,
the only question will be to the validity of com.
plainants patent Of April 25, 1855.
| 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
persrading the public that his invention was nsed;
after he had established Its great utility and value,
and "wheu his genius and patient perseverance, In
spite Of % snSer; and scoas," were completely sue.
ments on the same subect, and was unsucce.sfni.
nngined that he had the best right to the Invention
aud after purchasing one OF Complainant's tor
pedOcs he applied on The lst of November, 1857,
| for patent for Substantially the same cOmbina.
tons of devices and achnc contained in COMPLAIN
aurs patent. On the 10th Of the same mouth the
corporation called 1.-The Reed Torpedo COMPANY. y
for the purpose Of prating the complainants In.
vention, and supporting the expense Of litigation,
and tha' dsilaud him Of The fruits. They have pc:
properly. granted by the District Judge
Let decree be entered for complainant for per.
petual injunction. aud Master appointed TO take
an account according to the prayer Y oi the bill.
NorE.-The passage referred to bv Judge Grier in
his former decision, Wallace, p. 2s9. adopted as
app icabfe to this case was as follows;
~ Is usualiy the case, when any valuable discov.
cry Is made, or any new machine Of great utility is
invented, that the attention Of the public ba, 6een
turned TO that subject previously, and that many
persons have been making researches and experi
ments Philosophers and mechanicans NAV iIay,
IN some MEASURE anticipated In their sprcnIstions
the possibility or probability Of such discovery Ol
invention; many experiments have been successful
y tiled, coming very near. yet falling short Of tn,
Desired result. They have produced nothing bene
hcial. The invention wheu perfected may truly b,
said to be the eliminating point oil MANY expert
Ors. lie may hav. proflted Indirectly BY the i,nsuc
cessiul experiments and failures of Others, hut h
gives thom no right to claim a share of the honor
the profit OF the successfil inventor 1t Is wher
speculation Inns been reduced to practice when ex
pertinent has resulted In discovery and when tha
discovery has been perfected by patient ana contin
ued experiments when some new compound a.'t
manufacture Or machine has been thus produced
which 10 useful to public, that the party making
becomes apubic benefactor and entitled to patent
sand yet when genius and patient perseverance
have at length succeeded, 10 spite Of sneers an,
seldom is II followed by reward Envy robs hin
Of the honor, white specuatOrs, swndleis, and pI
rates rob him Of the profits. Every unsuccessful
sxperimcnter who did or did or did not come ver
J near making discovery now claims 1t. Every Oh
who can invent an Improvement or vary its form
claims right " pirate the original discovery. W
need not summons Morse, or blanchard or Woot
worth 70 prove that this Is the usual history of cv
ry great discovery or invention
1.-THE present case aads another chapter to th
ports p. asa.