The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1871-01-20
nonhRTs FETA@LNuN roRFNao-

: - 20 %
sOBERTs' PETh@LNuN rORPEDo
/ ---------------.----
FORP EDOlS.
/ THE ROBERTS
PETROLEUM TaRrEDS ca.
Office at the
|'n ssD pLANlsG MILL,
Corner of Pine and Second Sircofs,
Near the Ratirbad,)
TITUSVILLE, Pa. ::
Owing TO the large and Increasing demand for the
Roberts Torieioes, and the lstc decision of tao
Commissioner of Pateots il refusing to Wm. Reed
patent AID the decision OF judge a. &. ,-iier
tainin, the Roberts patsn; they nave Low EKEp
the price of their Torpcdots
TWENTY. PER CENT.
So that every Operator can afford 10 try q Torpedo
| before abandoning Wen.
lhe following is the decision rendered by Judre
Sricr on the twertysccond (22) day OF September,
1852, in the United States Circuit Court at Phace
Phia: The case was argued three days by Charles
NJ. Keller Of New York, b. r. Lucas and :. A. pur
Vance of Pittsburgh, for defendants and George
Harding of Philadelphia, and George H. Chriety, Of
fiitsturgh, for plaintiff
OPINION OF JUDGE GRIER.
As write with difficulty can only state .hc con
illusions 10 which my mind has come after Il careii
examination of this case
The complainant has exhibited a patent dated
18th Of April 1865. This is prima acie evidence of
a good title. and puts on the respondents the bur
dcn OF PROOF that the patent is void or worthless
neci not repeat myremarks i'll the case of Good
yelr Va. Day Il Wall, c. G. Rep; ..9l bat now
adopt them as a.lording rule o decision which mi,
plies clearly to the present case.
IA the Infringement of the patent is admitted
the only question will bc as to the validity ni conn
pninau's patent of April 1ls5S.
Iii was after speculation had been reduced To
praciicc and aiter repeated experiments. that the
complainant succeeded in overcoming he preiuare
6ud Ignorance of the people On the subject. and
pcrsuading the public that his invention was nscml.
afer he had established its great utility and y.lna
sna lien il,s seis ana patient perseverance, IN
cessfu that Reed who had before made. exneri
mems on thc same sIbicct, and was unsuccessful,
ln,'ed Una! ne mad the best righ, the inycnlon
ard ater purchasing one of more conplainat's ,or
pei0es. he applied on the LIST OF November fs,.
for patent for Substantially the same cunlina
tons Oh devices and achiae contained in complain
ANS pa'ent. On INC 1otn OF the same month the
respondents formed themselves into n con'nany ~,
corporation called "The Reed Toypedp Cuian1nv !,
lor tie purpose OF pirating the conplainani's in
. sa,S , 'I,ao tne expense oi litgntion
severed, even after the preliminary Injunction yerv
properly eantet by the District Judge.
Lei ere. be entered frcomplainant for per-
potCal Injunction. and Master ;ippointea TO tnte
All account according TO the prlyer of the bill,
~, o-,>rv II. Z. GRlEa, Judge.
NorE.-Tbe passage referred to by .!udre G,ier in
his former decision, 3 Wallace, d. 900 nionted aa
app icabie to rhis case was as follows: 80
~ Is usually the case when any valuable di.cov
cry sae, or any new maeane Of great nj ity is
H.. I In T. rf.
turned 10 that subject previously, and thar ,n,,,v
persons have hetn making researches md ern.ri
menis' Philosophers ana mechlniclans inag Inve
III some measure anticipated in their sncnl,,;crs
the possibility or PROBABILITY of such di,covrrv nr
invention; many experiments lave beet sllccnssf,,.
y urea, coming vory near. yet falling short of tie
ueslted resui'. Incy nave produced nothing bene-
aclal: Inc Invention whe. perfected NAV irniy he
s'id TO be the eliminating POINT OF MANY e.;1ari
men hlt ony ny the inventOr, but by lnany uth-
oFs. ,ie may hHV. rolte indirectly by the iluslc.
ce,s1ul experiment and failures Of ciller, bIt il
gives tAe 10 right to am shire of fbe hcnor or
ne profit OF The successful inventor n il when
speculation las been reduced to practice, when ex
perrin MT Ia, resulted In discoyery amt VI, . n,
discovery has been perfected lv Dnticnt ,n, .o,tin
ucd experiments when some new comnurua arr
Ina1uinetu-e, OF .Daemac has .heen fbtt- nrc1rcej
"hon Is useiulto pubic that The party a,ins II
becomes apubc beneiactor and anitleu ia n ,,arer.
"and yet when genius and patient uerscveranrr.
have At length succeeded, in spite Of sneers and
scoa'' some yalnabls Invention Or cisco"ery, how
''pH % IL io'ioN Ga u. reward Envy rohS him
Of the honor, while s1cculn,ors swind Z q, and ui
rates rob 'lIn of the piult.. Every unsuccessful
eAporinenter who did or did or did not come very
near making discovery now claims II. Every ona
wiio can invent AL Improvement or vary its iorlo
claims right 70 lIrare the ORIGINAL discovery We
need not aummop N orse, or Blanchard or Wood
worth to prove that tns is the usual history of eve
ry great discovery or invention.
''rhe present case ADDS another chapter to this
long and uniform history."-2 Wallace, C. 4. Xe
ports p. 299.