The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1876-10-28

END OF THE GREAT PLOUGH CAsE-A
VERDICT FOR THE DEFENDANT-APPEAL
TO BE TAKEN.-As foreshadowed in our
last issue, the jury in the case OF Watt
against Starkc, in the United States
Circuit Court, yesterday rendered their
verdict upon the ISSUES submitted
to them Tor the defendant. This suit
was commenced in August, 1870, by Mr..
George Watt, the well-known marufac-
turer, filing bill in which he charged P.
II. Starke with having lnfringed and used
three OF his patent rights, covering about
twenty patent claims. The case stood on
the docket till 1872, when the Court ordered
three issues to be tried covering the claims
in the first patent, to wit: First, was
George Watt the original inventor of the
thing patented; second, was it new and
useful; third, had Starke at any time in
fringed said patent rights. On all these
issues the jury found for the defendant
Starke. This patent was for what is known
rs the "breast improvement" designed to
prevent ploughs from choking with weeds
and trash.
The next step was to try the second pa
tent. Mr.. Watt filed paper stating that
he abandoned the charge in that case. At
the last April term the Court required the
parties to make up issues to be given to
jury to try the matters involved in the last
or third patent, in which there were ten
claims and specifications. Mr.. Watt chose
to rest his case upon two points: First, the
mode of fastening the handles Of the
plough; second, as to the mould-board,
claimed to be wider at bottom than top, de-
signed to throw DIRT to corn or vegetables
without covering the plants, and allowing
ABOUT two thirds to fall back in the furrow !;
and upon the opening Of the case the con-
test was finally narrowed down to the
mould-board.
This mould-board is a small piece, not
much larger than O mans hand, but is ac-
knowledged to be a valuable part OF the
plough. 1t is used for the purpose OF culti-
waiting corn or other crops, and in its opera
ton permits about two thirds of the earth to
fall back in the furrow behind the plough,
"while the remainder, rising along the line
of the cutting edge, scatters over the sur
face beyond the furrow, smothering up the
grass. In the operation this form Of plough
gives the crop a small quantity OF earth, en-
tirely covering the grass which grows
around and between the plants. This form
is also sub-soil plough Of the first magni-
tude." ......
The following issues were submitted to
the jury:
l. neCner tne PlalHtiu Natt WAS eic
original and first inventor or discoverer OF
the Improvement claimed in said speciica-
tion nine, or Of any material and substantial
part thereof.
9. Whether the improvement claimed in
said specification nine had been in public
use or sale in the United States for more
than two years before the said Watts appli-
| cation for said patent G.
3. Whether said improvement claimed in
said specification nine OF patent & had been
patented or described in soEe printed pub
| iication prior to said Watts supposed in
yention or discovery thereof.
The examination OF witnesses and argI-
ment occupied the attention Of the court for
six days. On Thursday the case was SUP,
mitted to the jury with the instructions OF
the court, and Thursday night, upon all the
issues Joined, the jury found for the defend
ant. Judgment was accordingly entered,
and new trial refused.
Mr.. Watts counsel filed bill OF eXcep-
tions, and will probably take the case up 10
the Supreme Court of the United States.