The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1871-04-11
..O1ENTS' PETROLEUM TORPECU


THE ROBERTS
PETROLEUM T0RPED0 co.
office at the
RAD pLANING MILL,
Corner OF pine and second streets,
Near the RSatlrOadO
TITUSVILLE, Pa.
Owing 70 the large and increasing demand for the
R0berts' Torpedoes, and the late decision oI tn.
Commissioner Of Pstcuts Ia refusing to i'm. fecd
tainiug the kOOerts' putent they nave IN" HiNHD
the price Of their Torpedoes
.TwBNrI. PER CENT.
90 that every Operator can afford touy Torpedo
before abandoning Well
The following IL the decision rendered by Judge
Grier on the twenty yscccn1 (13) oay OF september,
1851 in the United States Circuit Court at Philade
mia The case was argued three days by Charles
ii Keller of New York, b. Y. Lucas and :. A. Pur
vance of Pittsburgh, for defendants, and George
Harding Of Philadelphia, and George H. Christy, vi
Pittsburgh, for pla'ntif.
OPINION OF JUDGE GltIER.
As II write with iin'cnty can only state the cor
clusions to which my mind has come alter careiu
examination of this case.
Th com iuiuaut has exhibited u patent dated
2,tn of April, 1870. This |. prma iace evidence nj
a good title, and puts on the respondents The bur
den of proof that the patent Is VOID or worthless
/ neei not repeat MY reiiaI.s IN the case of Good
year VI. Da, q Wall, &. I. kei; .29,) bat now
adopt then, a!iordins a rule o. decision Which ap-
pics clearly 10 tac pi esent cise.
As the Infringement oi the patent u "nnted,
the onl, question will be as 10 the validity oi con-
painuii,s patent OF April -, lsoS.
..lt WAS after speculation had been reduced to
a H. fl.Tt
Complainant succeeded i'll overcoming he prejudice
and ignorance of the people on thu subject, and
pers,iadg the public thai his invention was usei!;
after he had established its great u!iity and vallie,
and ~ hen his genus aid patient perseverance, In
spite of snuer> and scOts, were completely sue
ces .ful that l.eed, who had uelrre made expert
meut. nn the same subject. and WAS Unsuccessful,
imagined that had the best right to te invention,
a. d after purchasing more Cuinpiainat- tor
p.oous hc Applied On the 1st ot November, 1851,
ior patent for substantially the same con,sina
tj,lf of devices and uihine contained IN complain
aut's patent. On the 10th Oi the same month the
respondents formed themselves into company on
corporation called "rhe Reed Torpedo Company
for the purpose of pirating the cUihpainahts IN
ycntioii ana supportiu the expense vi litigation,
and thu, de,.sud him Of the fruits. They have pee
severed, alter The preliminary injunction very
properly grIntsi by TIE Dis,nct Judge.
Let Il d ere; he entered for complainant for per
petuai INJUNCTION, aud d"st,l appointed 10 take
Al account according 10 the prayer OF The bill
H. I. GRiER, Judge.
NorE.-Thc passage referred to bv Judge Grier in
his former decision. 3 Wallace, p. 800 adopted as
| applicable to this ,usc was ms follows:
It is usually the case, when any valuable discov
cry is nade or any new mac line Of great uiity II
Invented that the ca,tentiOn of the public has been
turned to that subject previously, and that may
| persons have been making Researches and expert
nleuts Philosophers anu IiechaIcians may have
III some measure anticipated IN their specu'ations
| lie possibility or probability of sneh discovery
invention; many experiments nave beer SUCCESSFUL
IN led coming very near yet falling short Of the
desired result. They have produced nothing henc-
fcal The invention wte, perfected may truly he
said to he the culmnaling point OF many expert
mon s. not on y by the inventor, but by many 9th.
or. ,ie may hav, proited indrcclly nv the uns,lc
cc4sr,l experiment. and failures of Others. but Il
t q. them no right to share oil the he nor OF
tie profit of the successful inventor II il when
specula ion has been reduced to practice when OK
p,riment I,u. resulted in discovery and wheli thai
discovery la. been perfected Dy patient ana contin
ued exprrlments wneu some new compound art,
manufacture, ar maGnine has been I'm produced
vii un /, useful to epubic, that the party making il
becomes apllblic beneinCt0r and entitled to patent
sand vet when genius aud patti, III perseverance,
have at length succeeded in spite of sIi.erS and
-coifs some valuable invention or discovery, how
seldom il il followed by reward Euvy robS lin
of the honor, while speculaiOrs swindles, aud pi-
rates rub him of the profits. Every unsuccessful
exi,srincn,er who did or did or did not come very
near making discovery now claims II. Every one
who can invent an Improvement or vary its form,
claims right tu pirate the original discovery. We
need not summons Morse or Blanchard. Wood
worth to prve that this Is the usual history Of
~ great discovery Or invention.
"ihe present case acds another chapter to this
long und uniform hlstory."-2 Wallace, Z. Ne-
ports p 292