Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1880-01-16


Burdett of Chicago Cor, practically, Sllas VI,
Waite against Jacob Estey, Julius J. Estey
and Levi h. Fuller for infringement OF
patent in the manufacture at Brattleboro oil
the Estey organ, awarded the plaintiff near
ly $50, 1000, subject in whole and detail 10
the opinion of the court.
The case was first brought in the United
| States circuit court of Vermont, December
| 30, 1871. 1t was heard successfully by
| Judges Smaley Gin 1874. Woodruff and
johnson, all of whom died before rendering
1 a decision Early in 1873 it was argued be
| fore Judges Blatchford and Wheeler nj New
| York by distinguished lawyers, including
Senator Edmunds, William NJ Evarts, f.
W Stoughton and T.. J. Phelps. Judge
Blatchford affirmed the validity of the patent
in part, and ordered an accounting To de
tcrmne the profit made 10y the Esteys on the
improved mechanism.
The Infringement charged upon the Brat
tlcboro concerns offending is the use OF
device invented by Mr.. Burdctt and called
hy the plaintiff ''harmonic celeste" and by
the defendants ''vox jubiantc," the essential
feature of which was the introduction of a
third set of reeds tuned cithera trifle above
or below the diapason, but only sufficiently
so TO produce Slightly waving and undulat-
ing quality or effect, without producing any
discord The ''wavy tone" thus produced
,,,a,,,' -, .o,, rIa ho, oolos avep unJcr
,ho o,,,I;,;,,, of o>,ro sa5 IA tbe nricc for
-, ,ho ,os,or GAYS ..,p;uc IN orron ont of
,r,o " Tho snring,,eJ Pso,sgtoa in an
or,;oIo ON tho Suhioc, s,vs.
~, p.,,,,,,,,r, or,,,, ,,.lors have hoo,
,,,,,nrlaII,' S,cccssfu1 in meeting thr com
80 49,, 80, nf a ,,uocoI nil Ia devo-
-; ~ a. o,',,ross;n, Of continent and
.,oa any; LII ~. - Inr, rnr the tirs, time the
do,;.o ~ which they owe the satisfaction
they have so often felt. II the credit of
the invention is due TO Mr.. Burdett, the
credit of nlacing the instrument in so many
thous,nd homes belongs TO the Esteys,
IN whose enerry and skill the master calls at
teption ne confributino 50 greatly TO the sue
cess Of the cn,ernrise and inns affecting the
r;GI, ful nrctcntinns of the nlaintifr As for
~ III NJ Iorro and n.ri;culorIv the closs
t.1. -l.r har "a
viii ,hanl The ES,evs The Rurdetts and MI
H. ,,.,, If ,hnir mill for Cv;nr the world
~, ;ns,r,,n,ort co far in advance of tho
,,,a,n'1oan ,I,at a,,;c,nd tho las, ccnero,ion
mn
Iu.r,vTvps .r Paw Frrcr,oy AT
-, It - a. a,ool.,,,,Ia,, =,
''e amman nv VI NV
the First National Bank of st. Adams faml-
" unpleasantness. between the president,
=, ,.,, ,,,o
iion i-'Ma'u a "'Nies' anu ms
cashier, Hon. Albert SowicS, cuihiihaieu Ill
an extremely undignified row, the details Of
which ,ho Uces,uoor rives as follows
=, A.,
Mr.. T. a. HoWIes 1t see,lis, conee ,i;r, ene
intention OF elec'ihS new poiru oi uileotois
'nls year anu running liiiiss III ms o"h wa,,
since IN ms own haii1 anu Us eNtculoi Vi 'nI
VIII oi 'iie iaie non. liiiaii, neiIoMs' NJ
Il ilaJoiit! oi inc s'"ch' Mh'il tnc SUI n
holuers meeting opeileu 'ne P,.sci.e VI
MesSrs. y. a. burton anu ucp. W. 80 ,1'e,.
was holicsu' anu rs 1T was l'ot suiPose1 IN wv.
were stochhoiucis' .heN "cie i.eu W ieI..'
nu' tncy ciiose u s'as' asscl'ii.S '"ci
Inc eieclloh proceeueu anu inc oia poau
was reelected except that Albert H""ic rs, Is
substituted Tor Edwaru A. Sowles' ~, nc
STOCK IS divided mo i'oVo shifcs. lHts
received f2S votes n 'u;'lu 'oi H
OF -. a. burton f.; a. '"niIS' oia'ii'
Adams, Geo; w. roster ana aonle" a,
lioyt received foo woes c'St ny H. nv; ~,
Sowles, executor oi iiiraiii ,,eiiu"s, 10y
votes oi T.. A So"ies' "cn' W. rosa.i anu
u. A burton were reIuseu ny tlc Ju"S
those Oh burton anu rostei \ ~ Sn'i'H -
on the ground mat they were no. PIoPclH
stockholders, having become such py ,rahs
Ter by T. a.. Sowies' executor M'llou'
license from inc PROBATE court anu "TC"u,'
oil DINER lhiofihaiiies inc No,c Vi T. "a
Sowles IA shafeS) was uisaIio"r'' on AZ
count OF MS DeiiiS liiion'cu 10 'iic "tliN ""
overdue hapiii'ics- incic WIS i''' rs
ciiciheiil anu ilaru Wofus VIE 'A'ii''iiSeu
,hn ,ransSar honi, frnn, the nossas.ion of Mr.
F. J. Houch,on. Edward 4. Sowlcs cncoun-
tered resistance and he promptly met it |
WIN more iorceLwi,h nlows' II Is sall'
sistancc and in the melee Edward Was struck
on the head and shoulders 10y a blank book
the AdrGtiser says poker tiiat was
con' e.ll,S or.. sorora;o, n",,,er hav;n,,
been hurt. and it still being uncertain which
is the best man. MIR. iiouShton or the cN-
,Iait,L
Ex-Governor Icndrr. the National bank
examiner for Vermont, was in town and was
Sent lor. nc Palieh'll hcIiu 'lc l'it'S'
md will rcnor, to the comptrolIrr of the
currency. Ii Is Claimed by LdwaTu a
hoo,, d.nr;,.J Of ,ba;r votes without ri,rbt