The New York herald., 1878-11-27
SUBMARINE PATENTS.

JUDGE BLArcHFoRD RENDERS AN n6PoRTAH1
DECISION AGAINST THE WESTERN UNION TELE~
GRAPH coMPANY-A MEMENTo OF DEPARTED
GENIUS.
Judge Blatchford, in the United States Circuie
Court, gave important and lengthy decision. yes-
terday, in the of Clinton G. Colgate assignee og
the late Arthur w. Eastman, VS.. the Western Union
Telegraph Company. This suit" says the Judge.
.'s founded letters patent granted to George b.
Simpson, inventor May a. 1867, for an i'm.
pro.ement i'll insulating submarine Cables" The
specification states that simpson had invented "a new
and useful Improvement ia electrical conductors fol
elegraphic purposes" The specification is then SET
forth and the Judge goes to say:-''It is plain.
from the language of this specification, that tha
point Of the invention is to make of the
fact that gutta percha is nonconductor
of electricity to insulate by OF
gutta percha metallic wire, which is a conductor OF
electricity and thus prevent the escape OF electricity
from the metallic wire when it is suspended in the
air submerged in water or buried in tha
earth, when, but for such insulation, tia
electricity would escape from the metallic wire Tha
mode of insulation described is to combine the gutta
percha and the metallic wire i'll such that tho
wire will be covered all sides with uniform coat
ing Of sutta percha. Adequate OF softening
init it 10 be SO combined with the wire are set forth:
and il is declared that such mode of combination and
Insulation confines the electric current to the wiro
and shields the wire from contact with all external
electric influences. II is manifest that the gst of the
invention is the discovery of the fact that gutta
percha is non-conductor Of electricity. The appli.
cation OF that fact to practical is by combining it
by the means specified with metallic wire. in tha
manner described. and then using the cable formed
electricity along the enclosed wire. The ati-
mits the use by the defendant of submarine cables
in the insulation of which gutta percha
ployed, but does not admit that it thereby used
the invention patented to Simpson 1t also charged
that the alleged invention was before known and
used; that it had been for two years before Simpson
invention in public in the United States with the
knowledge, consent and allowance Of Simpson: that
il Simpson was the first inventor he wfny and for
many years delayed to apply for patent for It, and
that the thing claimed by the patent is not patentable
subject matter. and therefore, is null and void.
Judge Blatchford after going into great detail to
various decisions III relation thereto concludes fol-
lows:'On all the PORTS in issue it must be held that
the plaintiff has established his case. and there must
be the usual decree for the plaintiff for injunction
and an accounting, with COSTS
UNSUCCESSFUL EXPERIMENTS.
Mr.. Simpson claimed to be the inventor of insula-
ton OF wires BY sntta pereha and the originator Of
miles Of wires insulated i'll this way. Gutta
pcrcla imported into this country in
lsi5, but its insulating qualities not then known.
In that year Professor Morse made attempt to in
snatc wires by a composition of becxwax. asphalt
was failure. In 1916 ARA Cornell and Professor
Morse tried to carry wire across the Hudson
River. at Fort Lee, insulated by asphaltum and
hemp and another wire with glass beads attached.
and enclosed in leaden pipe In both
failures resulted Another attempt to insulate
wire made in the spring OF 184S. 1t
called after man named Downing, and @ral
line insulated with India rubber, but in all pre-
vious cases, it did not work Professor Faraday pub
lshcd article in England in March, 1sis. to prove
the insulating qualities of eutta percha.
AN UNLuckY GENIUS.
Mr.. George B. Simpson. however. claimed that he
had made application for patent for this inven
sworn to the Same in january. ls4s He
was too poor, however, to pay the Patent
0fe e s nna his N apseason nrat not xsn
ject to the notice of Amos Kendall and others in De-
cembcr, is47, and in March,, ls4s. to Pro.
| fcssor Rodgers, OF Baltimore. He also exhibited
his invention in the Maryland Eair ut Baltimore.
in the autumn of lsAs. He made another
application for patent i'll February, 1S4s. with
the ill success. and he put in his third applica
ton to the Commissioners OF Patents in April. 1s4a.
ut which time the late Horace II. Day loaned him $50
to pay his Patent Office fee. This application
jectcd in 1880 and simpson, becoming disheartened
from his i'll success and being pinched by poverty.
obliged to withdraw his fee. He started for the
Pacific Coast where he remained from 1852 to the end
OF 1867.
He returned in 1868 and found his invention largely
! in He had accumulated little money during
! application for patent. The Commissioner OF
Patents claimed that simpson was too late. and
aSain ItJecteu MS appncation. Inc inventor
protested against this action and kept renewing
his application every year from 1853 to 1866,
and i'll each instance it rejected. In
1866 simpson made an application to Con.
grcss for relief, and favorable report VISA
given BY that body the originality of the inven.
ton. and May II in the next year (lS61), ne wls
granted pasen. the originator OF tho
first practical method of constructing
tclegraphs, and insulating wires with gutta percha.
At this time Mr.. Simpson in the United States
service paymaser with his station ut New Orleans.
He enjoyed the fruits of his twenty years struggle .
few months only he attacked with yellow fever.
and died in New Orleans in the month of October.
1867. His widow sold the patent to Mr.. Arthur W.
Eastman. who commenced suit against the Western
Union Telegraph Company in 1872 After Mr.. East.
mans death the suit was continued by that gentle-
assicncn. Mr.. C. q. Colgafa.