Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1888-02-18
4 BATTLE OF LEGAL GIANTS
4 NliDg, Hurd and IngersoH oOEtendinE
in Washington,
New York World,

new 10TH w OIlQ.
WASHINGTON, Feb. 3.-The argument
OF ex- Congressman Frank Hurd of couu-
sci for James W McDopoush Of Chicago,
upon the petition of the latter to reopen
the big telephone case, which was
decided against him and in IA
vor Of the Bell Company nearly
three years ego, vas continued to-day
batOre the Commissioner Of Patents. Mr..
Huri's argument was confined TO teGhni-
Cal legal points on the questions Of fraud,
collision, etc. The enormous interests
Involved in this case mark it RS one of the
moss remarkable ever tried in
any 4 tribunal, and the outcome
of N shOu the final decision be
\ favorable TO the petitioner, will affect
materially not only the general public
VINO use the telephone but the very art
and industry CT manufacturing aid selling
Instruments, the construction of lines
and systems and the operation of ex-
changes.
= A decision favorable TO McDonough's
OF priority in the ps-entiDg of q speaking
telsuhone will break up one O. the rich
est monopolies in the country and have
the Ultimate effect 0tpiSciug the telephone
within the reach Of any one who desires
to use it. The present eXorbitant rates,
which are only 10 maintained in consequence
Of The monopclis!ic character of the en-
terprise will be materially reduced and
healthy competition, which is the best
re gulator Of prices, will bring the annual
RENAL of mschiues down to q easonable
figure.
The present controversy bids fair to be
. battle Of giants in legal and technical
jurisprudence. On the side of the petit
TONER ara srrsyed as counsel Colonel
Robert G. IUgersoll, ex-Congressman
Frank Hurd, Mr.. q. II. Eldred, 3
specialist in the branches of law
embraced, and Charles J. Kintner,
late Chief Examiner in the electrical di-
vision of the PStent Office. On The other
side are ex-senator Roscoe Conkling and
j. J. Sorrow, the latter en- expert In
handling telephone cases. AS proofs
to establish the points claimed
by both sides in the case
Lore than $4,000 printed pages Of
evidence have been introduced. Mr. Hard
will finish bis argument tomorrow and
will be followed by Mr.. Sorrow. It is
understood that Mr. Conkling will then
speak in the interest OF the Bell people,
and thHt Colonel IngersoI will close tie
Case for the petitioner.
The affidavit Of Mr.. McDonough is in
teresttGg, and recounts at come length
the trials Incident to the career of the in
V.ntor, who so infrequentlY resps the re-
ward Of his genius. As long ago as 1867,
ne AYERS, he invented and construct
ed an instrument for the trans
miss on and Conversion Of electricity
into sound, and on August &c, 1871, made
3 memorandum in pencil Of plan for
transmitting speech over the wires. In
1875 constructed fifteen instruments on
the plan he had conceived, and obtained
very satisfactory results from some Of
them. He did NOS designate his instru-
ment 6 telephone, but "teleloge," and
on April 10, 1876 ne fled his application
for patent.
Nearly two years later, on. March 90,
1873, he received notice that he had be-
come party to au Interference. He asserts
that the Bel Company then attempted to
secure control CO his invention, making
various overtures TO him at different
times. The Bell people, through j. J.
Storrow, their attorney, represented to
him that they did not wish to 0ntagonize
him, but would prefer to buy his patents
outright and pay the expenses incident to
taking out IS mSry more as might be con-
sidered necessary, and take him into the
compsny, promising that his name should
be placed at the head of the company.
Alter further negotiations McDonough
agreed TO proposition, and on November
., 1856, received $4,000 from them. When
the interference case came up for hearing
be did not trouble himself to procure
counsel, believing the Bell people we're
setting in his interest and were simply
lighting the claims of Gray, Dolbesr and
others. He afterwards discovered that
the Bell Company controlled all the other
patents and that the case Was surrept-
tious attempt to defeat his clsims.
In his answer TO this affidavit Sorrow
ayers that part of McDonough's state
menA trus ana part fslse. He admits