The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1872-02-29

THE ROBERTS
PETROLEUM TORPEDO 60.
Office at the
RED PLANNING MILL
Cor Or OF PirSe and Second Street,.
Near the RallrOadJ
TITusv1LIE, PA.
Owing 70 the large and increasing demand for the
Roberts, Torpedoes, and the late decision Of ~
Of Patents In refusing to VIM. Reed
pate1t, and the decision Of Judge H. C. (ilier srs
aiming the Roberts patent they hare LOWEkRD
he price Of their Torpedoes
TWENTY PER CENT.
70 that every Operator can afford 10 try o Tonedo
before abandoning Well
The following is the decision rendered by Judc.
Grier on the twenty ysecond (22l day Of September.
1863, in the United States Circuit Court at Philade
phia. The case was argued three days by Charlie,
n. Kellet Of New York, u. y. Lucas and 8. A. Pur.
viauce of Pittsburgh, for defendants, and Ceorce
Harding Of Philadelphia, and George Il. Chrisiy. .,
Pittsburgh, for plaintiff.
"a OPINION Of JUDGE GRIER
As 1 write with difficulty can oily stat. the cor
clusions to which my mind has come after careiu.
examination Of this case.
The complainant has exhibited a patent dated
25th Of April 1855. This is prma face evidsnce o.
good title, aud puts on the respondents the bur
den Of proof that the pasent Is void or worthless.
need NOT repeat my remarks in the case Of Good
year VI. Dsy e Wall c. c. Rep 229,) but now
adopt them as aflOrdng rule OF decision which ap
plies clearly to the present case.
As the infringement of the patent is admitted,
the only question will be as to the validity Of CON-
plainants patent Of April 25, 1858.
IL was after speculation had been reduce3to
practice" and after repeated experiments. thst tn
complainant succeeded in over coming the prejudice
and iguorsnce Of the people on tie subject and
persuading- public that his invention was ustu
after he had established It's great utility and valul
and "when hls genius and patient perseverance, ~
spite o. sneers and sccas, were completely sut
ments on the same subject and was unsucceestal
4nd after burchasing one or more compainautsto;
ped0ss, he applied on the lst Of November, lS,
Tor q patent for substantially the came combls
tons Uf devic,s and machine nlainei in complain,
ante patent; On the 18th of the came month ,bs
respondents formed tn smse Ives into company ur
cor, oration called "1he Heed Torpedo COmpany,
I, r the purpose Of pirating the conplainantsi $ in
yention, and supporting the sxpsnses S Of litigation
seiveA even amer the prelimary injuhcton yGy
properly granted by tie district Judge:
Let degree be entered for conf lamar for per-
pstual injun CtOn; and Master, appoiaie 70 take
r. G. GKlEK, Judge.
NorE.-The passage referred TO bv Judge Gner IN
E}s former decision, y Wallace, p. 2s9 adopted IS
Applicable to this case was ~ follows:
at is usually the case, when any valuable dlssos
err IL made, or any new machine of great utility
In tented, that the attention Of the public has oel
turned to that subject previously, and that nalr
| persons have beeH making researches and exPtI'
ments. Philosophers and mechancians may nave
IN some measure anticipated in their speeuahohs
she possibility or probability of such discovery o.
invention; many experiments have been svccessI.
ly tiled, coming very near. yet falling shGt q .le
desired result. They have produced nothing Gtlt
| fsia. The invention wheL perfected may uu! y
aid to be the culmibaiing iNint of manv expei'
tien g. not only by the inventor. but by many ola'
Oh. lie may have pr0ited Indirectly BY the nn.u; M
| csssful experiments and failures OF Others, Du
| Gives then, NO right to clam share ottbe henct
the profit OF the successful inventor II Is wnsl
spec ulation has been reduced TO practice, whel e.
pertinent has resulted In discovery. and wheh ".
discovery has been perfected by patient anu cum y.
ued experiments, when some new c9mpouluS' ,,NSucsl
manufacture, or machine has been thus prGG;ss. p;uS.
which Is useful to epubc, hat the psrty nuss
becomes public benefactOr and entitleoto pa,.
sand yet when genius and patient perse,e'na .nj /
have at length succe cded, IN spite OF tnees hoy
SCOTS, some valuable inventiono or disco'ely III" Sr
seldom is II followed by reward Envy rous MI
Of the honor, hiis spectators, swindlers, and p
rates rob him of the profits Every un.acee, ss,1
experimentet who did or did or did no' cTn, srv o
near making . discovery now claims II. Ese s.1 ,,n
who can invest an Improvement or vary u. "'g,
claims right to pirate tie ORIGINAL discovery
need not sumrlons Morse, or Blanchara, VI " @ ~
worth to provethat this lie the usual his'of! VI Wv
~ great discovery or invention; ,,, IN ,y,|
'n7Ihe prssent case ADDS another chaptc, 10 W W.
7 long and uniform history. wsllace'l u
ports p. ~