The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1871-03-22
.lUBERTs' PETROLEUM TORPEDO.

iUBERTS' PETROLEUM TORPEDO.
'TORP EDOES.
THE ROB ERTS
PETROLEUM TORPEDO co.
Office at the
RAD PLANNING MILL,
Corner OF pine and second streets,
Wear the hatIrOadO
TITUSVILLE, PA.
Owing to the large aud increasin, demand Tor the
Roberts TOrped1es, and the Accisiun Of the
Commissioner Of Patents In re.u,ing to VIM. Reed
d patent and the decision Of Judge a. Z Grer sus-
laininv Ihs Roberts piteat they have LOWktk.D
the price VI their Torpeuo,s
TWENTY PER CENT.
30 that every Operator can afford 10 try o Torpedo
before abandoning Well.
The followin. Is the decision rendered by judge
Grier the twenty second t22) day OF septenibtr
ie,a, in the United states Circuit Court at Phiiadel.
phin The case was argued three days Nv Chprles
NJ. Keller OF New York, y. y. Locas and s. A. Pur-
viaiice of Pittsburgh, for defendants, and tsurpe
Harding of Philadelphia, and George II. Ihrisiy, Of
t1ttsDufsh, ior paihtiii.
OPINION or JUDGE GREER
As write with difficulty eau only state the con
clu.ons 10 which my mind has coulv after careful
examination Vi this csse.
III, CON liam lnl has exhibited q patent dated
18th Of April, lS'i5. This is pr,na facir cyec- ui
d good title, und puts the Respondents the bur
den of proof that the lNteut Is VOID worthless.
need not Iels at my isnarks IN the cu.e VI s,u0d
year bay (z Wall, Z. {. ksl; l29) b.s nov
adopt them rs aloriinS rule ol decision which ap
pies clearly tU the pi essnt cass.
As the Infringement Of the pn'elt 10 admit ted,
the oni, question: will be lis tU the validity vi com
painan's patent Of Apnl ~, ISIS.
ait WAS after speculation had been reduced TO
practice, aud ai.cr repeated experiments, tint the
complainant succeeded in overcoming he lrjutice
and ignorance of the people the subject, and
pcrsuaIg the pubic thai Eis invention WAS usenl;
after he had established i.s great utilty and value,
and "when Ills geiliu, anu patient perseverance, IN
spite of sncer- and scolr,n were completely sue.
ces-ful, that Iced, who had Dcioie made expert.
ments on the same sunl,st, and wns Unsuccessful,
imagined thai he ad the ncst .i.ln 80 the
after purchasing one Cvsnplnlnaut's tor
pedUIs. he applied On tlc lst of Nov, mber, 1877,
for patent for suIst,i, TALLY the same ct,nluu
tiUns vi devices and athiic Contained in comp ain.
auts patent. On the 10th Oi the saiac month The
Respondents formed themselves into u coui,.iy or
CORPORATION ca'it.i The Heed lUrpeao Company"
for the purpose of pirating the cUiiip,an.uts In.
vention, ahd Supporting the expense III litigation,
AID thus defIuuu him IL the irts. They have DC.
severed, even amer the pre.i"inry Injunction very
properly granted by tile DisirIct Judke.
Let II cree he entered for complainant for q per
petunl INJUNCTION, aid Master nyjaiuted 10 luke
an accouns according to 'ne prayer q the bill.
H. L. GklhR, Judge
NorE.-The passage referred to by Judge t;rier In
his former decision, 3 ai'ac., y 299 adopted as
app ic4bie 10 this cise was as follows:
'It IL u.uaiiy the cusc, when any valuable di.cuv
cry IL nude, Or any new inacine Of great ui ity IL
Invented, that the aitentiOn Of The public ll, he,D
turned tO that subject previously, and that ma. v
persOus have been making Researches aud exut ri
ments. PHILOSOPHERS atiu nleclaniciais ulAv ay,
III souis anticipated in their ~ cli atiuns
.Ae possibility or prUlbil.Iy Of such discovery or
invention; many experiments have btsu siiccussfu.
ly tlled, coming xeiy ncnr yet failing shurt at the
0esfed result. They have produced nolliiny benz,
hcial The invention whe.. pcricctcd may truiy he
sid to bo the eliminating point o, many exuc,i.
mei, I, mt ON by the inventor. hut by many 9TH.
Urs. 'e may nav. rroited indirectly bv the nn-,ic-
cessfu experiments and failures of Uther-, but II
gives them no right to cia IN share OF the hC nor uI
the profit of the successful inventor II /, when
speculation has been rednc. tU practice when eA-
discovery has been perfected 10y patient anu coniin.
urd experiments When some ncv cpmpu.,nd, art,
manufacture, or E,aciIiiic has been thu pr, r,ducr,i
which is useful to the public that the party making /,
berOIncs apublic O,niaIt tor and entitled 10 pu eut
"And yet when genius and patient perseverance.
have NJ length succeeded, In s,i.e of sn-er. ANA
-cOffs, some viluab. invention ur disco 'ery how
seldom is IL followed by reward Envy iobs hin,
Of the honor, me s,,eculaOrs, swlnde g. and nj.
rar.s rob him "f the profits. Every unsuccessful
experinr'ner wilV did Ur did or did hot come v,ry
near making ~ discovery now claims II. Every ous
who can invent an Improvement or vary its form
claims right Ia pirate the original discovery. We
need not SUMMON. Morse Or Blanchard. or Wood.
worth to prove that thi- IL the usual history Of eve
ry great discovery Ur invention.
"rhe Present case slds another chapter to this
long and uniform hist9ry.h-2 sllucs, Z. Z Es-
ports p. 2S2