The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1872-02-20

soBERTs PETRoLEuM TORPEDO G
TORPEDOES
THE ROBERTS a
PETaeIEvM TORPEDO CO,
Office at the
RED planning NILE
cof o. of Pine and second stre.,.
Near the RatlroadJ
TITUsV1LLE PA.
Owing 70 the large and increasing demand forth.
Roberts Torpedoes and the late decision oS ~ ~
Commissioner Of Patents In refusing to WIN. Reed
talning the Roberts' pstent they have LOWEREb
the price Of their Torpedoes
TWENTY PER CENT.
before abandoning Well.
The following is the decision rendered by Undo.
0rier on the wentyeecond (22) day OF esptsmissr.
1859, In the United States Circuit Court Il Philsd..
Phis; The case was argued three days by Charlie,
viancs Of Pittsburgh, for defendants, and Csorc.
Harding Of Philadephla, and George H. Chrisy, is. :
Httsburgh, for plaintiff.
OPINION OF JUDGE GRIER
Al write with difficulty can only s,at. the Con
clusion. to which my mind has come after carsiu.
The complainant has exhibited a patent dated
18th Of April, 1855. This Is prima facie evidence OF
Q good Ntle, aud puts on the respondents the bur
den Of proof thai the patent Is void or worthless
4 mats ,urL,
year W. Day q Wall, q Kop ~ s1 ~ SS. 0SSS now
adopt them as sffordng 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 or com
plainanls patent Of April Is, 1858.
II was after speculation had been reducedtO
practice and after repeated experiments. that tn
complainant succeeded In over coming the prejudice
and ignorance Of the people on he subject, and
persuading the public that his in,,. on was us,fu
after he had established its great ,ity and vsne
and when his genius and patient perssvespcs, in
spite O. snseIs .t & snu seoits were completely sue
ments on the same subject and was ulsucctesia5
and after purchasing one Or more compla anaut's to;
pedOse, he applied on the Let Of November, 1851,
for patent for substantially the same combina.
tons 81 devic, and machine con aine in complain;
ants patent; On the 18th Of the same uonih The
respondents formed themse Ives into company or
cor, Grafton called "1hs Feed Torpedo [ ON, sny.
vension, % and supporting the .ap,usee I Il tlsa,ios
and thus deiraud him Of the fruits. They have pei
served, even after the prellmary injunction very
properly granted BY tie A.istricf judge
Let degree be entered for comI lansrt for per.
petual injun cion; and Master, appMnte to .ske
An account acCodingy 70 The payet vf thesbil.
&c. GhlER, Judg',
Nof.-Ihe psssaee lsierrsd to BY Judge Gris' q
sppacsSi. S ' to s'it this . case wa ss foiIows w.
at Is usually the case, when any valuable diseOy.
cry is made, or spy new machine Of great utility s
invented, that the eattenton Of the public has bs1
ss psrsous Is hsSs BEEN % making researches I and eIp:
ments. Philosopher and mechanicisns may have
IN some MEASURE anticipated in thsU spesp'ations
the possibility or probability Of such discovery Or
y tlied, coming very near. yet falling shortrot the
desired result. They have produced nothing BENZ
6cisl., The invention vhen perfecaed ms7 !'nly ne
said to be the eliminating point OF mans e1pe'i'
ors lie may have profled indir0tly by the lnsue
cessful experiments and failures of Other., bn !
gives them no night to ciaima q share Of the hsnot o.
the profit OF the successful inventor II is Wna
speculation has been reduced to practice when st'
pertinent has resulted in discovery. and whea IN.
discovery has been perfected by patient and s9nnr
ued experiments, when some new compoano, n
msnufacture, Or machine has bean thus psSDst p,gSuut
becomes spuhlc behefactOr and entisledto pa.s,m
"And yet when genius .andnpatient perseyefs.mut .ut
have at length succeeded, IN spite of enteH ay sa
scofs some valuable invention or disco"ery, NV
Of the honor, whiis speculators, swiadels, sna vi
rates rob him Of the profits. Every unsuceesa'M
expsrimeptsr who did or did or did not come ,n WI,
near making discovery now claims u. tsefSuu v
Who can invent an imnEpveneut or vary 10 'o,l,
claims yiaht to pirata the original discoyay. w
need not suRnons Morse, or Blanchard, OF 49,
worth 20 proys that this 10 the usra history @ u"
~ great discovery or invention: :, ,s,s
'"Ihe presept ssse ADDS another chapter 70 y.
long and uniform history ."-2 Wlhcsb ~
ooYfa q. ~