The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1871-03-15
aOBERTS' PETROLEUM TORP EDO.
aOBERTS PETROLEUM TORP EDO.
TOEP lL!OOES.
THE ROB ERTS
PETROLEUM T0RpED0 ca.
office ut the
RAD sLANlNG S1lth.
Corner OF Pino aud second >sre..s.
Near the HalirOaa,.
TITUSVILLE, Pa.

Owing to the large and increasing demand for the
Roberts Torpedoes, and the iA.e ,iecisivn OF the
Commissioner Of pateits In refusing to VIM. d-ed
patent. and the decisi n Of Judge H. Y Gner sus
aiuing the Roberts pltent they nave LOW Erred
the price Of their 1orpedo,s
TWENTY PER CENT.
40 that every Operator can afford ~ try o Torpedo
before abandoning Well.
The following Ia the decision rendered by judge
Gricr ou the twenty-second (22) day of September
ist. in the United states Circuit Court at Phlade'
pnia: The case was argued three days by Charles
NJ. Keller Of New York, b. y Lucas and 5. A. rur.
vance Of Pittsburgh, for defendants, and George
Harding Of Philadelphia, and George II. Chrisly, VI
Pittsburgh, for plaintiff.
OPINION OF JUDGE GRIER
As write with difficulty can only state .he cor
illusions 10 which my mind has come afver careIu
examination Of this case.
25th Of April ISIS. This Is prlma face evidence vi
good title aud puts on the respondents the bur.
den Of pro,f that the patent is vo.a or worthless.
year vs. Da, IL Wall, z. G. kop; 12y,) but now
adopt them sffordns rule oi decision which Al.
pics clearly 10 the present Case.
As the inlringsnent Of the patent is sdmi, ted,
plainsn's patent Of April u, 1858.
ut was after speculation had been reduced to
praci ice, aud after repeated experiments, that the
comp ainat succeeded in overcoming he prpjucice
and ignorance OF tine people ON tile subject, and
persuadng the public that his invention was useiuI:
after he had established Its great utility and value
spite OF sncers and scoils," were completely auc.
ces-ful, tnat Reed, VITO had before made expert.
menls IN the same suDle.t, and was unsuccessful,
imagined that lie had the best right 10 invention
au alter purchasing one or more con nliit Tor
pedoes. he applied On the LIST OF November, 1867,
for patent for substantially the same cuinbina
ti0ns VI devices aud aciuc contsintdin In complain.
ants patent On tile 10th OF the game lnunin thp
e.isnd .i,l. formed themselves into company or
cof,,vralion called 'IGc Heed Torpedo Company, -
for the purpose Of piratlng the cu,nplaina,.s In.
ventoi, aua sliPporlinS tl.e expense n litigation,
and thus deffaud him Of the r,lts They have pe;
severed, even after the pre- imIury INJUNCTION very
properly grante'i by tae District Judge
Let decree be entered for complainant for per.
petual injunction. and duster appointed 10 take
| All ACCOUNT according to The prayer OF the bill
Il. 1. 1klEk, Judge.
NorE-The passage referred to bv judge Grier in
his former ycis'Un, 8 Wallace, p. 2yy alupled M
app icabie to this cts. was rs follows:
"lt il usually lc case, when any valuable dtcoy.
cry Is made, VI amy new iachiue Of gr,at unity il
Invented, tEat tue attention of the public has been
turned TO that subject previously, aud iiat mary
PERSONS nave been making researches and exp.ri.
meuis. ih'lcs1pners aud nlechancians may i,aye
v, some measure anticipated in their sp.clatolla
possibility or prOhahllity Of aueh discovery or
inventions; many experiments have bee. successful.
y tiled, coming yeiy near yet falling short ui the
tc-ired result. They have produced nothing bene.
iclal. The invention ~hor perfected may truly he
said to be the eliminating point oi many exi,eri.
men = not only by the inventor, hut by many 9th.
Urs. lie may haw profitsd indirectly by the nnslc
csssfu experiments and failures of Others, but il
give, them no right to CLAIM a share OF the hcnor OF
the prom of the successful inventor IL il when
speculation has been reduced to practice, when ex.
pertinent ha resulted IN discovery and when TINT
discovery has been perfected by patient ana contn
ued experiments, when some new compound, art,
manuiucture, or mlchiue has been Thu. produced
whicn Is Useful to the public, that the party making II
be.omes apublic oeneiact0r and entitled to pasnt
"And yet when genius and patient perseverance,
have at length succeeded, in spite of snpers and
.cons, some valuable invention or discovery, how
seldom 10 IL followed By reward Envy robs him
Of tine honor, hiie speculators swihdleis g. and nj
rates rob him Of the profits. Every unsuccessful
experimenter wla did or did or did not come ypry
near making discovery now claims 1t. Every ons
who can invent an Improvement or vary its form,
claims right to pirate the original discovery We
need not summons Morse, or Blanchard, or Wood
worth to prove that this Is the usual history of eve
~ great discOvery or invention.
"'rlie present case a0ds another chapter to this
long and uniform history."-2 Wallace, Z. = Ike,
ports p. s92