The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1872-02-26
ROBERTS PETROLEUM TORPEDO
TORPEDOES.
THE ROBERTS
PETROLEUM TuRpIDu co.
Office at the
RED PLANNING MILL,
Cor or Of Pine and second streets,
Near tho RailrOad,)
TITUsVILLK, PA.


Owing TO the large and increasing demand for the
Roberts Torpedoes, and the late aecision Of the
Of Patents In refusing TO VIM. Reed
patent. and the decision Of Judge p. Y. Gaer sus-
taining the Roberta patent they hsvs LOWERED
the price Of their Torpedoes
TWENTY PER CENT
20 that every Operator can afford " try Torpedo
before abandoning Well.
The following 10 the decision rendered By Judge
Grcr on the twenty-second (22) day of September,
1867 in the United States Circuit Court at Phllade.
phia. The case was argued three days by Charles
NJ Keller Of New York, b. y Lucas and S; A. Pur-
vance of Pittsburgh. for defendants, and George
Harding Of Philadelphia, and George Il. Chrisy, ..
Pittsburgh, for plaintiff
q OPINION OF JUDGE GRIER
As write with difficulty can only state the con
cusions to which my mind has come after earetn.
The complainant has exhibited n patent dated
25th Of April, 1866. This IL prlma facie evidence
a good title, and puts on the respondents the bur
den OF proof that the patent Is void Or worthless.
l neea not repeat my remarks in the case Of Good
year vs.. Day avail, Z. G. Rep; Z.y) but now
adopt them rs affOrdng rule OF decision which ap-
plies clearly 10 the present case.
As the Infringement Of the patent 10 admitted,
the only question will be as to the validity Of com
painanis patent Of April q. 1853.
"i was after speculation adbcen reduced to
practice" and after repeated experiments that IN
Complainant succeeded in over coming the prejudice
and ignorance of the people on the subject, and
persliaIng the public that his invention was us,in
after lie had established Its great utility and value
and "when his genius and patient perseverance, in
spite o sneers anu scoffs,' were completely shc
e.siul, that Reed, who had before made exper-
m,ns ON the same subject and was Wi-ucc tslu,
aud after purchasing one or more complainant stur
peQoes, he applied on the lst of November, isbi,
tor a patent for substantially the same comblla-
tons OF devic,s and machine contained in complain,
ants patent; On the 18th Of the same month the
| t,tlf cd
| corr poration called "lhe Iced Torpedo ComIany,
( the purpose OF prating the con'plIihah, III
vention, aud supporting the expensee OF tlgaton,'
and thus dciraud him Of the fruits. They have per
sel we'd, even after the prel.nisry injunctiCn Neiy
properly granted by tit I,islric' Judge
Let u degree be enterd for conf lninai for per,
petual injunct and Master, appointe to take
IN account ac, oldnyiy tO the payer Of the biIl'
| IH| h. {. GKlER, Juds'.
NorE.-The passage referred to by Judge Grlsr IL IL
his former decision, Wallace, P. .ss adopted ~
| APP icabIe to this case was as follows:
"It Is usually the case, when any valuable d'cov'
cry IL made or any new machine Of great uIility is
Invented, that the attention of the public has be,h
turned to that subject previously, and that mary
| persons have been making researches and expert
| neuts. Philosophers ana mechanicians may haNc
III some MEASURE anticipated IN their speen'a,ions
.he possibility or prohaoihty Of sueh oisco.i! 81 ~
invention; m,,ny experiments have beel successful
y tiied. coming very near. yet falling shofI VI lnc
dcsil.d result. They have produced nothing 9ent,
fcai The invention WHEEL perfected may un!
said to be the eliminating point oi MANY eAFer
mems, not only by the inventor. bnt by man! ON
ors. lie may hav. proted indirectly by the nn,"i @ -
ce=-ful experiments and failures OF others, ou.
gives them no riuht to clam share of the hchot VI
TIE profit OF the successful inventor IL II VIM
speculation has been reduced ~ practlce' shen S
pertinent ha- resulted in discovery and When ,',"'
discovery has been perfected by patient ana .1h, "a,
red EXPERIMENTS when some new compound al 3.
ranulacure or machine has been thus prCa.neeai .n'i
witch is userulto epublicthat the party masSa
becomes apublic benefactor and entitedto pauna
"And yet when genius and patient per'e.ei",,1sS a,,s
have at length succeeded, In spite Of sn.sls how
SCOTS some valuable invention or discoery, hGm ;
seldom is il followed by reward Envy iols n,G NJ
Of the honor, whine speculstors swlndels ama
fat.s rob him OF the profits. Every un.nccess," rv
exTermeni.r who did or did or did not come 'ers ns
near making discovery now claims II. E.u T., ARM
who can invent all Improvement or vary lls ",a We
claims a right to pirate the original discovery r d
need not summons Morse, or Blanchau, y, ~ ave
worth 10 prove tnt this IL the usual history VI e''
ry great discovery or invention. =, ,h;.
"The present case sods anotner cnap'1.', =, Ike
5 long and uniform history."-2 Wallacsi " '''
ports y. ~