The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1871-02-02
ROBERTS, PETROLEUM TORPEDO.

ROBERTS PETROLEUM TORPEDO.
|TORPEDOES,
! THE ROBERTS
PETROLEUM TORPEDO CO..
| Office at the
RAD planning MILL.
Corner OF Pine and Second Streets,
Near the HatirOadJ
TITUsvILLE, PA. ::
Owing to the large and increasing demand for the
Roberts TOrpedpes, and the lale decision of the
, Commissioner Of Patents in refusing to VIM. Reed
patent. and the decision of Judge Il. q iier sus.
| tiining the Roberts, patent they have Low Erred
the price Of their Torpedoes
.rwENrf.PER CENT.
40 that every Operator can afford 10 try Torpedo
before abandoning Well.
The following IA the decision rendered by Judge
Grier on the twenty-second (22) day of Ssptember
1879 in the United States Circnit Court at Philade
phia: The case was argued three days by Charles
NJ Keller Of New York, b. y. Lucas and s. A. Pur.
yiance OF Pittsburgh, for defendants, and George
Harding of Philadelphia, and George II. Chrisiy Of
rittsburSh, Tor plaintiff.
OPINION OF JUDGE GRrER.
As write with difficulty can only state the con
cusions to which my mind has come after a care,,,
examination Of this case.
The complainant has exhibited a intent datod
25th OF April 1870. This is prma facie cyience OF
good title and puts on the respondents the bur.
den OF proof that the patent is void or worthless.
need not repeat my iemarks in the case of Good.
year vs.; Day t2 Wall, q. G. Rep; 2.9) but now
adopt them as aifOrding rule oi decision which an
plies clearly TO the present case.
As the infringement Of the patent is aimi, ted,
the only question will be us to the validity of com
planan's patent of April IS, 1858.
ut was after speculation had been reduced to
practice and after repeated experiments that the
complainaht succeeded in overcoming he prejudice
and Ignorance OF the people on the subject ana
persuadng the public thsl ais invention was usei:
after he had established it's great utility and yane
and "when his genius and patient perseverance, in
cessfnl, that Reed, who had before made expsri
men,s on the same subject, and was Unsuccessful.
imneined that he had the best right to the invention
40 a m.er ~ pa,cnaspg one or more Complanauts tor
for patent for substantially the same combiua,
tiOIs OF devices and achne contained in con,nain
ants patent patent On the 18th Of the same month the
respondents formed themselves into conuanv ar
corporation called "The Reed Torpedo Cor1nanv' y
FOR the purpose of piratng the cumplainani's in
venfion and supporting the expense of litigation.
and TINS dera%a , MIN or the fruits They have per
properly granted by the District Judge
Let decree be entered dfOrcomplainant for n per.
petiiai 'nJunction and Naster appointed 10 tIke
an account according TO the prayer Of the Jill.
K. G. GkiER, Judge.
NorE-The passage referred to by Judge Grier IN
MS iormer dec,: 'On . Wallace, p. 200 adopted as
app ictbfe to this case was rs fuiiuws.
'it is usually the case, when any valuable d;.coy
cry Is made, or any new machine of great nifty il
nseil,eu !Lat tne attention OF the public has been
.u,heu 10 tnat subject previously, and that many
ments Philosophers ana mecianicians NAV have
IN some IN. ssure anticipated in their snrcIiotinns
the possibility or probability of such discovery or
y uied coming very near. yet falling short nj the
desired result. They have produced nothing bene.
neal Inc Invention When, perfected may truly be
said to be the eliminating point OF MANY expert.
orS lie may have profited indirectly by the ilnsuc.
ce e-sfu experiments and failures of oiher, but it
gives them no right to claim share OF the he nor of
tie proht OF tne successful inventor II Is when
speculation has been REDUCED to practice, when ex
pertinent has resulted In discovery and when thar
discovery has been perfected by patient ana contin
ued experiments when some new compound, art,
which Is useful to the public that the pary maxim, il
becomes apublic benefactor and entitled TO pnI emf,
sand yet when genius and pa,i, mt perseverance,
have Mt length succeeded, in spite of saeers and
SCOTS, some valuable invention or Gisco"ery, how
seldom Is IL followed by reward Envy robs him
Of the honor, whie speculators, swinde,s g. and nj.
rates rob MIN OF tile profits. Every unsuccessful
eAperimenter who did or did or did not come very
near making discovery now claims it. Every ons
who can invent an Improvement or vary its form,
claims right to pirate the original discovery We
need not summons Morse, or Blanchard, or Wood
worth prove tnat this is the usual history of owe
ry great discovery or invention.
1.-The present case aods another chapter to this
long and uniform hiatory."-2 Wallace, c. {. Re
ports p. 292.