The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1871-01-27
soBERTy PRTRsLEUM TORPEDO.
EORP EI)OES.
TlIE: NVHERTs
PETROLEUM ToasEnO co.
Office at The
K1D PLANlNG MILL,
Corner OF Pine aud second streets,
Near the HatirOad,) a
TITUSVILLE, PA. -
SOBERTy PRTReLEUM TORPEDO.

Owing 10 the large and increasing demand for the
Roberts TorpetJes, aud the iale decision " the
Commissioner Of PatciIts IN refusing to VIM. Reed
patent. and the decision Of Judge II. Z. Gicr sus
iaining the ltobsrIs pahrnt they have LOW EitkD
the price OF their Torpedoes
..rTENr RI. PER CENT.
40 that every Operator can afford To- try Torpedo
before abandoning Well
The following is the decision rendered by Judge
Grier on the twenty second Try day of September.
lSss in the United States Circuit Court at Pnlade
phia. The case was argued three days by Charles
NJ. Keller OF New York, Is. Y. Lucas and :. A. I'ur.
viauce OF Pittsburgh, for defendants, and George
Harding Of PhiadeIphia, and George Il. thirsty, VI
Pittsburgh, for plaintiff.
OPINION OF JUDGE GRIER.
As write with difficulty can only state the con
illusions to which my mind has come after careful
The com, ,lainaut has exhibited q patent dated
25h OF April, lSC5. This Is prima facip evidence of
. good title, and puts on the respondents the bur
den Of prof that the patent is void or worthless
need not repeat my remarks in the case of Good
year Va. Day IL Wall, c. c. Rep; 22g,l bat now
adopt them as afiording rule OF decision Which an,
pics clearly to int present case.
As the infringement Of the patent 10 sdm; ted
the onl, question will be as to the validity of co,a
plainan's patent OF April 25, ls5S.
III was after speculation had been reduced to
practice" aud after repeated experiments that the
complainant succeeded in overcoming he nr,indre
aud ignorance Of the people on the subject, and
persutdiDg the public that his invention was useiul;
Iter ne had established its great utility and value
and ''when his genius and patient perseverance, IN
spite Of sncers and scOfis," were ton,n.telv s-c
cessful, that Reed, who had before made exnar;
men's on tne same suijest, and was unsuccessful
imagined that he had the best right to tue lnyeniun
81 after purchasing one OF more Complainant. Tor
pedoes he applied on the LIST OF November lst;1
TOR patent for substantially tho same comhina
tiOns VI devices and aChinc contained in comnlnin
ants patent. On the 18th OF the same month th,.
respondents formed themselves into a coInp,ny or
corporation called "rne Reed Torpedo Coinptny. y
LOT me purpose OF pratins the cUmplainans in.
ventlon auu supporting the expense of litigation.
and thus defraud hin, of the fruits. They hive ne.
severed, even after the preliminary injunction very
properly grdntei by the District Judge.
Let q, cree be entered for complainant for n nor
petual injunction. and MISTER appointed 10 fake
an account according to the PRAYER of the BILL
.-.-. H. Z. GRIER, Judge.
,Nors-The passage referred to BY Judge Grier in
his former decis'on Wallace, p. 800 sdopted as
app icabie to this case was us follows:
ut Is usually the case, when any valuable d; .coy
cry is made, or any new machine of great n ty l.
Invented, that thea'tentiOn Of the public ha, been
turned to that subject previously, and thar ma, y
persons have BEEN making researches apd expert
nen,s, philosophers anu niechanicians may have
10 some measure anticipated in their speculation.
the possibility or probability of sueh discovery O,
invention; many experiments have beer successfnl.
thiea, coming ysry near. yet falling short OF the
desired result. They have produced nothing beue.
hcial, The invention whe, perfected NAV frulv he
said to be the eliminating point OF MANY experi
men 9, not only by the inventor, hut by MANY 9TH
ors. tie may hav. prnfited indirectly by the i,nsn
ceasiul experiments and failures Of others, but il
gives them no right to cam share OF the he nor OF
the profit or the successful inventor Ii is when
speculation has been reduced to practice, when ex
pertinent has resulted IN discovery and when tia,
discovery has been perfected by patient ana contn
ued experiments when some new compound. art
manufacture. or machine has been Thu. produced
which Is useful to the public that the party making
becomes apublc bcnciactor and entitled to DaI ent
sand yet when genius aud patti, mt perreyeranc,
have at length succeeded, in spite of snrers anc
SCOTS, some valuable invention or disco"ery, how
seldom Is II followed by reward Envy robs hin
Of the honor, whine speculators, swpdle,s. and nj
rates rob him Of the profits. Every un,nccessili
experimen'er who did or did or did not come v,r,
near nlsking discovery now claims il, Eyery on
who can invent an Improvement or vary its iurm
claims right to pirate the original discovery. w
need not summons Morse, or blanchard or Wood
worth to prove tnat this is the usual history of nv,
ry great discovery or invention.
"The present case nods another chapter to thi
long and uniform history."-2 Wallace, c. q. Ke
ports p. 2s2