The sun., 1880-04-04
rKor. Monsrs n1scoyEnrKs.
The Disnppen-nuce or hi. Orisinai Instru
mcnt from u Sstnas dtass.

mcnt n0m GLASS thse.
In the United States Circuit Court, on Fri
day. Judge Blatchford hoard motions in the
suit OF Priscilla W. PaRo. Administrative. and
the Western Union Telegraph Company. against
the Holmes Burglar Alarm Telegraph Company.
In which the American Union Telegraph Com
pany. the Wabash. st. Louis and Pacific Rail-
road Company. and the Union Pacific Railroad
Company seek to have the decree In the suit al
ready decided 80 qualified as to not affect them
In their business.
Judge Blatchiord found nothing In the afllda.
Wits that charged colusion or malfoa..ance. and
he adjourned the case for two weeks for the
plaintiffs TO mako answer.
The petition OF tho American Union Tele-
graph Company and the Wabash. st. Louis and
Pacific and the Union Pacific Railway Com
panies reotes that they have always used the
machine and devices invented by Prof. Morse
and covered by patents issued to him and no
others. on nll their telegraph lines neyerthe-
machine and dSyiees sS used are an nirnse
meni OF me Page patent; that the suit In qnes- q,
to be affected by the judgment. because
proved thai, the original Morse instrumspt. on
nD %as o made bs
as early as 1895. and contained ali tho essential
parts OF the apparatus and devices set forth In
the testimony OF Page in the suit OF Freroh
Of the Morse apparatus and devices; they could
have proved by Thomas Hall Of Boston
that IL r 1877 ho manufactured s t machine o
vice and combination adjusting or regulating
the length Of the vibration at the armature OF an
described in the @ ish claim o 'ileW the Page az
patent they could have produced an affidavit
OF Morse against O'Reiiiy; also. the defendants
S, Prime fha' Rsss yTots e the Hon x%S:
morse telssraUh; and The d deiendants ants c could i'd
Morse. taken in 1850, in the snit OF French
agninst aga, Rogers. and nd Of 4 d,eonard D. Gale In the
The petitioners say they are rendy 10 produce
before the court one OF the mach ines now and
for many years past used by them In tele-
and II aided by tho process OF the court they
win cause to be produced by the Western Union
presented to the company after his death upon
a comparison OF which It will be seen that the
be q ssd bg s
are alike in their essential parts. and that all
q them have the designs and appliances mon
'T DAVID H. Batss siS S o. the Amori
can Union COniIhny, mhkss nlIluhNlt tnht ne
called at the office OF the Holmes Burglar Alarm
Telegraph Company In February. 1880. and
there saw Edwin Holmes the Treasurer, and
said 10 him that Information had been received
that q decision had been rendered in the suit OF
Priscilla W. Page and the Western Union Com
pany against the Holmes Company: that In the
course OF n conversation about AN appeal Mr..
Holmes said that so far rs he was concerned.
he was done with the case: that he was not tie
real defendant; but that he believed that the
plaintiffs intended to make use Of the favorable
decision. II obtained. to compel telegraph and
railroad c9mpantes m to pay royalty to them
Superintendent OF the Magnetic Telegraph
COmpgny; TINT he WAS intimate with Prof.
Morse from 1Sf5 until his death: thnt Prof.
Morse preserved the original instrument made
by him. and exhibited at the New York Uni
versity in 1885, or the principal parts OF it. and
nlliant To be presented to the Western Union
Company, and that he made the pres entaton: :
that IL vas kept in glass cnse and thrt he
saw II in the reception room on the 22d OF
March, but TINT Prof Morse, in his earl y expert
mcnts used an automatic circuit breaker.
Academy Of Design, makes affidayit that in
1885 hc was a student with Prof.! Morse, and
occupied the same studio with him in the Uni
versity building. and there saw the original
instrument made by him for telegraphic pur-
poses; that some months ago he visited the
mcnt. and found that it had been removed to
the shops Of tho company. where he saw It and
recognized certain port tons. others being miss
ing. He was told that the instrumsn ant had been
taken to pieces in order to make fac-similes OF
1t. On the 29th of March last he went to the
Western Union Office. and there saw the glass
case said TO have contained the instrument. but