New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1881-03-06
6uerial Notlees.
A Bad Temper
BETTER THAN
BAD MORALS,

shows that their public defence Is equally weak with nat
which they made court They begin defence with
promise TO publish their side of the matter hey call upon
lawyers witness the absuty Of presentation OF the
without giving their rebutta testimony AS they
then proceed 10 plead the obi and familiar answer OF mot
guilty. make their OF the ana carefully avoid
quoting single line Of their testimony ebuttao or other
wtse It is that they do consider 1t worth
quoting On this point all parties are unanimousit was oil
value whatever Referring to the rebual evidance OF
Mr. II. K. Thurber himself the decision SAYS
"The defendant Parshall and Mr. II. K. Thurber
both examined 10 these conversations with Richards and
them their directly squarey contra
dsted MchaIds yet on careful examination Of tae tss y;
that gwen by Richards In examining the testimony gwen
he had mol ne slightest scofteoS Of having Rich
fore he nndertakes 70 tssy "a 70 what he did not say in
conversation between himself and Richards which ts Gear
formed, no One kno0s hon."
Formed kn0o hoW" expresses the value attached
Tburbers testimony the court The other rebutta
testimony have possessed equal weight since ddnot
the Messs Thurber from perpetual Injunction and
assessment Of pecuniary damages.
The impression cunnngy sought to be conveyed by tne
ThurbeTs they innocent purchasers Of the imta
toD and that after into their hands its similarity 10
appearance to SAPoLo quickly and voluntarily changed
But what are the facts
The evidence shows that they bought article Of securing
and polishing soap July l. 1874 and have owned and
controlled since that date It shows that not until
after they bought put In shape TO resemble ga
POLIO. ltWaS they VINO auOpted
ing OF sAPOLIO. On this point the decision
The defendants discontinued entirely the use Of the red
band IN 1915 T9 reason mat they ASSIGNED Gr TINS S 69at
faded than the blue and that wos more
W 4G W S4 sones %
that hte trouble TO put red band around All their
cakes put blue band Ground then think Il
clear the that paper o Ss Drs
paper Of blue color Of cS1Tse apparent thsb VIII n
up with band Of nAmarne blue than would in band Oh
ultrama rne blue"
M.
sale accustomed energetic way Enterprise"
hardly word that properly the manner in which
the was puzzled. The opinion speaks of IL thus:
he SS sqS uG eE anE s ep
When found thar bars Of sap we're unsatisfactory
polished par and the face rejected therein with the variation
OF 9E mao n den Ss ns h SaSsUr puTposs
mating ct last in the psntn uramarine blue What
ana ignorant buyers Jet eyade By apparent
b@ the retail rrocsrs through the 1St Of reduced prices
aud increased proh thus making allies o. tassg men io te
toea fs snrp1se and snerg nor 20 0Tsatke as demGnd
mat competition and 10 promote monopoly"
As the court is impartial unprudced and bases It's
opinion and the evidence Including the Messrs
Thurbers rebutta tho statement Of the
Messra Ihurber hardly with the weight OF convic
tiOn.
The statement that the article called the Pride OF the
had been and exhibited alongside OF SAPOLIO
for yes without objection from US Is true 50 long as
yas dsmar in appearance sold It's makers upon
its merits and under its coors we cared nothing
ahout had right TO exist that other
article had But when after It's purchase by the Messrs
Thurber Il was put up a style exactly like SAPOLIo
that IN MI H. X Thurber himself said ne soaps alGe
and ey ouid not told apart" we objected strongly ana
10 some purpose.
This leads to the consideration Of following
ThurDers in their newspaper deeace
.snce we became Pride OF the Kitchen we
have completely changed the OF the 50
imitation ofany other securing cleaning ana polishing
preparation"
Reading the limos that the preston sought
to be conveyed that the Initiation something prior TO
Thurbes purchase that when they bought the article
they r0iuHttritv changed ITS appearance
Let us see Tho Thurbers bought the article in 1874 In
1879 they adopted the distinguishing band Of >APoLIo The
I'm their hands tie imitation proceeded by
regular steadily advancing steps" They changedt
when the decision rendered this because
then tfye ordsrsd do by ne supreme Court and
sesssd damGgeL That sort Of energetic way which
the Messrs not probably familiar WITH but
decidedly ehectual.
Asa wild appeal the whole defence Of the
Messr Thuber high rank On fact their only defence
Is Wild "tOo wild" to have any weight in Of law,
and e1uay the OF public opinion. The public
body shrswd and discriminating They know very well
that imitation cannot possess any merit OF ITS own
that price They distrust the article made by
the Thurbes which sold the supreme Court states only
unsuspecg purchasers could not detect the differ
euce and SAPoLlo; and which, several lady
housekeepers testified In court erumbteS and seratchss
The large sales which the ThufDefS claim 70 nave re-
suited their peculiar enterprise were shown the
trial OF the comparatively insignificant The mighty
tbres Of the noun labor nuuce the gOcers keep
and the public buyho four years practice Ofraud and de-
cepon. brought forth only small mouse The Thur
bers were examined this and from their testimony
given books the gathered the following facts
BOreE
The quantity put up this suit brought anOunt
Of ali that the Defendants have made
Remained unsold on 18th of December. 1873
tits far conclusion think. that OF these Se6s boxes
ELECTED by the fraudulent and deceptive PRACTICES before
eight h grocers whose habits n Ills regard have been
sSSsfs PG pr srn spp for and Wishing 70 pnrShaSe
sapOo and that the purchasers wsto aS9ay eesived IL
ers m Their store OF the Kitchen TO persons applying
sy or Sy their clerks deliver former the
have done 50 ns I9 Ss aon WAS Sbe to the
for consideration aud report lhs ,esvey small amount
Gus and persistent efforts made TO get the article into the
m les made and put up by defendants oct "a
s74 they sod Dec 49, 1873 only 7S46 boxes IN
period II over three years"
Al a. box the price imitation the Thurbers sold
themselves continued Of dhonor and knavery for
year gross Four thousand dollars worth of Pride
Of the Kitchen the large sales -he results thatfollow
when I'VE began puShnB Us So III our acous'Onen eneBeuc
way"
in its process of manufacture is far superior
and more costly article than any other polishing
and acquiring soap in the market 1t bears about the
same comparison others piece Of fine French Eng
lh cloth bears 70 shOddy French calf TO split
leather And equally superior In its lasting pToDesS
e lasting longer three cakes of other
soap or three onepound packages OF powder Moreover 1t
pey scratches crbles numerous lady Wtnesses-a OF
them houseEeeperstesined their experience with the
article made by the Thurbers lth sold % al grocerA ln
nng nn for IT, insist upon having IT, accept no intauon
or inferior article for H. It is the best anu cheapest
: s,.n a. the imitation were sold At Re. a caka
ENoCH MoRGAN'S SONS Co..
No. 22 PARk.PLACE, n. Y.
Art sale.