Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-12-03
Application Antedates Ma
teriaI 1t Is Written On.
EXPERTS GIVE TESTIMONY
Another Point for Prosecution in
Patent Fraud Case.
TROUBLE WITH WITNESSES
Hard to Get Desired Evidence Re
garding Date Drawing Was Made.
Barton's Predecessor on Stand.

The government introduced half dozen
| out-of-town witnesses today in the trial
| of the patent fraud case against John a.
Heany and Henry Everding. The evil
dence at times took on a character of ex-
pert testimony.
| The government showed today that
| some of the paper found in the folders
relating to patent applications in which
Heany and EverdinS were interested was
! made in 1907, although the patent was
asked for in 1909 The paper was eX-
| amined by paper experts, among them
Sidney Whiting of the Whiting Paper
Company of Massachusetts. Typewriter
specifications of patents and claims. and
also the names of Heany and others in
terested in the application, were trans
scribed upon it.
District Attorney Baker introduced three
witnesses who were so hard to handle
that Justice Gould sighed with relief
Percival X. Reed of Philadelphia was one
of these.
Objections Block Evidence.
|. After half an hour of the most search
ing questions, Mr.. Baker found out that
Reed worked for craftsman, James
Wobensmith by name, and that he car
ried a drawing with John Allen on
it to Everding. Mr.. Baker wanted to
show that John Allen" was really John
Allen Heavy His efforts were blocked
by objections.
WObensmith the craftsman. was an
other hard nut for the government to
crack. He had all his bookkeeping
pa-aphernalia in court and attempted to
Judge Gould raped him good and hard
and sent him off into corner to prepare
his evidence so it could be presented
without losing an hours time.
| The sum and substance of a hard grind
by the district attorney was that Woben-
smith made "a drawing dated June g, 1903,
and charged it to Everding. The dates
are important in this trial because the
government is going to show, If possible,
that drawings were inserted or changed
in the patent office after the application
for the patents in question
T. Roseman was the last Of the tooth
pulling trio. 1t was so hard to get any
thing out of him that Mr.. Baker came
near losing all patience. All they wanted
him to tell was that he had done three
hours work once for Mr.. Wobensmith.
Paper Experts Testify.
The paper experts were the most in
teresting of the lot. Their evidence gain
ed point for the prosecution.
The paper which the government claims
was substituted or inserted in the patent
office files bears a peculiar water mark, a
design made up of the letter W. and an
acorn. Clifton Johnson. artist, of Had
ley, Mass, said he designed that special
water mark and identified the typewriter
sheets as Whiting paper
Sidney Whiting followed him and de-
clared that the special water mark was
never used until after April "a. 1907. He
produced the written order which he sent
through his mill changing the marks on
the machines which manufacture the
paper.
The rolls from the mill were shown to
the jury. This evidence was followed up
by the superintendent of the mill and
the man who did the work Of putting the
mark on the rolls.
Leonard Day, formerly of Washington.
now of New York, and who preceded Ned
Barton as assistant examiner in the pat
ent office. testified that he had per-
fectly clear recollection of the applica-
ton in the patent Office which Barton or
some one is supposed to have changed.
Interlineations Made Later.
He declared with positiveness that tine
interlneations mentioned in evidence yes
terday and shown on the exhibits in the
case were put in after the papers first
came to the patent Office. He also said
that his signature on a letter to John AL
len Heany in relation to one of the pat
ents was not written by him.
At the conclusion of the testimony this
morning the court adjourned until Mon
day.
Yesterday afternoon, being cross exam
ined, Mr.. Kinnan said it was a common
practice for applicants to talk with exam
ers about the details of applications. At
torney Douglass put Mr.. Kinnan through
searching hour. in which Mr.. kinnan
admitted that the interlineations on the
papers in question had been made by two
people.
He was asked about each letter of the
handwriting In detail. His version of how
he knew Barton's handwriting caused a
litter of laughter:
I'm not a handwriting expert. but I
know the handwriting because l know it,
Just the same way 1 know you are you
when l see you"