Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-06-22
COM MENCED AT LAST
The Patent Office Investigation in
Operation Today.
" HAT WILL IT DISCLOSE?
Who and What Are Being Exam
ined by Mr.. Seymour.
THE TESTIMONY GIVEN TO-DAY
v HAT WILL IT DISCLOSE?
THE TESTIMONY GIVEN TODAY

THE TESTIMONY GIVEN TO-DAY
Commissioner Of Patents Lyman at 1890
o'clock this morning began the hearing of the
testimony put forward by Messrs. Church &
Church, the patent lawyers, supporting their
petition praying for the disbarment from prac-
tice before tho patent Office of Messrs. Foster &
Freeman Of this city and Mr.. Simonds Of New
York, ex-commissioner of patents, on charges
of improper conduct a. attorneys.
The charges were filed May II and published
in The STAR at the time. The charges were
made in the form Of petition for disbarment
from practice, which petition in part was as
follows
"Your petitioners respectfully represent that
they are attorneys-at-law, doing business in the
city OF Washington, d. c., and are the attor-
neys Of record In the matter Of numerous ap-
plications Of Daniel Drawbaugh for improve
ments in telephony now pending in the United
States patent Office; that under the rules and
practice Of the patent Office inspection Of pend
ing applications and Of the record proceedings
officers Of the government having such
records in charge, and by the applicant or his
| authorized agent, and only the applicant or his
authorized agent is permitted to take q copy Of
| any such application or record; that your petit
| TONERS are advised and believe that, notwith-
standing these wholesome and time e-honored
regulations. the files and drawings of certain
live pending applications Of their client, Daniel
| Drawbaugh, and Of the records Of ex parte pro-
ceedings Hereunder, were during the months Of
| February and March. 1898, upon the request of
| Messrs Foster 4 Freeman OF Washington,
d. c., a firm OF attorneys retained by
| and representing the interests Of the Amer
| ican Bell Telephone Company OF Boston.
| Mass, and by the consent and allowance OF
VIM. Z. Simouds, then commissioner Of patents,
and Of Joseph L. Bennett, then and now the
chief clerk Of the patent Office, and with the
connivance Of each and all Of said parties, laid
| open to the inspection Of said Foster & Free
man and of other persons. not in the employ
| ment Of the government but hired and paid BY
the American Bell Telephone Company, or by
| the said Foster Freeman, and that said Fos-
| ter Freeman and other persons were per-
| mitted by the said Simonds and Bennett to
make duplicate, and in some cases triplcate,
copies Of said pending Drawpaugh applications
and Of the records or proceedings there
under. all without the knowledge or consent
Of your petitioners or their principal, the said
| Daniel Drawbaugh; that your petitioners are
advised and believe that the aforesaid nom
official persons, other than the said Foster 4
Freeman. who were thus permitted to examine
and copy the records Of the said Drawbaugh
cases were"
| (Here follow the names Of the copyists and
| twelve specifications to dates and the num-
Der Of words copied on each date, which aggre-
gate about 19O, 400 words
land TINT ail said matters were copied by the
said parties at the request of said Foster and
| Freeman and with the knowledge and consen,
of the said Simonds and Bennett Z
"Your petitioners further say upon informa-
ton and belief that shortly before his resigns.
| tion as commissioner of patents and while be
| was preparing to resume his practice before the
I 4
| cause to be made and to be delivered to him by
employees of the patent Office certain other
copies Of the files and drawings and OF records
pertaining to the aforesaid Drawbaugh applica-
tions. which copies your petitioners have reason
to believe and do believe we're wrongfully ap-
propriated by the said Simonds to his own use
and are now wrongfully in his possession, VI
&c, DC.
ALL PRESENT.
Ex-Commissioner Simonds was present thii
morning and was attended by his counsel
Judge Payson, his former colleague in Con
gress Messrs. Foster l. Freeman were pres
ent with their counsel, Judge Jere Wilson. Mr.
Swan and Mr.. j. j. Starrow, counsel of the Bel
Telephone Company, were also present. Chic
Clerk Bennett OF the patent Office was in at
tendance with his counsel, Col. Patrick O'Far
rell
THE INVESTIGATION OPENED.
The room was well filled when the hearin,
began Mr.. NJ. E. Church made q few openin,
remarks and then called for Messrs. Magrude
and Darby as the first witnesses that he desired
| to interrogate.
! Mr.. Seymour said that this matter came t.
his notice in the form of consideration Of tn,
affairs within the Office In this connection h
had questioned Miss Longfellow and she hat
made statement which was on the desk i,
corrected form for the use Of counsel. Th
statement would not be considered IN evidence
but counsel might like to see it for their owl
| information.
| FIRST WITNESS.
W. B. Magruder was first called to testif.
and was sworn by the commissioner. He hs
been patent Office clerk for seventeen years
and since March, 81, had been assistant to tn
chief clerk. Prior to that he in the assign
ment and copying division. He was under Mr.
Muligan, Mr. Kelly and Mr.. Lord chiefs o
the bureau. Mr.. Magruder told of the cours'
the request for a certified copy Of an applica
ton for a patent would go il regularly flee
with the Office He went into the matter il
considerable detail, showing the long cours
taken IN the Office and the large amount Of rec
tape that had to be cut and tied before the re
quest was granted.
II q petition were filed for leave to have
copy made this would not be filed with tn
mail room as the other would to get its mum
Der.
DRAwBAUGH PATENT.
Mr.. Church, who did the examining. said tina
te had before him petition from the Ameri
can Bell Telephone Company by its counsel
Mr.. Swan, asking for permission to examine tn
application for a patent for improvements il
teephoning Of one Daniel Drawbaugh, filet
July 26. 1880. and known abandoned ap
plication. The petition was sworn to Februar.
18, 1923. and was indorsed on the back on tn
same date, showing that the permission hat
been granted by Commissioner Simonds. At
tached to the petition was paper bearing
number Of stamps and statements written Of
the back. The witness explained at length hov
such slips came to be attached.
On one paper was stamped IA. s., 1878
patent office" and date. The letters A. 4 S.
he explained stood for the American Bell Tele
phone Company and its attorney. Mr.. Swan.
Mr.. Magruder then explained the signifcanc
of the other stamps and Inducements on tn
back Of the papers, which again showed tn
routine followed by such petition.
FURTHER MARKS.
Beneath this last stamp written "tracin
ordered" The date, March. 1898, was ais
written, and the cost SiO, with some initial
showing through whose hands the petition ha
gone At the bottom of the paper, written i
red pencil, was the word special" This, th
witness said would indicate that the order ha
been made special one. Usually it was th
chief of- n division who made an order n epaci: