The times. [volume] (Washington [D.C.]) 1897-1901, 1900-05-24
ORDNANCE PATENT suit
Taking of Testimony in the Case
Begun Before Justice Cole.
The Court Room Transformed Into a
Miniature Arsennl-MOdels Exhib-
tied to EnliEhten the Jury ms to
the Working Of the Disputed
TrunniOn Bearing-First Witness.

The trial OF the suit Of the Sir W. G.
Armstrong Whitworth Company, Limited
of Newcastle-on-Tyne, England, against
certain officers Of the American Navy, to
recover $4,000, claimed as damages for
the infringement of patent rights for the
construction Of heavy ordnance, was begun
yesterday before Justice Cole. in Circuit
Court No. I. The officers named as defen-
dants are Rear Admiral Charles O'Nell.
Chief OF the Bureau of Ordnance of the
Navy Department.; Alexander H. McCor-
mick, Commandant OF the Washington
| Navy Yard, and Commander Edwin C..
! Pendleton, superintendent Of the naval
/ gunshop.
The plaintiffs are represented by Messrs.
| Wortbington, Head & Frailey. and Bald
win, Davidson Wright, patent attor-
! neys, and the defendants by Ashley VI.
Gould and Patent Attorney Ernest Wilkin-
son. Joseph Horner. former commander
in the British Navy. was present, repre-
senting the Sir W. G.. Whitworth Company.
The suit is brought to determine the
. ownership OF a certain invention called
''trunnion bearing" for heavy ordnance.
and when the proceedings were begun yes
terday the courtroom had somewhat the
appearance of a small arsenal On the
desks and tables in front of the plaintiffs
attorneys we're number Of models made
of wood by which was demonstrated to the
jury the working of the '.trunnion bear
ing in dispute. The wooden models rep
resented miniature eight, ten, and twelve
inch ordnance used in the army al d navy
In front and to the right of the fury was
placed an exhibit which will be offered
as evidence by the defendants. This is a
small machine weighing about 1000
pounds, also introduced to show the work
ings of the "trunnion bearings" The
parts of the models introduced both by
the plaintiffs and the defendants showing
the workings Of the "trunnion bearing"
are very similar, the main question being
as to who are the inventors and when the
inventions were patented.
The first witness called for the plain
tiffs was Arthur d. Browne patent at
torney and also practical expert in
''trunnion bearings"
The officers named are sued in their
individual capacity. because suit could not
be brought against the United States Gov
eminent. Two suits have been filed by
the Sir W. G. Armstrong Whitworth Com
pany. the first was filed In June, 1897.
claiming $4,000 damages. and the other
in July last, asking twice this amount In
the first Of these cases only Commander
Pendleton and Admiral O.Neil are named
as defendants.
These cases are considered the most i'm
portant, and, all things taken into con-
sideration, the most interesting civil pro-
ceedings which have come up for consid-
Grafton before the Supreme Court of the
District. The damages claimed by the
Whitworth corporation are in the way Of
royalties due for the infringement of a
large guns for the United States army and
Navy. The particular invention in ques-
tion is an improvement in "trunnion bear
ing on heavy ordnance. which is said to |
be the most successful appliance: ever used |
in the moving of large guns. The plaintiff |
alleges that the continuance was invented |
by Ralph T. Brankston, and that 1t was !
patented In 1883 by him, and that he after |
ward sold all his interest in the invention |
to Armstrong Mitchell & Co., of England.
who later assigned its patent rights to the
plaintiff. 1t is claimed by The Armstrong
Whitworth Company that for several years
the United States Government has been
using the invention referred to in the man.
ufacture of its guns. large and small for
use in both the Army and Navy The
plaintiff states that he made demand on the
Government for royalty, but that it was
refused
In the event that judgment is obtained
against the defendants in the suits pend
ing. the plaintiff expects that Congress will
make an appropriation to settle the in
debtedness.