The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1871-01-21
ROBERTS PETROLEUM TORPEDO.

ROBERTS PETROLEUM TORPEDO.
TORP EDOES.
THE ROBERTS
PETROLEUM TDRpEDo CO.
OSsice ut the
RED PLANNING MILL,
corner 81 Pine and second streets,
Near the RatirOads)
TITUsVILLE, Pa. :
0wmg b. the large and increasing demand for the
Roberts TOrped0es, aud the late decision Of the
CommissiOner Of Patents in refusing to VIM Reed
patent and the decision OF Judge Il. Y Srer sus.
ialning the Roberts' patent they nave LOWENkD
the price VI their Torpedots
:rwENrYspER CENT.
50 that every Operator can Afford ~ uy . Torpedo
before abandoning Well.
The following is the decision rendered by Judge
Grier on the twenty second t22) day of September,
1862 in the United States Circuit Court at Phladel.
phia. The case was argued three DAYS by Charles
N. Keller Of New York, Is. h. Lucas and S A. Pur.
viance Of Pittsburgh, for defendants, and George
Harding of philauephls, and George u. Chrisiy, of
rlt1ourSh, Ior pis,nuu.
OPINION OF JUDGE GRIER
As write with difficulty can only state the con
clusions to which my mind has come after csre:u.
examination of this case.
The conn lainant has exhibited . patent dated
25th Of April, 1865. This is prma face evidence of
q good title, aud puts on the respondents the bur.
den Of proof that the patent is void or worthless
need not repeat my remarks in the case of Good.
year w. Day IL Wall, Z. c. Rep; 1907 bat now
adopt them a. aliordin1 rule OF decision which az.
plies clearly TO the present case.
, As the Infringement Of the patent 10 admitted.
the only question will be as to the validity of com
plainsns patent Of April u, 1858.
''lt wsa after speculation had been reduced 10
practice" ana After repeated experiments, that the
and Ignorance of the people on the subject, and
persuading the public that his invention was uselIi:
after he had established its great utility and value
spite OF sncers and scois," were completeiv snc
cessfu that Reed, who had before made experi.
ments ON the same subject, and was unsucces.ft,l.
imagined tat ne had the best right to the invention,
aid alter purchasing one OF more COmplainaut,s tor
pedOcs lie applied ON the lst OF November, 1897,
for patent for substantially the same coni,na
tons OF devices and achine contained in complain.
respondents formed themselves into comnany or
corporation called "The Reed Tcrpsdo Con,mnv, J,
for the purpose Of prating the compninant's In.
and thus defraud him Of the fruits. They have me-,
severed even after the preliminary Injunction very
properly, granted by the District Judge
Ls. oscree be entered for complainant for per-
an account according to the prayer of the bill.
..--, H. Y. GRlER, Judge.
.NorE-The passage referred to bv Judge Grier IN
bis former decision, Wallace, D. 800 adopted "A
app fcAbfe to this case was as follows:
at Is usually the case, when any valuable d,.coy
cry is nade or any new machine Of great mi ity il
nveated tiat tne altention Of the public has been
turned to that subject previously, and that ,nanv
persons have been making researches and experf.
ments Philosophers anu mechanicians nnv kavy
10 some measure anticipated In their spectations
tne posslbity or probability Of such discovery or
invention; many experiments have been successful.
tiled, coming very near. yet falling short of the
desired result. They have produced nothing rene.
ncial: Ihs Invention whe. perfected may truly be
said to be the eliminating point of MANY exneri.
mon ., not only by the inventor, but by many 9th.
ors he may hav. protted indirectly by the i,nsuc.
ce.sful experiments and failures of Others. hnt IL
gives tnem no right to claim share OF the honor OF
speculation has been reduced to practice when AK.
pertinent has resulted in discovery and when thnt
discovery has been perfected by patient ana contin
ned experiments, when some new compound, art,
manufacture. or machine has been Thu. produced
which 10 useful to public that the party making il
becomes apublic bcnefactOr and entitled to a patent
"Ano yet wien genius and patient perseverance,
have at length succeeded, 10 spite Of sneers and
SCOTS, some valuable invention or disco"ery, how
seldom Is II followed by reward Envy robs him
Of the honor, while SPECTATORS swindle,s and nj.
rates rob him of the profits. Every unsuccessful
experimentar who did or did or did not come very
near making discovery now claims it. Every ons
who can invent Nh Improvement or vary its form
claims right to pirate the original discovsry W.
need not summons Morse or Blanchard, or Wood
worth to prove that this Is the usual history of eve
ry great discovery or invention.
"The present case adds another chapter to thl,
long and uniform history ."-2 Wallace, G. G, Ike
ports p. 292.