Evening star. [volume] (Washington, D.C.) 1854-1972, 1884-09-27
A Celebrated Case.

From the Boston Advertiser.
Yesterday, in the United States circuit co...f.
at New York. argument began in what is des-
tined to be the great telephone case The
ause is peculiar one, not only in regard to
the great value of the patent issued to Pro-
fessor Bell (now owned by the American Bell
Telephone company, which the defendants in
this suit are endeavoring to overthrow. but in
many other respects as well. The time and
labor consumed in its preparation have been
immense. For months. and in fact for years,
both sides have been taking testimony which
has been printed and Is now to be submitted to
Judge Wallace. with such comments and eX-
plantations as the distinguished counsel on each
side will be able to make in the course of their
protracted arguments. Five hundred and fifty
witnesses have been examined. The plaintiff s
testimony fills three large printed volumes
of about 800 pages each. The documents on
which they rely make huge volume of l 900
pages: The defendants testimony and exhibits,
bound together, amount to four large volumes
The mere abstract of evidence prepared by the
plaintiffs counsel is a book of over 800 pages.
and tie briefs flied on both sides will compose
when taken together an exhaustive and minute
treatise on such principles of the patent law as
are applicable to the case. 1t is very seldom
that the argument of patent suit takes more
than day or two. but in the present case ten
days or a fortnight will be consumed by the
lawyers on both sides. 1t is hoped that by har-
arguing the judge at such length as this the
counsel will be able to give him some notion of
the LAY" of the case. and that in this way his
decision will be rendered comparatively easy
Certainly any plan should be put in practice
which seems calculated to tighten the labors Of
Judge who is bound to examine such mass
or evidence as must determine the decision of
this case, but it may well be doubted if any Judi
cial mind, however capacious, could retain the
Impression of arguments extending over ten
days or fortnight.
The point at issue is. after all, very simple
one. in its statement at least, being merely the
question whether Daniel Draw baugh of Eberly's
Mill. Pennsylvania. invented the telephone prior
to the year 1876. This being question of fact.
might seem to require no great amount of evil
dcnce or research for its proof or dSproof as
the case might be. But it is chiefly in regard to
collateral points that this legal battle has waged
SO long. and it is apparent that SO conducted,
it might almost 90 on forever. Thus witness
Is produced who sWearS that he saw Daniel
Drawbaugh's talking machine at his workshop
IN the year 1877. He Is then asked. by one side
or the other, how he fixes the date which he
has given, and he replies that he knows it was
the year which he has stated because his Aunt
Folly died in that year, or his Uncle Parker
returned from the west, or he ploughed
up his north pasture. The other side then
hunts up evidence which tends to show that
MS aunt Polly died. or the other event, what
ever it was. took place In some year different
from the one which he has stated. Other wit
nesses, again, are produced who. confirm his
testimony; and so the contest goes on, until all
the evidence which can DE procured on the
point in question is put into the case Every
answer given by the witnesses is written down,
vi course precisely in their own langu age; and
inasmuch as many OF the events to which they
refer as establishing a date are household and
family occurrences. the evidence contains a
large amount of sociological Information, ex-
pressed in picturesque Pennsylvania dialect
In TACT, an author in search of material for q
character" novel might find what he wanted
in these interesting volumes
Notwithstanding their length, the arguments
In this case will be followed with keen Interest