New-York tribune., 1877-06-29
BUTLEES VIGOROUS PLEA.

CIFIC IN FORCIBLE wAY-THE ADVOCATES
MANNER AND ARGUMENT
In the suit of the Atlantic and Pacific Tele-
graph Company against the Western Union Telegraph
Company and Others the Superior Court Special IerIn
Gen. Benamn f. Butter yesterday concluded his argu-
ment which occupied about four hours IN its delivery
Mr. Buter, it s said. has devoted two months to the
study of this case. having taken an extraordinary ID
terest in on Of the legal questions and COM
plcatous involved He has exhibited naen enthusiasm
and declares that he Will win the suit
The courtroom wei filed with atercsted auditors
Much Of Mr. Buffers time occupied IN reviewing
the evidence in the case and IN recng legal author
ites TO support his positions. His reading from law
books very rapid, and was uninteSibe except 10
those who gave the closest attention As usual Win
him when reading Mr. Dutier held his book at distance
of less than six inches his eyes, aud his uteranee
was so indstnct that at time the judge had o re-
quest him not 70 hold book directly in trout of him.
Butler complied with tho request by turning his side
the bench. When not quoting the authorities ne oc
casonaly became intensely earnest and emphatic, boih
In tones aud gestures His welknOwn powers Of sarcasm
and wcism displayed to advantage. At one tn'e
he said There is except by deed-speak-
ing in law AMI not in theology" Muca laughter was
caused by his inquiry, How the court know what
good gifts God has in store ior mankind In the way OF
eeorty-especiay If the Western Union will only let
Edison alone and give hm fair chanceV AT another
poul Ia hIs argument he declared that there was no
over the wires nor how much faster faita could to
God Justice may be blind but administrators are
noe" he remarked, epgramrlatIcaiy Abiding 10 some
statement Mr. OrtOn's. be sald; "Orton can't deny
tnIs although he would the legs of OF brass
pot
Tie brought to eDjoin the defendants IN the
suit from receiving certain patents for the inventions OF
Thomas A. Edison in quadrupcx ana duplex telegraphy,
applications which, ten in number, are pending IN
the Patent Ofice; from selling ineumberlng their
alleged interest in these inventions; and Tor decree
that defendants shall assign to the eompalnants all
their interest the inventions Duplex teiegrapuy Is
the system by which two messages be sent over
single wire a. the time quadruplcx teegraphy
is arrans 10y which messages can be sent III
the same as well as in opposite directions simultane-
ously.
Mr. Butler began bis argument yesterday by showing
bv an xausive review OF -authores. that notice 70
aa agent was "a constructive notice 10 principal Ills
was IN enforcing point hat the Western Union hd
notice Of the agreement between isOn and Harrington
He then pro- eeded der the channels through
winch person corporation could be reached 10y q
notice notice a sOdcitOf, he siid was equivalent
to a notice 10 a murtgagee. He then c"hsuereo tue
question whether or net an assignment OF something t.
be patented should recorded, and whether or botl
transferred tie tile Section sos Of the Revised sta
utcs sad that any patent any Interest therein was
sscnable in writing Tie words amy interest therein
were la law previous 10 the revision ana meant
that tue recorded assignment OF patent To ne
issued carried Nith Il the patent when issued such as
sienmen,s were properly recorded. The deed or ApfA
a 1871 by winch Edison made formal assignment 10
Harrington Through whom tine Atlantic ald Pacific dc
rives ITS right TO the invcnuons dec.@ted tnat these
were Inventions 90 be patented and contained the WORDS
AL that my inventive genius may suggest Mr.
Orton and the world Obliged 20 take notice OF is
decd which was recorded May 6, 1871. This assign
ment spoke OF al Geographic inventions made or to he
ma he llpl
te.egrpby.
q am of that unfortunate constitution Of mnd" said
Br Butter. that when l get opinion after fat
thought VIII yield It up easily. Ny brci is vouni-
nous bee. Use | have quoted so much' NJ leafhnc
n. ther asked WY We did hot use these inventions in
these hie years. Because Porter and LOwery threat
ened us th jail il We did, and believed they meant
it, shouldn't have been much afraid OF thctn
as my clients were. In letter dated FED
O. 1879 Porter and Lowrcy wrote 10 Mr.. Eli
son. calling his attention to an injunction which
had been obtained, and stating that any Infringement
would render him personally liable for contempt Now
they abuse us for negligence IN a court Of law. NJ
clients respected This notice, nut should have whstied
r down tie wind. Talk OF NewJcr,ey preventing tie
work OF tie lord in the Of teleeaphy from going
or Besides. il cost TO introduce these m7en-
tons snG although we knew which side justice and
law woud lie we did know how the Western Union
enplo, 6s would swear"
mistake in some passage which he had read. read Il
as il is here" the reply. and my friend means
that Intended TO read he ought to take me By
the ear aud lead ne out"
PROPERTY IL WHAT THE MIND CAN DO.
MI Batter proceeded speak Of Mr. Edison's use of
the Western Union instruments. which, he said. were
used only o2 nights from midnight unJil a. III. The
western UuOn borrowed Mt. Edson's relays and
then charged him for the Of tboU AT time Mr Or
ton said that Edison using the wires and apparatus of
the Western Union when Edison two days sail from
Ncw-York on the He must have been tapping
the Atlantcca5e to make his e<penments,' said Mr.
Bti,ler. Mr. OrtOn denied knowledge OF H3rrneton's
contract" ne continued; but I proved that HaTing
ton talked wifi Orts about the matter. We have
partne rship and deed Of which they had notice To
this two objections made-frst, that the part
nersllp was given up. ard second, that the deed
cond not convey invention insist al nat
tai arrangement just wei aS Ee can anything else.
II is his property In conducting this case am hYing
example oi ti3 sort or safe ana IN uylhE 70 ci.rh y
money. had soiae idea OF |aai was gong ID saw
but not much. An artist can sell design for . statue
OF LIBERTY and with the money De put II ~ marble.
II want history written can hire man 70 write H.
common lass grow uD as a necessity OF the times, and is
lie producU Of thousand years. But the Constitution
lie relation OF patent to an invention is
the same as taat Of deed % land. man
well os to auythmg else. sec no reason WY man
shod no; make business o lnventoo .nG cary II on
a kaicidoscspic ln,nd--whatever that may bo-as our
frlc,re s1v thst hdisoa has such a m1n I would
puy Ia NV calico ml to get H. designs 10 please tie
ladies Wha, the mind do is property Has not
man the rigt 10 Use his talent TIE common law says
he sha assign those things which aTa G0t "a exist
cncc bat this he never been the lr bcrc anG 10 ccr
taiy is not equity When al invcntcn car rpen into
property be assigncd future Invention may be
couyei ca as wei az "a past Olr.
81 cH. tit assign .n ycntoa tnut may MAKE,
but luy doc not 4,ire is cctiA AiUy can assign
any inventions Of certain class whicl 1tcho 20 MAKE.
Inventors are poor borsa c1ep0roion VII always
rob thcn There ilw To otbcr s.@c except the