Evening star. [volume] (Washington, D.C.) 1854-1972, 1897-11-15

for obtaining money by means of false and
fraudulent pretenses, representations and
promises. is, in my opinion, one wherein In
ducements are held out, either OF Inn
mediate or of future benefit, which are
either at present untrue, or could, by prop
er Inquiry. have been known as impossible
of realization, and which it was never IN
tended should be realized. In other words.
to express an opinion that a certain device
is very valuable, and no doubt of pat
entable nature. without any consideration
whatever of the device, for the purpose Of
inducing the party to pay money for
search of the records of the patent office
and ultimately to make application for
patent, when 1t was self-evident that this
field Of invention was Overcrowded, and
that no patent could be obtained; or. even
ii one covering limited claims could be Sc
cured, 1t could in no event be valuable,
amounts. in my judgment. to fraudulent
representation. Even II the scheme stopped
here 1t would be reprehensible; but parties
submitting inventions to Wedderburn e
Co. were advised, without preliminary
search or investigation or study, that they
were worth anywhere from 5000 to $2O.-
900. Why this representation Ut 1t were
not to defraud) since 1t was made without
any inquiry into the state Of the art or
commercial conditions?
1.-THE letter giving the estimate discloses
its object. It is to induce the remittance
of IS. for a search Of the records Of the
patent Office. The Inconsistency of this
letter, which states in positive terms that
there is no doubt Of the patentable nature
or the novelty of a device. yet advises the
expenditure Of money to confirm those as
sertions, is apparent The fact that in over
10000 cases Wedderburn & Co. sent So
called unfavorable report letters Is an EVIL
dence that they made these statements to
mislead. for from their own admission 1t
appears in every instance where party
sert device for an expression Of opinion
he was advised that 1t was certainly OF
patentable nature, very simple. and novel.
C0rI1d cd
in good faith as Of a patentable nature and
valuable? The results show that these
were fraudulent representations. made for
the purpose of inducing the payment of
money for searches. While this letter CIV
ing a direct estimate Of large value was
not sent in all cases, 1t appears to have
been a part of the scheme, and Is in evil
dence in many cases where, beyond ques-
ton, there was no patentable matter what
ever.
ITO induce a person, by expressions of
opinion, to believe, and upon such belief to
expend money, that he has a device which,
If patented, will be very profitable to him,
which expressions any patent attorney OF
reasonable ability would know are not cor
rect and never can be; by stating that
device is certainly of a patentable nature
which, while technically true, Is intended
to convey the impression that a patent can
be obtained therefor; by asserting that
every device submitted Is very ingenious
and valuable one, which reckless assertion
is a mere matter of form; by placing ridicu-
lous values on devices presented; by re-
porting so-called unfavorable searches in
an Intentionally evasive and indirect man
ner, and awarding medals for special merit
for every device reported favorably. GER
tainly amounts. II anything does, to obtain
ing money by means Of false and fraudu-
lent representations, pretenses and prom
Uses.
All Under the Ban.
1.-THE facts referred to herein, which are
established by the proofs. will, think,
satisfy you that John Wedderburn John
Wedderburn & Co., and the National Re-
&C rder have all been shown to have Joined
in devising a scheme for the purpose Of
obtaining money or property under false
pretenses. and have conducted a scheme
or device for obtaining money or property
through the mails by means of false or
fraudulent pretenses, representations. or
promises, and that you will feel justified
in issuing an order forbidd.ng the delivery
Of mail to any or all of said parties. That
transactions under consideration is not
disputed; that the National Recorder is
also involved in the same has heretofore
been pointed out in this report; and that
John Wedderburn individually is included,
is clearly shown by the fact that he ap-
pears in his individual name as attorney
of record in every application filed for
patent-by the further fact that he is
shown by the files of the third assistant
postmaster generals office to be the man.
ager of the National Recorder, and fur
thermore, that in the recent attempt to
transfer mails addressed to John Wedder-
burn and John WeGderburn Co. to ". D.
Stockbridge Co., Mr.. Wedderburn, over
his own signature. states that he las well
as the company has sold his patent bust
Tess to Stockbridge & Co. No further
proof Is necessary to connect each and all
OF the parties with the scheme"