Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1873-05-11
IRON-TIE SUIT.
A Famous Case Decided I'm the United
States CiFeuit Court Yesterday
by Judge EmmOns.
Nary r. MeCOmb versus George n
Beard and !. J. crOmb-The
Widow Gets her Own.
History of the Litigation and Nature of
the Patent Infringed-An Inter
estIng Suit Satisfactorily
Settled

A large concourse Of citizens, includ
ing several ladies, were present, anC
considerable interest was manifested il
the United States court for the past two
days in the trial of the cases of Marx
Z. McCOmb UeTslts George n. Beard
and J. J. McCOmb versus same. The
case was in the nature of prosecution
for infringement in the use of an i'm.
provement for tying cotton with iron,
claimed by former and used by latter
The counsel were gentlemen of eminent
legal ability in their department of the
profession, and the counsel for the COM
! plainant, Mr.. s. s. Fisher, opened the
| case on Friday afternoon. To obtain q
| correct idea of the matter, it is necessasa-
ry to state that similar prosecutions have
| been instituted and determined in New
Orleans and NewY ork, but against agents
only, hence the necessity of this prose
cution against the original party in this
place. 1t was, however, agreed between
the eontesting parties to argue the case
upon the evidence heretofore adduced
in the previous trials, with a slight ex-
ception of the drawings, etc, of what is
known as the Daft patent. Complain
ants counsel opened the case by read
ing the opinions of Judges Wood and
Blatchford, which were in cOmplainant's
favor, and exhibiting the different mod
els involved in the case with such neces-
saTy explanations as We're necessary to
bring them within the comprehension
of the court. In this case the COMPLAIN
ant relies upon what is known as the
Cook patent, or rather under the exten-
sion of the same, which patent was
bought by complainant, which contri-
vance it Is necessary to explain. II
consisted originally of a fiat piece of
wrought iron about two inches broad
and three and one-half inches long. so
stamped or cut as to produce four
bands and three openings, the for
mer bilged out to admit the hoop
iron, one end of which was passed up
between the bars longituOinally and
bent back in the same direction over
the second bar. The other end was pass-
ed through in a similar manner from an
opposite direction, and bent as before.
the final end of which was slipped side
wise under the fourth bar, through an
opening cut in the same. The con-
struction of the "Beard tieu was a Dlate
with an opening in the side, the other
side of which was strengthened by an
additional thickness of iron to resist the
pressure weakened by the opening on
the other side, with points projecting
down from the opening. The Cook tie
was patented in 1855, the Beard in 1870.
counsel contended that
the Cook tie was susceptible of being
used i'll the manner adopted by Beard
and others, and proceeded to show that
the same could be used in any man
ner without changing its form to the
purpose indicated. That such sIst as
used was necessary to keep the tie from
opening, and, consequently, was the
principal part of the patent.
To-day the case was resumed, COM |
plainant's counsel having closed his ar
gument the previous evening. The |
counsel Tor the defense, Mr.. Latrobe. |
proceeded TO rebut the arguments bv |
analyZing the opinion of Judge Black |
ford, and endeavoring to establish the
open slot as not being patentabIe per Sc,
put only IN combination with other
parts, and the drawings and specifica-
ions of some old EHglish patents were
brought forward to sustain the fact that
he open slot was antedated bv them. !
md consequently could not be claimed.
some of the distinctions were very subtle
md ingenious. Various devices were
hOvin in harness-gear, etc, TO show that
he open slot had been used in yariOus
orms, and hence was only patentabIe in
with other elements. The
government, in granting a patent, does
o only on combined elements, the sim
lie ones being long since discovered.
1t would be impossible to give a full I
dea of the case discussed, so much be-
ng demonstrated by models and draw
1gs, which We cannot reproduce here.
Ne will therefore satisfy ourselves bv :
living the opinion of the court, which
7as given verbally, substantially as fol-
)ws: That it would be long time be-
)re the matter could be examined, but
4 view of the recent decisions of Judges
Wood and Blatchford, on the same evi-
ence as here presented, and the defer
nee due to them, he would decide for
omplainants, but candor required him :
express considerable doubt as to the
Defendants counsel o
sked that it be committed to writing. :
-hich his honor agreed to do. Decree :
II comPlainants accordingly. =