New-York tribune., 1878-11-27

The story of the twenty-years struggle of g.. b.
Simpson the inventor to get patent and his death
after success, is given. The case will be APP
peaed to the United States Supreme Court by the
Western Union Telegraph Company.
HISTORY OF THE SUITS.
THE RECTAL oF A POOR INVENTORS LONG sTRUG-
GLE TO SECURE PATENT-sUTs BROUGHT TO
PREVENT IT'S ISFuNGEMENr-JuDGE BLATCH'
FoRD's IMPORTANT DECISION FOR THE PLAIN
TIFF.
A suit was brought May 81, 1857, by Chn-
ton q. Colgate. Assignee Of Arthur NJ Eastman.
against the Western Union Telegraph Company
for Injunction and an accounting Oh pfoh's
for the Of the invention patented by George
b. Simpson The patent claimed the insulation OF tele-
graph wire with guttapercha, thus creating submarine
conductor OF electricity. The inventor ciaiped to DC
the originator submarine cables. and declared that 1t
was to his invention that the success OF the Atlantic
Cables was due. The attorneys OF the western Union
Telegraph Company testified upon the trial that the
company had IN use about 10000 miles OF telegraph
wire In which guttI-p'rcha is used as an insulaor
The history OF Mr. simpsons invention aud hs strug-
gle to obtain patent remarkable. Guta-pereba was
imported into gland from the East Indies about lSio
and was there used as mastic cement and as plastic
for covering relns, straps and bands ana Tor
mounmg various articles Its insulating properties Werc
however not discovered that time. In lo4o PrOiea
Morse attempted to insulae telegraph wire WIN
beeswax aspnaltum ami yarn. This mode OF i'll
suatiou failed In 1916 Ezra Cornell and Professor
Morse tried carry the Hudson River al
Fort Lee insulated with asphalt and hemp. ana
also one incOsed in glass beads ana IN leau
pipes This also failed. DDwnng's line from Phllade-
phia 10 NewYOrk tried india rubber an nsuiatOr Tor
aerial wires in the Spring Of lSis but This also failed
The first Magnetic Telegraph Company. or Southern
Teeg aph Line tried covered with asphaltnm and
In IN fla of ISt7 points on
their hne particularly at Passaic River.
1t claimed that the first publication In England OF
the insulating properties OF guttapercha was MADE by
Professor Faraday in March, 1913. Prior TO this time
however, George b. simpson, the inventor IN TINS case
had fled application for patent in the United states
Patent Olce claiming the Insulation OF telegraph wire
with gutta-percha. This application was dated Noyem
Der o. lsl7. and WAS sworn to and fled in
January 154S, more than month before Fac-
aday's annOunc ment. The inventor at that
time too poor TO pay the fee OF the
Patent Office, and continued TO be in the greatest
poverty all his life he hed second or amended appli-
cation Tor the patent February 1913, and third In
ApriI IsI0 when no succeeded in paying the Patent
ONCE fee oi $50 the assistance OF the late Horace H.
D.v He exhibited his invention Ia Baltimore in tie
spring aud Fal Of 1913, and 1t was there
tested and found successful He also, as early as
December, lS47, exhibited his Invention to the late
Hon Amos Kendall aud r. o. J. smith IN Cincinnati. In
1880, his application was elrOneOusy I'JeCtcu Dy
Patent Office and he referred TO the officers OF the
Magnetic Telegraph Company, including Mr. Kendall,
"a alleged prior nycntOrs all Of whom, i: appeared
al b,cuu,ntly. derived the knowledge they re-
c.iyed on the subject from him. The Patent
OGicc repul5ed his repeated applications. he was
compelled to withdraw his fee BY his agreement with
Day. He worked his way 20 the Pacific coast be-
tween 1852 and 1857 in the hope Of obtaining
to renew and prosecute his application. Returning in
1873 he found his invention largely IN use. He had
accumulated little money, and promptly renewed his
application the patent He was again rejected by
action in rejecting him had been erroneous but that 1t
was now too late 10 obtain patent. an -.., -.
pcaiions with all the Commissioners OF Pgtents who
were In once nIlng nat le. i an @ m 80 t f
favorable report the originality and novelty
OF ms invention. Finally, In 1867. after twenty
wears litigation in the Patent Offce. his efforts
we're crowned with success, and patent was
issued 10 him as the originator OF the first practical
meaod OF struct!ng an ocean telegraph. simpson,
however, died few months after the grant OF tAe
patent He was then employed paynasteP in the
United states Army-a position procured through the
influence OF persons who weIe Interested IN his
eudeayors 20 secure his rights. he died Of yellow
fever In New-Oreans in October, 1867. The patrnt
DE- ssed ihe h'nis OF the plaintiff VINO began SUIT
against the Western Union telegraph Company IN 1872,
after frutles- have th Hg1ts OF simpsons
representatives respected Ihe luSaloh mas pOceedrd
up to the present tme and 1t s now terminated 20 far
Us tEls Court concerned In the yndieGtOn OF simp
sons claim to be the originator Of ocean telesfapY.
THE DECISION OF JUDGE BLATcBFoRD.
his decision rendered ycSteftly, JuuSc
said Il plain from the language Of the specification
that the point of the invention is to make use Of the
fact that gtt-percha nOn-cOndnetOr Of electricity
10 In~uate by means Of gutta-pereba metallic wire
which is conductor OF electricity, and thus prevent the
escape of electricity from the metallic wre when it is
suspended IN the air submerged III water or buried
n the Garth when, but for such insulation, the elec-
tr.c.ty woud escape from the metallic wire. The
mode OF Insula ton described Is combine the gutta
pcrcha and the metallic wire in such that the
wire will be covered all sides with q uniform coating
of gta.percha. Adequate means Of sOftenlng the
and puttiug IL such condition as 10 permit 1t to be
forth and IL is declared that such
mode of and insulation confines the electric
crren Mt to the Wre aud shields tho from contact
with all external electric influences II is manifest that
tbe gist Is the discovery OF the fact thar
,uttDercha Is a COnducOr OF electricity, and the
appcation fact TO practical use by combining
by the means specified. with metallic wire, III the man
ner described and then using the cable formed by such
combination for the purpose Oi conducting electricity
.upg tho Enclosed WIRE The answer admits tho use by
fine defendant Of submarine cables IN the Insulation OF
which employ ed but does not admit that
N therepy used the invention patented by Simpson. IL
also that the alleged invention was before known
anI used that II had been for two years before Simp
sons invention, IN pubhc use IN the united
states vita the knowledge, consent and NJ
lowance of Simpson: tnat If Simpson was the hrst n-
ycutor he wu,ly and Tor many years delayed 70 apply
Tor patent it, and the thing claimed by the patent
ia not patenabo sUbjectmatter, and therefore IS null
and YOld.' ,
lions OF side, and quoting many decisions bearing
upon the questions at issue, Judge BlachfOrd said ION
All tc points issue il must be held that the plaintiff
has established his case aud there must 1e the usual de-
aUfaN Ia AN tR