The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1871-01-07
ROBERTS PETROLEUM TORPEDO.

ROBERTS PETROLEUM TORPEDO.
EO.RP TIDOES.
THE ROBERTS
PETROLEUM T8apgDo CO.
office at the
RAD planning MILL.
. CORNER Of Pine and second streets,
Near the RatirOaIO
TITUsVILLE, PA. ::
Owing 70 the large and increasing demand for the
RObcrls' Torped iss, and the late decision OF the
Commissioner of Patents In relu sing to Vim. Reed
patent and the decisi N OF judge 4. Gner sus
taining the roberts patent they have LOW EltED
tie price Of their Torpedoss
TWENTY. PER CENT.
40 that every Operator can afford " try Torpedo
before abandoning Well.
The following is the decision rendered by judge
Grier on the twenty (22) day OF September.
ls.'s, in the United States Circuit Court at Phadel.
phi1; The case @ was as argued three days by Charles
NJ Keller Of New York, b. T. Lucas and 5. A. Pur.
Vance Of Pittsburgh, for defendants, and George
Harding Of Philadelphia, and George II. Chris,y, If
rlttspufsh, Tor pa'ntin.
OPINION OF JUDGE GRIER.
As write with difficulty can only state the con
clusous to which my mind has come after care.,i
examination Of this case
The complainant has exhibited patent dated
25th Of April, 1865. This is prima fice evidence of
good title, and puts on the respondents the bur.
den of pro'f that the patent Is void or worthless.
need not repeat my remarks in the case of Good.
year VS.. Day Il Wall, 9. c. Rep; 2.9) but now
adopt them as aiording rule O decision Which ap.
plies clearly to the present cice.
rs the infringement of the patent is admi, ted.
the only question will be us to the validity OF com
plainants patent of April Is, 1858.
ut was after speculation had been reduced to
complainant succeeded in overcoming he prejudice
| and ignorance of the people on the subject, and
persuading the public that his invention was use;u
after he had established its great utility and value,
| aud when his genius and patient perseverance, In
| spite OF sncers and scotfs," were completely snc
eessful, that Reed, who had before made exner.
ments on the same subject, and was unsuccessful,
imagined that he had the best riyht TO totLeinyenior
and after purchasing one or more complainaut's tor
pedoes. he appled on the LIST of November, 1851
for patent FOR substantially tho same cUmbiua
uons OF devices and achine contained in complain
| respondents formed themse Ives into a cOmpany or
corporation called "The Reed Torpedo Company, -
Tor the purpose OF prating the Compartments in
veiltion, aud supporting the expense of litigation,
and thus defiaud him of the fruits. They have be,
SEVERED even after the preliminary injunction very
properly granted by tine District Judge
Let dscree he entered for complainant for A per.
petual injunction. and Master APPOINTED 10 take
an account according to the PRAYER of the bill
v-~v H. Z. GRIER, Judge.
NorE.-The passage referred to bv Judge (,rier in
his former decision, Wallace, p. 200 adopted ss
app tcable to this case was as follows;
ut Is usually the case, when any valuable di.coy
cry ls uade, or amy new machine of gr at u,iity 1,
Invented that the attention of the public In, 6e,,
turned 70 that subject previously, and that mar,
persons have BEEN making Researches and eyneri
ments PHILOSOPHERS ana mechanicians NAV law
III some measure anticipated in their speculation
the possibility or probability Of such discovery @
invention; many experiments have bee success c,l
y tiled, coming very near yet falling short OF tn
desired result. They have produced nothing hen,
hcial. The invention when perfected may truly b
said to be tho eliminating point OF many expert
mon :, not on, oy tne Inventor, but by many 9th
ors. lie may hay. proted Indirectly by the ins
ce'sful experiments and failures of Others, but
gives them no right to Ga IN share of the hrnor a
tue prolit OF the successful inventor 1t Is whe
specnaton M nus neen radue.d to practice, when eS
discovery has been perfected ny patient ana coutl
| ued experiments, whom some new compOund. art
manufacture, or machine has been TIM, produce,
which is useful to the public that the party making
becomes apublic bcnefactOr and entitled ia ert
sand yet when genius and patient perseverance
have ut length succeeded, in spite of sn.ers an,
scOifs, some valuable invention or cisco"ery. HOY
seldom Is II followed by reward Envy robs hin
| OF the honor, whine spectators, swnd;e a. and nj
! rates rob him of tho profits. Every Unsuccessful
eXpermcnier who did or did or did not come ytr
near making discovery now claims 1t. Every OF,
who can invent an Improvement or vary its form
claims right to pirate the original discovery W
worth to prove that this Is the usual history of cy,
ry grrat discovery or invention.
"The present case aods another chapter to thj
long and .u uniform history"-2 Wallace, G. Z. K,