National Republican., 1888-02-13
THE TELEPHONE BATTLE.
Description of the Great Legal Lights
Making the Contest.


Making the Contest.
The hearing before the commissioner OF
patents upon the question Of reopening the
case in which Alexander Graham Bell was
granted patent for speaking telephone
was concluded last Wednesday. Six days
were occupied by counsel in reading depo-
sitions and arguing points Of law and prac-
tice. The case involves priority OF inven-
tion Of the speaking telephone, and directly
affects property rights valued at one billion
dollars. The application for this hearing
was laid before the department over year
and half ago. Col. Robert G. Ingersoll
and Frank Hurd, OF Ohio, appeared as
counsel for j. W. McDonough, who claims
to be the first and original inventor Of
useful operative telephone. Roscoe Conk-
ling and j. ]. Storrow, Of Boston, repre-
sented the Bell interests.
The proceedings opened with war Of
affidavlts. Every conceivable variety Of
expert testimony was presented and
argued by opposing counsel. The absurd
and confictory character OF such testimony
was never demonstrated with greater sue
cess. Conkling and storrow presented
only such evidence as appeared likely to
Hurd presented the deposltions OF numer-
Gus able professors and scientists, fully
showing that one Rice, German, was the
original inventor of the telephone, and that
bcDonough was the original inventor OF q
practical speaking apparatus. The legal
| distinctions drawn were nice, and afforded
much opportunity for abstruse reasoning.
Spicy retorts frequently passed between
| Conklipg and Ingersoll. On the first day
Mr.. ConRling was arguing upon the absurd
| ity Of McDonoughs claim for invention Of
| the telephone. ut reminds me,' said he,
"oi certain young man who made coun-
terfeit bank note. This, said the young
man, must be good because ! made IT.
"and,n said Col. lngersoll, breaking sud.
denly In upon the speaker, 'because 1t
would pass" On another occasion Mr..
Conkling declared that McDonough never
had more than the mere egg Of a telephone
invention In his mind. Mr.. Iugersoll re,
torted that McDonough's egg had haS,t.1ed ed
into sublime invention, blH Bel was
even never favored with an Agp. So for
six six days the battle contnVestS: Each lawyer
ana a.. 'alents a. up9p1the commissioner Of pat
EMS, in -upyielding effort, to bring about
! tbstS desideratum Of their respective clients
I final and satisfactory settlement of the
question, Who invented the telephone?
brief description of counsel may not be un
interesting. Roscoe Conkling is called thu
most prominent lawyer in the United States
He is nearly GO years OF age; has a tall, com
manding presence, measuring when cree
over six feet in height; has face indicat
ing great force Of character, and heat
covered with snow white hhir. His elo
quence is stern, sarcastic, and oftentime
intensely bitter. His gestures are few anC
deliberate, and his diction while IL
argument is refined, but when Sc
we're is coarse and irritating
| n q ANAL m with nroat falaDt na ic n
medium height, with spare form and fea
lures, high forehead, and head slight,
bald. His style In argument is clear
simple, and precise. A correct nuency ant
proper arrangement Of emphasis and paus
make him interesting to the most indifferen
hearer. He is never jocular, rarely ironical
and always in deadly earnest. In the rapit
nation Of points he is perhaps without equa
in the country. He enjoys high reputa
ton among his legal associates for thoroug
preparation OF his cases and for truthful
ness in assertion he Bell corporation
employ him coDs' 7rd pay tribute Il
his ability IN O. .Irg.st salaries eve
paid toa g . vi the legal fraternity
!, But superb. both Conk ling and Storrow
in his pure, simple eloquence, in his logics
clearness and b. ny retort, is Robert G
Ingersoll. This han probably resemble
the great Charles james Fox, of Englisl
celebrity, more nearly, In talents and pei
, sonal appearace, than any one now living
A voice Of musical depth and power, tone
vibrating from the kind, assuring notes Q
friendship to the smooth elastic strains {
derision, he wins his way into th
, heart and sympathy of his heare
,, through the several avenues Of ihtell
geDce, admiration, and respect. His hr
NOR is contagion itself. Jokes which woul
provoke sneer for any other man seem I
acquire new meaning when uttered
, the colonel. Through every vicissltude
debate he maintains the same smiling eau
:, nimity In face and manner.
. Even when exposed to the CALLING blai
OF Mr.. Conkling's vituperation
seemed as cheerful as one who had jul
, received tidings OF unexpected prosperit
; One OF the strongest advantages possesse
J, by Mr.. Ingersoll In these forensic o.
q counters is csndor. His language, simp
as that of child, has stamped upon ever
4 syllable the impression Of truth, and tn
= = gives him great advantage In the EXPIRE
sion Of mere personal opinion.
!. Like Mr.. Conkling, he is large, impre
sive, and witty, but, unlike Mr.. Conkln
, this great infidel inspires his hearers wi
. | the idea that he owns an affectionate, syI
:. pathetic nature. He is without doubt tl
y most eloquent man upon the continent
: America, and, but for his religious CO
- | yictiops, would be associated In histo
9 with the names Of Everett, Clay, and Henr
q . instead Of Voltare and Rosseau.
y LOUIS L. PHILLIPS.