Rock Island daily Argus. (Rock Island, Ill.) 1886-1893, 1888-05-08
TELEPHONE DRAWBAUGH.
HE ASKS THE SUPREME COURT TO
PEVlEW HIS CASE,

And Argues That the Learned Judges Were
All Wrong Last Time-one Day In the
House and No Tariff Talk-The River
and Hurbor Bin Goes Through with
SEQ, 900. 900 In It-Notes.
WASHINGTON CITY, May s.-A petition fol-
rehearing of the Bell telephone cases was
filed in the clerks office of the supreme court
yesterday by counsel for the Peoples Tele-
phone company, who claim that Daniel Draw
baugh is the real inventor of the telephone.
Copies of the petition were distributed among
tho justices of the court, and it is probable
that the matter will be considered by them
this week in the recess of the court and the
decision therein announced on next Monday,
when the present term Of the court closes.
The petition claims that tine court over
looked certain evidence, which If considered
would render n verdict certain for Draw.
baugh. 1t states that the opinion of the
court divides the evidence into three parts
First, the scores of witnesses who testify
to using Drawbaugh's telephones previous to
Bells patent in 1876 OF this class of evidence
the opinion says it would force the court to
decide that Drawbaugh had telephone be-
fore Bell, were it not for the second class
of evidence, which shows what Drawbaugh
Bells invention, down 10 1850, when this
suit commenced, and the third class OF
evidence, which shows how Drawbaugh's
telephones worked when put in evidence and
tested
The petition alleges that the court says, in
its opinion, that il would have decided that
Drawbaugh was the first inventor, and had a
telephone before 1875 if, after 1876 when Bell
had secured patent and exhibited his tele-
phone at the Centennial, Drawbaugh hGl alb
solut ely claimed to have antedatod Bell; had
tried to get his friends to back him up in a
contest with Bell for patent, and had taken
an interest in telephone matters generally
The petition states that the evidence proves
that Drawbaugh did not see Bells telephone
at the Centennial; THAI he would have falsi-
fed if he had averred that he knew he ante
dated Bell, because he had no knowledge Of
when Bell made the invention, only when
Bell patented it, that he did most strenuous
ly urge his friends to back him up in apply
ing for patent after 1876, and making n
contest with Bell at that time, but that this
necessitated great expense, and at that time
the value of the telephone was not known
anyway, he made the effort the court thought
he should have done, and his friends declined
to act.
And he also did take an interest in the
telephone after Bell secured patent, rs the
evidence shows that he invented and com
peted the highly organized and perfected
carbon telephone in 1877 and made further
improvements in 1878; also constructed
double machine in 1878, and in May, 1873,
six months before the Blake transmitter was
invented he exhibited a perfect carbon tele-
phone on Steed's private line at Harrisburg
The evidence Of scores of witnesses shows
hat ,,,, rl,iI,
perimenting with his telephones from 1876 to
1880, as the court thinks he wOuh have done if
he had had telephones previous to 1876. Does
not the evidence show that Drawbsugh did
do the very things which the court are of
opinion he should and would have done under
the circumstances if he had the telephone! If
the record shows that Che court has over
looked this evidence, then would not the OK
istence of such evidence work as potently to
prove Drawbaugh's conduct consistent, and
that he did have telephone, as the absence
of such evidence would to prove his conduct
inconsistent and that he did not have a tele-
phone3
The third-class of material testimony consid-
cred by the court in its opinion says the lreti-
ton, was the tests made to show whether the
original and the reproduced instruments of
Drawbaugh were telephones. The court in
its opinion says that the New York tests were
made under the most favorable circum-
stances. The petition setS out that the New
York tests We're made with reproductions
not made for the purpose, and Which were
acknowledged by Bell exports to be in bad
working order, yet these Instruments did
transmit sentences, and proved to be com
plete telephones at the New York tests. The
Philadelphia tests were made with reproduc-
tons differing only in being made more care
fully for the purpose, and did transmit as
well us any Bell telephone ever used