The Manchester journal. [volume] (Manchester, Vt.) 1861-current, 1878-12-05
I ksse Tfsss Esssss. Sas Et
ruN sHsAr oasAs case

rHS sHsAT oasAs CAsK
hasf1 srNgr So g4oQE term a - a
Un1sigs HEscHEn.
For several years past a great legal
eoauosersy has been going o. between
NJ Riley Butdeti. u The Bardett Or
ga g sad lhe 5fn d J Estey 4 Go
4 eecisiou has iast been reached. and
We proceed Immediately 10 rive out
readers foil and clear statement. "a
We understand The matter. Of The points
- issuc. and the practical results that
have beca arrived a. We have thor.
oashly digesled the case, understand
* q q al ils bearings. aud, having
~ a. lhis mouseut rsfFAined, 50 or
fcader. @ill remember from any CON.
ment % the matter at all. are now pre-.
psied 70 give Ah account u IL. which,
we trust. will once for all settle the
'auous conflicting stories aud rumors
which have Tor loag time beioggod
the patlic mind a. 10 the merits or de.
merits Of ihe two sides Of question
which -, Ia our opinion the most i'm.
portant patent case relating 10 piano
.of organ trade that has ever teen
.oaght Oot in the courts.
10 February 1871, Mr. Riley Bnrdett
commenced legal proceedings ia the
United tates Circuit Court for The
District d Vermont. against the mem
bers q the firm Of j Estey a Co., ia
order 10 restrain them from an alleged
infringement Of patent OF bis granted
him February %. 1869. for an improve.
ment Ia the manufacture Of reed organs
aud To compel them 10 account 10 him
for all profits made from all devices
constructed on the principles which he
alleged lnlringed his patent. Judge
Smalley, before whom The case was
originally brought. died before its CON
clnsion. Ii then came before Judge
Woodruff, who also died. In February,
1878, II was argued before Judge John.
sou, who held his decision nearly two
years, aud, finally, also died without
ever having rendered IT, At this stage
OF the proceedings, il was arranged TO
be heard in May, 1878, before Judges
Batchiord, OF New York, and Wheeler
Of Vermont. being respectively Circuit
and District Judges, sitting together
in New York, These Judges have now
November Is, 1873 rendered their
opinion in the case.
Messrs. j Estey d Co, have, during
the pIotracted litigation, had as coun-
sci Hon. EdmInd Burke, Charles M.
Keller, Esq. who has since died, Hon.
WIN. NJ. Evarts Secretary Of State /,
aud Edward n. Diokerson, Esq. Mr..
Riley Burdett has had for counsel G..
b. Stoughton, Esq, Hon. II. Il.
Stoughton who has since died., Hon.
+. II, Stoughton, the Hon, George +
Edmunds (Senator for Vermont). and
L. j. Phelps. Esq
The claims made by the plaintiff UNI
der his patent Of 1869 were, in plain
uynrd. a. falln,.s
First-Reed boards containing two
and a half sets Of reeds.
Second Contracted valve openings
OF a double reed board, admitting an
additional partial set Of reed openings
/ Third--A common double reed
board
/ Fourth-Stops or hampers wher
placed upon reed boards
Practically, AIR Riley Burdett's po
eition amounted to this that no organ
manufacturer could make au orgar
with two or more sets Of reeds without
paying him royalty
fhr position taken by the defend
ants wac
Elrst-- That patent owned by J
Estry \ ~ dated January ., 1866
foe III reed board covered the entirt
subject IA question.
ecoua lhal. eseu il il did not, al
the pialntiilt devices were old. aud ha,
teeu ia use long before
lnitd r. ibat The plaintiff fraudulent
~ Claimed common double rect
board. and the stops OF hampers. which
! tie snrw to to Old aud ii commun use
sv defendants also alleged vaiiou
Othes legal reasons
The plaintiff pat in evidence au OF
gan which thc defendants admitte,
/ Ihey had maie, and asked tor a decree
: thefcupon. "a accordance with tbs
claims ia biz patent
ho defendants put Va answer 40
only thei pateul Of 1866. bat Nafiou
! reed boards aad organs made by GA
: Arsid Dayton Que 81 the oldest manu-
iacturers la Connecticut, running hAc
20 The year 1895, sud Que organ 10 pal
. liculaf known IA his case as exhibi
) No II. made 10 tbe year 1866, lonl
{ anterior 10 the date whey pianli
claimed 10 have made his invention
Aae wAic. had beeu nvt only ia publ
nst but had been exhibited al variuu
/ iairs ~ lhe cuantry aud described !
: the newspapers 10 the year 1866 I'm