Evening star. [volume] (Washington, D.C.) 1854-1972, 1897-08-04
Further Hearing Today Before As
sistant Commissioner Greeley.
MANY AFrlDAVTfs FOR TEE DEFENSE
Mr.. Wilson Wanted to Cross-Ex-
anime the Examiners.
OPPOSITION TO THIS COURSE

this morning before Assistant Commits
sloner A. p. Greeley. Mr.. Wedderburn was
present at the opening of the session. be-
ing represented by Judge Jere M. Wilson
and Mr.. Ford
Mr.. Stouffer. for the government, offered
in evidence correspondence between. We'd
derburn & Co. and several of his clients
Mr.. Wilson, referring to the desire of the
assistant commissioner to have counsel
for the defendant submit evidence in the
form of affidavits, said while he would sub
init a number of affidavits he would insist
upon the right to introduce witnesses for
examination and to cross-examine wit
nesses who had submitted affidavits... In
submitting aff1davits he wanted it distinct
ly understood that he did not waive his
right to call witnesses. No objection was
made by the assistant commissioner to this
course of procedure, and Mr.. Ford of coun-
sci for Wedderburn & Co., proceeded to
read a number of affidavits.
Amdavits for the Defense.
The first Ct these was by VIM. NJ. Stock
bridge, a son of the ex-assistant commits
sioner, now in charge of the search de-
partment of Wedderburn Il Co. He de-
clared that since being in charge of the
search department he had instructed the
searcherS not to make inco mplete searches,
character of the search the case was given
to some other searcher for another exami-
nation.
Another affidavit was by Rexford NJ.
Smith, son of Addison NJ. Smith, who
had been employed by Wedderburn & Co.
since October. 1896, specification writer.
He declared that Mr. Wedderburn had told
MIN he wanted the work thoroughly done
whether 1t took him one or two days to
prepare a single case. He said Mr.. We'd
derburn told him he wanted to get repu-
tation for the finest class of work, and
wanted the work done better than by other
attorneys.
An affidavit of &. F. Funk, recorder
for Wedderburn & Co., was submitted.
Mr.. Funk declared that Mr.. Wedderburn
had instructed him to make careful and
complete searches. and to instruct and
help any other searcher who might. be
less capable to do the same. DepOnent
said when there were delays in the work
Mr.. ellis. while in charge of the search
department, had recommended that box
of cigars De purchased and distributed
among the 'puilers." in order to facilitate
business. While deponent was reviser
he made careful reports. never reporting
case favorable when 1t was unfavorabIe
or unfavorable when 1t was favorable. He
related he had been approached by num-
Der of people to testify against Wedder-
burn & Co., but had said he would be mix
ed up In no such dirty business" He
said in a conversation with Mr.. ellis after
the latter had been removed from the en-
ploy Of Wedderburn C Co.. the latter had
declared that MIR. Wedderburn would be
sorry he had incurred his enmity.
An affidavit by Samuel N Acker.
searcher for Wedderburn & Co., was read.
He said his searches made for Wedderburn
& Co. were as carefully made as were
those he had made for other attorneys
with whom he had been employed. He
had been told to make complete and care
full searches and that Mr.. Gillis had, when
in charge of that department, insisted that
such searches be made. and had declared
to the searchers under him that If careful
searches were not made he would see that
they were made. and that in many cases
when 1t was thought a complete search had
not been made a second search was order
ed and made.
what the Correspondence Showed.
The deposition of Joseph G. GurIey de-
clared that he had been employed by We'd
degburn & Company since September, 1896,
in the correspondence department, and
later was in charge of that department. in
which capacity he had often returned fees
to clients. and had been told by Mr.. We'd
derDurn that whenever he thought fee
should be returned to return 1t. Whenever
an inver ton was found to be unpatentable
no EFFORT was made to prosecute the case
further. and tie clients were informed of
the true condition of their cases. -
Max Abel gave an affidavit that he had
been employed by Wedderburn & Company
since August, 1896, and when Mr.. ellis
was In charge of the search department
he had been detailed to that department AS
searcher. and was told by Mr.. Gilis to
make complete and careful searches, no
matter how long it took him, and at times
he spent an entire day in making one or
two searches. An order was given that If
it was discovered that a searcher had made
an erroneous search he would be ''docked"
for the time consumed In making such
search. He had never reported an inyen-
10 ma font a vzyhQ hn holt tn,
be unpatentable
The affidavit of VIM. C. Gowan was read
He had entered the employ Of Wedderburn
& Co. in January, 1897 as a d-aughtsInan,
and later was detailed as a searcher, and
was instructed to do his work thoroughly
and il February an order was given that
IL a research was ordered in any case and
a reference was found when none was dis
covered in the first search the person max
ing the defective search would be dropped.
Other Searchers' Statements.
c. L. Jackson's affidavit declared that
when a searcher for Wedderburn & Co. he
was cautioned by Mr.. Wedderburn that the
work was to be done as well as possible
In nc case did he make a favorable report
when he thought the invention not patent
able.
The affidavit of George Byrne declared he
was employed by Wedderburn & Co. July,
1896. He was informed by Mr.. Randall
that he was expected to make careful and
complete searches; that he didn't cara
whether he made more than two searches q
day. but that they must be carefully made
At one time. he said, there were twenty
three searchers employed by the company
Mr.. ellis, or taking charge of the search
department posted an order saying search
ers would be held responsible for their
searches. At one time Mr.. ellis posted
an order that twelve searches should be
made daily, IL possible but he did not un-
derstand that that order was mandatory.
but merely to rush the work as rapidly as
possible consistent with good work.
II. H. Byrne's affidavit said that while
he was searcher for Wedderburn e Co
a competent person was at all times in
charge of the work.
He was told to do his work as quickly as
possible, but he did not understand this
instruction to mean that his work was NOT
to be carefully done. -, :.
The affidavit of Alex. J. Wedderburn. tr..
said deponent had been employed by Wed
derburn & Co. from November, 1896. to
June, 1897. and that he was instructed to
make complete and careful searches. and
that he had done SO.
At the conclusion of the reading of the
aff1davits. the attorney said he presumed
the privilege OF cross-examining those maxi
ing afiidavits would be allowed Mr.. Gree
ley said that could be done.
Wants to Examine the Examiners.