New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1880-04-24
CONFLICT OVER TELEGRAPH PATENTS.
PETITIONS. DEMURRERs AND ARGUMENTS IN THR
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PETITEoNs. DEMURRERs AND ARGUMENTS IN THR
PAGE SUIT.
I A further hearing was had before Judge
Batohord in the United States Circuit Court yesterday
the suit OF Priscilla w. Page and the Western Union
Telegraph Company against tho Holmes Burglar Alarm
Company, in which the defendant petitions that The
former Judgment OF the Court be set aside ana now
hearing granted The plaintiffs were represented by
Judge j. K Porter and T. n Diekerson and the defend
ant and other companies interested by David Dudley
Field, ex-Judge Dillon and ex-Lieutenaut- Governor
Dersbemer. demurrer to the petition Of the Burglar
Alarm Company was presented and argued by COUNSEL
and demurrer to the petition Of the American Union
Telegraph Company and tho Wabash and the Union Pa
oiac Railroad Companies presented aud will be ar
Rued on Monday.
The petition read and demurred to yesterday sets
forth that since the trial Of the action question the
defendant has discovered that machine was manu- fac
tured by Thomas Hall In Boston In 1885, aud was there
used for receiving and sending teegrnpbic messages
which machine contained the device described IN the
thirteenth claim OF the companants patents also that
It be sbown by the testimony Of experts that tho
combination and devices claimed under the twelfth
claim OF c0mplainantS patent the essential fea
OF the Morse teegaphc instruments operated by
Morse electrical crcuibreakeFS IN under tho Morse
patents since about the year 1e45, without which
Morse telcgTapiic Instruments and apparatus would
have been practically uselsAR.
e. n Dckersof orued that proof had been iaii be-
fore the Court In support Of tho statement in ire petit
rion that the defendant used dne Diligence Obtain tes
timony; second that the petition clearly SHOWS that
Morse machines. presumably similar to the specimen
prvanecd BY Hail. were in general from 1s45 ana
IL therefore entirely uninporast whsthor the peti-
TONERS knew OF the specific mentioned by Hail or
nor
hr. DifkersOn exhibited the OrGlnsl Morse mole
during his argument AS he was describing 1t, Mr.
Field, intsTrnpting hin. sald; I'VE nave witnesses
here who win testify that the screw has been removed
within the last three wcess.n II Is tase replied Mr.
DseaerS0n exeiieJy. " have bad the maCbiGc In my
possession Curing that tine. I don't know VIII tie
nsnses OF your men are or how bg they Hre Wherv
thor cez1e FROM. say it h ahsslniely faIsa.D
Judge Dillon, ON the part OF the defendants cen nred
tie platinum TOR not suing company Gf port
aIsee than the Burg ar Alarm Company. We hnye
Eued the Atlantic ana Pacific iUtAnuBTed Mr. Dok 4
WD0 IL the Atlantic nla Paeiae - sald JE.Ise
Dillon. 70 u ths Nan FrliaT tho Western Union
Wvd>Eire 90 Show ke added. % that Page was really
anticipated 10 The inyentton gd We nso iuIi and
needed Itght thrown upon tIiB wlIole subject"
Mr.. Field elafmed stat Lis eilaRia had the Original
Morse model 81 1885. anieRtng I'll that PAGE eyor did
Regarding se-sssew lie dec ased taE seauno paint
Of eylseDee tAe Hail maohlne SVEN % ayo 5gslI