The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1878-11-06
The testimony alone filled two enormous
yolumes of print and

Inc testimony niOuc hhcN WV chci4Noeo
volumes of print, and
cosr sIxTY.FIvE THOUSAND DOLLARS,
but the cases continued under appeals and
the laws delays until 1874, when Judges
Swayne and Welker gave decision In favor
of Birdsell. This for time stopped IN
fringements, but two years of the time OF his
extension were gone, and Il was not until
1877 that he obtained a final decree against
them. And when IL came they had become
ipsolyent and had made assignments con-
seauently his judgments against them were
worthless. 1t seemed certain now
THAT BTRDsELL WOULD FAIL,
and the other infringers, not being made
parties to the suit, continued to food the
market with machines. As the machines
last about 10 years, it was hoped to fill the
market with enough to supply the demand
until the patent expired; but the gritty
farmer began separate suits against all the
manufacturers, and finally obtained injunc-
tons against them. But this was costing
money. and when the panic OF 1873 came
on he was in debt $4,000. The markets
were supplied, and times so hard that
threshers could not buy machines unless
they could get credit, and Mr.. Blrdsell was
not in financial condition to give them cred
it. Consequently, during the most oil 1873,
1874 and 1875,
HIS SHOPS WERE CLOSED,
while infringers were still selling wherever
they could work in a machine. His invest
ments in shops and tools up to that time
amounted TO 1872 600, and though he had
sold many machines, his profits had not
been sufficient to pay his debts. During
this time he had paid
! ONE HUNDRED AND TwEETN-EIGHr THOUSAND
DOLLARS IN INTEREST,
and had manufactured and sold up to the
/ end of 1877 a total OF 060 machines, while
/ the infringers had sold 4,2I1 machines AT
| the end OF 1877 ne began 10 figure up how ne
/ stood, and he found that he was in debt on
account OF the patent In the sum OF 500 SUI
| after having sunk the original $50, Ooo winch
he had put into 1t.
TWENTY YEARS OF LITIGATION
against money, influence and legal talent has
M last given him the clear field, but ii finds
| HIM at 81 years OF age, at the
| end of his term of patent, which
he has never been permitted to
! enjoy for one good hour since h obtained
| it. Badgered by numerous willful, powerful
and determined infringers this meritorious
inventor has dragged his patent througn
years of litigation often delayed through
| lack of means and at an almost incredible
waste OF human endurance; always coDhd-
ing in his patent as the pledge of the gov
! eminent, he has risked all, apparently to lose
everything. His patent being about TO ex'
pire, he
PErITIoNED THE LAST CONGRESS
for an extension for seven years. Opponents
followed him there, and insisted upon q
hearing, but though twice referred to the
senate committee on patents for the hearing
of opposition, he twice received unanimous
favorable reports, recommending that the
patent be extended. Owing, however, 10 the
press Of other matters before congress the
bill did not reach final vote, but is hrst on
the calendar for the next session.
Mr. Birdssll has given to the agricultural
a great invention, inca!culable in us benefits
to the farmer, and, although his efforts have
been almost superhuman, he has reaped no
benefits because of defects in the laws. The
courts have decided over and over again
that he alone was entitled to make these ma
chimes, but the laws have not been suth
GENTLY quick in their action TO enforce hi
right not severe enough in their penalties
to give him q remedy for his loss. The only
remedy which eau be given him, and which
in jus ice he should nave, is In the extern
sion of his patent for the seven years as asked
for, and no doubt congress will make hast
/ to do this. JAYHAwkER,