The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1897-04-07

The United States court convened
yesterday afternoon. Judge jackson
having returned from Philadelphia.
where he went to accompany Mrs, Jack
Ron home 10 PaTksrsburg. AZ the az
ternoon session case was brought TO
trial before a jury that involves about
$4,000. and viii no doubt be bitterly
contested.
II Is the case OF the Barnum- Richard
con Company, Of Connecticut, vs.. the
Ensign Car Manufacturing Company.
OF Huntington, manufacturers OF rail-
road freight cars and car wheels. Quite
an array OF legal talent 10 engaged on
either side. AIessrs. Henry c. simms
and Frank B. EnsloW. OF Huntington.
and Mr.. Henry 81. Russell, OF Wheel
ing. are counsel for the Ensign Com
pany, and 3lr. 4. J. Clarke. OF Wheel
ing, and eastern attorneys. Fepresen;
the plaintiffs. Among the interested
spectators are Major Ell Ensign, treas
urer OF the Ensign company, and the
present mayor OF Huntington. together
with Colonel W. II. Banks and other
officials OF the same company.
The following Jury was chosen and
sworn IN: c. L. YeBRer, II. r. Hobbs,
]. W. Davis, Andrew Doty, W. B.
Leach. Robert Simpson. ]. l.. SaWtelle,
Matthew AhmeyeF, c II. SensenY, F.
p. Jones. r. B. Merchant and James L.
Dickey.
tin then stated his case 20 the jury. He
said the title OF the proceeding Is the
Barnum- Richardson Company, OF Con-
necticut, and Jacob 81. Barr, VI. the
Ensign Car Manufacturing Company,
OF Huntington. In This state. On the
sixth Of January, 1881. the Baruum-
Richardson Company and Jacob u.
Barr became owners Of letters patent
on improvements IN the manufacture of
chilled car wheels. The Ensign Car
Manufacturing Company was q manu-
facturer OF car wheels and YVES anxious
to have q license under these patents.
An agreement was made on January s,
1881, by which the defendent company
was permitted to manufacture wheels
during the lives OF the two patents own
ed by the plaintiffs. II would be found
that the lives Of the patents were OF IN
equal length. The FIRST was what has
become known as the Wilmington"
patent which expired about 1855. The
other. known as the Barr" patent. ex-
plred on March Is, 1887. Under the IL
cense issued 10 the Ensign company,
that corporation was TO make quarter
~ reports 60 the plaintiffs OF the num-
Der OF wheels manufactured and pay a
royalty at the rate Of ten cents for each
wheel The first report was made In
April. 1851. II would be found that the
deEendent company carried out the
terms Of the agreement and reported
each quarter the number Of wheels
made, until about the year 1885, when
on application OF the defendent COM
pany. the royalty was reduced TO i've
cents for each wheel Royalties were
paid regularly until April. 1899, II
would be found In the agreement that
royalties were to be paid during the life
OF the later patent. which did not ex-
pire until last month. After April, 1889,
the defendent company made no pay
ment OF royalties. His clients claimed
ROYALTIES for the wheels manufactured
since April. 1883. up to March IS, 1887,
when the patent expired.
Court then adjourned. but this morn.
ing AIr. SIEnms will state the Ensign
Company's case. Invalidity Of the pat
ents Il the ground OF the claim that Will
be nade. with interest, the sum OF $780,
900 Is involved in this suls.