The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1880-01-13
IC0nmunisated.J
Wait w. Starkp.

LONG AND INTERESTING LAWSUIT ENDED.
FMS suit was commenced in 1870 by
george watt filing bill in which he
charged L. II. S'arke with having infringed
and used three OF his patent rights. cover.
ing about twenty patent claims. The case
stood on the docket till 1872, when the
| Court ordered three issues to be tried COW
erlng the claims in the first patent-to-wit:
First, was George Watt the original inyen-
tor OF the thing patented second, was it
new and useful; third, had Starke at any
time iniringed said patent rights. On all
these issues the jury found for the defend
ant Starke, after trial OF several davs.
! This patent was for what is known as the
"breast improvement" designed 10 pre-
vent ploughs from choking with weeds and
| trash.
! The next step was TO try the second pa.
tent. Watt abandoned in court the charge
in that case. At the last April term the
Court required the parties To make up is
sues to be given TO jury to try the matters
involved in the last or third patent, in
which there were ten claims and specitica-
tiOns. Mr.. Watt chose to rest his case upon
two points: First, the mode OF fastening
the handles OF the plough; second, as to
the m0uld-bOard, claimed to be wider at
bottom than at TOP, designed to throw dirt
to corn or vegetables without covering the
plants, and allowing about two thirds to
fall back IN the farrow and upon the OPEN
ing OF the case the contest was finally mar
rowed down TO the ld-board-Specifca-
tion 0.
The following issues were submitted to
the jury:
l. Whether the plaintiff Watt was the
original and first inventor or discoverer OF
the Improvement claimed in said Specitica-
ton 0, or OF any material and substantial
part thereof.
z. whether the improvement claimed in
SAID Specification 0 had been in public use
or sale In The United States for more than
two years before the said Watts application
for said Patent c.
3. Whether said improvement claimed In
said Specification 8 OF Patent C. had been
patented or described in some printed pub
lcatlon prior to said Watts supposed in
yention or discovery thereof.
The examination Of witnesses and argu-
ment occupied the attention OF the Court
for six days. The case was submitted TO the
jury with The instructions OF the Court, and
upon all the issues joined the jury found for
the defendant. Judgment was accordingly
entered and a new trial refused.
Counsel employed in these cases were
Judge Haly yburtOn, John A. Meredith, John
Howard, and George Haw for Watt, the
plaintiff, and Judge Robert Oud forth de-
fendant Starke.
The plaintiff, by his counsel, Judge Mere
ditb, asked that On appeal 10 the Supreme
Court at Washington might be entered;
whereupon the case was certified to that
court and copy Of the record forwarded.
AT the recent session Of the Supreme
Court at Washington the appeal was argued
by Judge Meredith for Watt and Judge
Ould for Starke before a bench OF seven
Judges, and after consideration by this court
the decision of the Circuit Court at Rich
mond was affirmed, thus deciding the whole
case in favor OF Starke.
Thus has ended case which for ten
years has excited as much interest as per-
haps any ease which has been adjudicated
by the Federal Court OF this district.