The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1872-02-14

6OBG6TS fGTBO1EU4 TOhPRDN n
TORPEDOES.
THE ROBERTS
PETROLEUM TORPEDO CO.
Office at the
RED PLANNING MILL
Cor or OF Pine and Second streets..
Near tho RatlrOadO
T1TUsV1LLE, PA.
Owing to the large and increasing demand for the
Commissioner Of Patents in refusing 10 VIM. RceS
patent. and the decision Of Judge h. e. Oier ana
talning the Roberts' patent they have LOWERED
tho price Of their Torpedoes
TWENTY PER GENT.
50 that every Operator can Afford " try q rop.do
before abandoning . Well
The following 10 the decision rendered BY ind.
Grier ou the twsnty.second lS2) day Of sspt.mSsf,
1857 in the United States Circuit Court at Phladsl
phia. The case was argued three days by Charles
ii. Keller Of New York, y. y. Lucau and s. A. Pr.
viancs Of Pittsburgh. for defendauts and Geofre
Harding Of Philadelphia, and George Il. Chrisy, 3.
Pittsburgh, for plaintiff.
OPINION OF JUDGE GRIER
A. write with difficulty can only state the Co,
clusions to which my mind has come after carsfu.
examination Of this case
The complainant has exhibited . patent dated
25th Of April, 1865 Th. is prima f.cie evidence OF
good title, and puts on the respondents the bur
den of proof that the patent Is void or worthless.
/ need not repeat my remarks in the case Of Good.
year vs.. Day t2 Wall, c. c. Rep; 229,) but row
plies clearly to the present case.
As the infringement Of the patent is admitted, !
the only question will be as to the validity of com
plainants patent Of April Is, 1858.
practice" and after repeated experiments. ihst tn
complainant succeeded in over coming the prejudice
| and ignorance of the people on the subject, and
persuauing the public that his invention was ustu
after he had established its great utility and valus
and when his genius and patient perseverance, In
spite OF sneers and scoifs, were completely soc
CO. sful, that Heed, who had before made eIperi.
ments on the same subject and was unsuc ceesful
and after burchasing one or more complainsutstor
pedoes, he applied on the Let ofNovember, 1851,
for Q patent for substantially the same combins.
tons Of dsvic, and machine contained in complaint
ants patent; On the 18th Of the same month the
respondents formed themse Ives Into company or
cor, grafton called "1he Reed Torpedo Company
for the purpose Of piratng the complainant In
vention, and supporting the expensee OF litigation,
and thus defraud him Of the fruits. They have pei
served, even amer the prelimary injunction ver7
properly granted by tie district Judge:
Let degree be eAterod for comI sinart for aper'
petual injun CtiOD; and Master, appOinte . Ake
account accordingly TO The payer YHk q k,hba nas,
NorE.-The passage referred to By Judge Grer In
his former decfs on, Wallace, p. 299, adopted %
applicable TO this case was as follows:
at Is usually the case when any valuable oleeov
NJ. ma N n
invented, that the attention of the public has oetl
turned to that subject previously, and that many
persons have been making researches and expert
| ments. Philosophers and mechanicians may asss
| 10 some measure anticipated In their speeuanons
the possibility or probability Of such discovery o.
| invention; many experiments have been successful
y tiled, coming very near. yet falling short ot lne
desired result. They have produced nothing 6ene'
Acial. The invention when perfected may truly.
said to be the eliminating point OF many eArLr vi.
mon 8, not only by the inventor. but by many ON
ors. lie may have prOtted indirectly by inc qn.u;
cessful experiments and failures OF Others, on. .; \
| the profit OF the successful inventor II is WHEN
speculation has been reduced to practice xnsn s S
pertinent has resulted In discovery. and wheh a ,aa'
discovery has been perfected by patient anu eSn, ~.
usd experiments, when some new compound ~,
manufacture, or machine has been thus plVuuee,u,
which 10 useful to public, that the party
becomes apublc benefactor and enttleoto
Sand yet when genius and patient peise,'d p"a.. and
have at length succeeded, In spite OF sneels " .u
SCOTS, some valuable invention or discovery, hIm v,
seldom IL Il followed by reward Envy foOs Nh NJ
Of the honor, whine speculators, swindles aa ri
rates rob him OF the profits. Every unsocsss ss,y
expermentsr who did or did or did not come ,m, en
near making discovery now claims It, Evefy ;,w ur'
who can invent an Improvement or vary ns wv, We
claims right to pirate the original discovery ywoos
| need not summons Morse, or Blanchaia, VI :" sys
worth to prove that this is the usual history" '"
| ry great discovery or invention: a. M,
"The pres, mt case sdds another cnaptnn y \, 4,
long and uniform history."-2 WsllscsI v !"
ports p. ""