The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1872-02-24
ROBERTS PETROLEUM rORpEno ~

PETROLEUM TORPEDO CO.
Office at the
RED PLANNING MILL
Cor or OF Pine ana Second Streets.
Near the lea.irOad,)
TITUSVILLE, Pa.
Owing to the large and increasing demand for the
Roberts Torpcdoes, and the late decision of tho,
Commissioner of Patents in refusing to VIM Reed
a patent. and the decision of Judge h. e. Giier sus
taining the ltoberts' patent they haze Low EEED
the price of their Torpedoes
TWENTY PER CENT.
40 that every Operator can afford 10 Try Torpedo
before abandoning We'll.
The following is the decision rendered by Judce
Grier on the twenty second (22) day of September
1861 in the United States Circuit Court at Phlace
pha. The case was argued three days by Charles
NJ. Keller Of New York, b. i. Lucas and :. A. Pur.
yiance Of Pittsburgh, ior defendants, and George
Harding of Philadelphia, and George Ii. C.risly, o.
Pittsburgh, for plalntiil.
.-- 2 OPINION OF JUDGE GRIER
As write with difficulty can only st1te the cor
cusions 10 which my mind has come a Ter Il careiu.
examination of this case. l.
The complainant has exhibited a patent dated
25th VI APRIL lS65. This is prima lacie evidence o.
good title and puts on the respondents the bur
den of proof thai the patent is voc. OF worthless
neeu not repeat my remarks III the case vi Good.
year vs.. Day e. Wall, G. {. Rep; Y.9) bat now
adopt them aiiording rule o DECISION which ap-
pies clearly 10 the present case.
As the Infringement of the patent is admitted.
the only question will be MS to tho validity ol CON
plainahIs patent of April %, 1858.
ii was after speculation had been r.1uced to
practice. and after repeated experiments. that tn .
complainant succeeded III over coming the prejudice
and ignoi ance OF the people en- the sule,t. ami
rers,iaung the public thai his invention Was usil
aft'r he lad established its great utility aud value
and "when his genius and pa'ient perse?erince,i in
suite sneers and SCOTS, We're completely suc
10. siul, that Reed, who had before made expegl-
ments on The same subject, and WAS unsuccessful
and after purchasing one or more compiaimuls str
peLoes, he applied ON the lst of No|ember, 1861, D
tor patent for substantially the same comOliia
Uns Of devices aiid machine coma aimee N complain,
ants patent; On The lb,h of the same month the
re. pUndents formed the, Ives into company u;
cor, Grafton called ~ re keed lori elo tOmlsn'
+ the purpose of pirltny the compla malt in
ventOn and supporting tue eXprnsee OF litlgalUl''
and trus dciraud him Of the fruits They have per
seNed. even after the prcl.mery iriunction Vely
properly granted by Tie i-iicf JNdyc:
Let degree be entered for coml lainl for per-
petual injun ciun; and Master, Hppointe to take
all account ac, oldingly TO the payer OF thehll.
II. Z. GRlkk, Jnds9
NorE-The passage referred 70 bv Judge Grier ii
his former decis on, Wallace p. 2y' ADOPTED a5
app ic,,bie To this case was MS follows;
alt L. usually the case, when any valuable dlsco'-
cry il made, or any machin. of great uliity Il
invented that the attention of hc public has be'I
turned to that subject previously, ana llat ihdl|
per>ons have he, making researches and eAleif
meuts. Philosophers ana mechanclals may hat
u, some measure anticipated Ia their spccualioh'
ale possibility or probability of such discovery or
invention: many experiments have brel succtssiG'
Is tiied, coming vely lear. yet falling short oi tne
desired result. They have produced nothing Hl,'
ic,ai The iuvcNiOn wlel perfected may uh9
said to he the eliminating point ol many eNEu
men :, not only by tie inventor. hut 10y many GU
Or-. lie may hay. proiited indirectly nv lhe uh,"
ce--ful experiments and failures of others pm
give> them no right to cia IN share OF me h"ho
tn, profit of the successful inventor IL u, VIM
sact ulatiun has bscn reduced 10 practice, wheu
pertinent la. resulted IN discovery and when ,m' wa
discovery has been perfected by patient anu e9H' 1
ued exprrments, when some new cnnpOuhu "
mapuinctuIe or machine has been thus prEau'e.
which is useitlto the public, that the parry iiian,ns
becomes apublic benciacior and eiittledt" pavm p,
| sand vet when genius aud palit nj leise'ef"l
| have at length succeeded, In spite of sh'eIS M
| SCOTS, some valuable invention or G%o III.
seldoEi is IL followed by reward Envy i"us ,, vi
of the honor, while pectatOrs, sw'hdeis s. lliu n
rate, rob him Of the profits. Every ilsnccessu
exl,erimenier who did OgdId or did iot CONT i an
near making a discovery now claims u. E.''ff ~, ffn
who can invent all Improvement or vary ns w"
claims right TO I.irae the original nr Woti
need moi summons Morse. or Blanchard. or W. W.,
worth to prove that this Is the usual ihsto'' VI "
| ry great discovery or Invention: ,.o, IN Mi,
"'I'he present case dfls hnotner ch"P'.,, y, Il.
long md uniform Lstory."-2 Wailacers y ="
ports p. u"