Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-12-01
Prosecution Describes Trick.
cry 1t Promises to Prove.
JESSE ADKINS OPENS CASE
Trial Against Heany and Everding
Goes on With Barton Eliminated.
OFFICE EMPLOYEES ON STAND
Tell of Methods of Procedure in Blu
reau-Defense Reserves Its
Opening Statement,

The trial of John A. Heany. inventor, Of
York. Pa. and Henry f. Everding. pat
ent solicitor indicted jointly with Ned W.
Barton. formerly assistant examiner in
the patent office, on four indictments
charging forgery. substitution in the rec
ords and conspiracy To defraud the
United States. was Continued this morn
ing in Criminal Court No before Jus
tcc Gould
Barton pleaded guilty to the charges
Yesterday and was sentenced to serve
three years in the penitentiary. The trial
proceeded against the other two defend
ants
The plea of Barton, while removing him
from the trial defendant. did not
eliminate him as factor in the alleged
conspiracy. Jesse c. Adkins. special as
sistant to the Attorney General, who
made the opening statement for the prose-
cution. referred to him several times in
his remarks.
The proof, he declared. as to any of the
overt acts alleged to have been performed
by Barton in furtherance of the alleged
conspiracy, will be offered by the gov
eminent just II Barton were on trial
The defense reserved its opening state
ment until the evidence of the govern
ments case had been presented.
Patent Employees Testify.
The witnesses examined today were pat
ent office employees. who detailed the usual
course of business of the office and de-
. scribed The course of the two Heany APP
plications from their receipt in the office
to the examining department, where they
came into the hands of Barton.
Mr. Adkins, outlining the case of the
government explained that the indict-
ments charge the defendants with con-
spiracy to defraud the United States and
to commit certain crimes against the
United States by fraudulently obtaining
letters patent upon metallic filaments for
electric incandescent lamps. the fraud
consisting in the destruction of certain
original records on file in the patent Of
flee and the substitution of other papers
therefor.
In addition to the conspiracy. he stated.
the indictments charge as specifc crimes
the destruction of the records and the
forgery OF other papers to take their
place
The indictments relate to two separate
applications for patents. Mr.. Adkins de-
clared. one filed December %; 1904. which
~ application. and the other, filed Jam
uary 10. 1908. which will be called the
" application.
The conspiracies are charged. he said,
TO nave Deen FORMED some t1lnc III the
fall of 1906. and the specific offenses
themselves to have been committed at Diff
ferent times from that date until the fall
Of 1907.
Law Is Expounded.
Mr. Adkins then explained who the de.
PENDANTS aro and how they had been en-
gagged In recen- years, one as an inventor
and the othe- as a patent solicitor. He
int. ovpnctfinr, ri the
statutes governing letters patent and the
rules Of the department.: made In pur-
suance Of the authority of these statutes.
and declared that the rules were on the
same plane as the statutes and demanded
identical obedience to their provisions ,
The governments counsel then detailed
the regular channels through which all
applications for patents must pass in the
patent Office and explained how only one
patent may be allowed. But. he stated.
tanning two or more inventions he would
be required to elect to take one OF them.
but might then file additional appliea-
lions for each Of the others BY this
means his right OF priority would be es-
tablished and the new patents receive the
date Of the original application.
Mr. Adkins then explained the Heany
applications and designated what portions
Of the specifications 1t is alleged were
DESTROYED AMI for which new ones are
said to have been substituted by Barton
in furtherance Of an alleged conspiracy
with the two defendants.
Patent Fraud Described.
Now we confidently expect to show
you" continued Mr.. Adkins. "by such
conclusive evidence that you Will believe
It beyond all reasonable doubt that these
three men entered. into this conspiracy
at the time as charged In the indict-
deefrNved the frat
two sheets Of the original specifications
and substituted others In their stead.
FOR the purpose OF proving this, we Will
show you that the three men. Heavy,
Everding and Barton. were very close in
innate friends: that there was much cor
respondence and numerous telephone calls
between them: that Barton. frequently
visited Heany at York, spending a great
oeal Of time In tue latter laboratory and
worked with him on the matters men
toned in the applications for patents;
that Bartons expenses on these trips
were always paid by Heany or the lat
ter's company; that Heany was frequent
~ ia Washington and visited Barton, eat
ing and sleeping at Barton's house; that
after the thre4; men were indicted and
Barton was -discha. geo from the patent
office. he was employed by Heany or the
latter's company.
papers consisted of five sheets-one beng
the petition. three specifications and the
fifth the oath. We will show that the Pc
tition, the third sheet or the specifica-
tions bearing the signatures OF the In
ventor and the witness, and the oath are
undoubtedly genuine. and that they are
written upon the same paper and by the
same typewriter: but that the other two
sheets of the specifications. the faise
sheets were written on different paper
and on different typewriter.
We will also show that the amend
ment B. in this case. which was filed
July %. 1903. was written on the same
typewriter on which were written the
false sheets Of the specifications. but that
the false sheets. instead Of being written.
as they purported TO have been. six
months before the fling Of amendment
r were written some time after amend
ment b was written.
Further We will show that there are
certain typewriter interlineations on
these false sheets and that they were
written. not by the person who wrote the
false sheets for Mr.. Everding. but they
were written on a typewrittng machine
in division 81 itself. undoubtedly by the
examiner Barton.
Other Charges to Be Proven.
1.-THE indictments also charge. and we
expect to prove. in connection with the
other case" continued Mr. Adkins. ..tha,
January 10 1905. Heany, through his law
yer (Everding), filed in the patent Office
an application consisting of a petition
specifications and oath: that In the usua
course the same was placed in file wrap.
per and numbered PAL 49, and sent to di.
vision 81 for action.