The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1885-11-12

Gray in the interference case but who, he says
really represented the combination in that suit,
conceded the discovery of the broad art to Mr..
Bell, and claimed for Professor Gray only adj
vice or improvement on that art. Mr. Gray says
he did not know, until long time after, that
such was the case. The arguments in the case.
he says, are in harmony with the main intent of
the combination, and were made to carry out its
purposes The combination claimed Mr. Gray's
caveat, and all rights Hereunder, by of
his conveyance to the Harmonic company. Mr..
Gray says he did not intend to convey it. Mr..
Gray says that after he was informed
that he had been wronged in the Pat
ent Office, touching his caveat either
by design in disclosing his secret,
by remissness or accident, and that it was the
discovery with which Professor Bell first trans
mltted speech, soon after his (Grays) caveat
was fled he had the said conveyance examined
by counsel and was advised that said convey
ance did not cover the caveat, but only certain
SPECIFIC patents then granted, and which were
supposed by the purchasers to relate, among
other things. to telephony, and which patents.
they oeileved. although not granted expressly in
reference to that art, yet embraced principles
that might be controlling in contests touching
IT, MIR. Gray says in conclusion. thas he was
mlsied by the assumption on the part of said
company and its assignees that his contract COW
cred said caveat, and that he labored under this
mistake until he had the contract examined, AS
already stated.
Mr.. Young also read letter from
himself to the counsel of the
Bell Company, calling for the production of con-
tracts alleged to have been made between the
Bell Company and Elisha Gray, the Gold q
Stock, and Western Union Companies Blake
Berllner and others. In his letter. Mr.. Young
explained that he wished to establish by these
contracts that the alleged telephone inventions
of Bell were invalid; that the Dowd suit was in
conclusive, and was only brought to obtain
judicial decree sustaining the patents, and that
Bell and his associates entered into unlawful
combination to control all telephone discoveries.
In answer to Commissioner Montgomery, Mr.
Young said that he expected the counsel for the
Bell Company to produce the papers to morrow.
If they failed to do so, he would endeavor to in
troduce testimony, showing the nature OF the
papers required.
Mr.. Starrow then opened the case for the Bell
company. He said that this proceeding was an
effort to reopen the suit discontinued at Mem
phls; the afidavits read here were merely copies
OF afhdavlts used in former suits Mr.. StafrG|
summarized the voluminous evidence that had
been taken in the suit pending in Baltimore
brought by the Bell company against the Wash
lngton company. One afidavit-that made by
Mr.. Wilson, who was associated with Bell in his
researches-described the public reception of the
telephone as something unknown to mankind be-
fore that time. Bells instruments exhibited at
the Centennial Exposition were explained at
length, and the assertion made that Gray was
one of the persons who examined those instru-
ments. In his testimony in the Dowd case said
Mr.. Starrow, Mr. Gray said that was the first time
IN his life that he had ever listened to telephone
receiver. Mr.. Starrow, reading from the re-
ports Of the Baltimore trial, took up the affida-
Wit of Geo. Clifford, chief counsel for the West
ern Union Telegraph Company in the Iowa case.
wherein he admitted that the Western Union
Telegraph Company acknowledged the validity
of Bells patent Then he referred to the affida-
Wits of Mr.. Bell and his attorney, Bailey Pol
lock. as fully meeting the allegations of irregu-
larity in the issue of the Bell patent. An affida-
Wit by Lieutenant Guy, of the district police.
was presented, to show that Wilbur had been
arrested many times, last August for intoxica-
ton, and on at least two occasion, between the
max ng Of the two afidavits for the Memphis
citizens
Speare, In which he declares that all of the pro-
eeedings attending the issue of the Bell patent
were regular in form, was read
AT this point the hearing was adjourned I'M
til tomorrow