Evening journal., 1921-10-18
POWDER SUIT
GOESFORWARD
dupont Company Will Show
Selling Cost of Disputed
Product
O'NEIL'S ACTION is
FOR COMPENSATION

At the opening of the United
States District Court this morning,
George N. Davis, for the plaintiff. in
the suit for reasonable compensation
for the alleged use of process and
product by the E. I. DUPONT de
Nemours and Company, ownership
of which is claimed by Arthur Sam
uel O'Neill, of Baltimore. asked the
court to direct the defendants TO
bring into court all books, papers
and contracts having any bearing on
the average cost per unit Of the
manufacture of military rifle powder
from July 1st, 1914. to July LIST,
1919. and also the average selling
price during the same period.
Mr.. Hilles, for the defense, OBJ
5ected, claiming that IL it were pos
sible for the dupont Company to
comply 1t would be impossible to get
all the books into the court room.
Following some argument and the
citing Of portions of law bearing on
the request, Mr. Hilles agreed to
produce papers which would give
the desired information.
The remainder OF the morning
session devoted to the examination
OF witnesses and arguments on the
admissibility of letters and papers
bearing on the case.
Practically the entire time yes
terday was devoted to the Offering
Of evidence. in the form of corre-
spondence between O'Neill and the
defendants company. by Mr.. Davis.
Robert Pennington is associated with
Mr.. Davis.
In addressing the jury prior to
the Offering OF evidence, Mr.. Davis
stated that by testimony to be in
troduced. he hoped to show that in
1909, Mr.. O'Neill, while in the en-
ploy Of the Brazilian government
originated a process by which ex-
plosives OF varied formulae could
be made slow burning or progress
sive in their action. This formulae
| in written form, II Is alleged. was
given to a representatives of the Z.
I. DUPONT de Nemours Company
and at the beginning OF the World
War was made on a factory scale
by the company. According to the
plaintiff, he has received no COM
pensation for the formulae.
Mr.. Hilles, representing the du-
Pont Company, said that there
was a question whether such a sale
| had been made. and whether any
price was set for such sale IL one
had been made. j. p. Laffey Is as
ISOLATED with Mr.. Hilles represent
ing the defendant.
The plaintiff, O'Neill was the only
witness TO be heard yesterday, TAX
ing the stand shortly before the
noon recess, and returning at the
afternoon session OF court. He tes.
tihed to having received certain
correspondence from the duPon
Company relating to the sale o.
the formula. and Of having beer
offered seventy-hve shares OF bonus
stock as compensation. which ne re
fused on the grounds that it wal
not sufficient.
The jury drawn in the case in
cludes William b. carswell. Maurice
A. Hartnett, Albert Bird. Charles A
Conner Harry S. Woodkeeper, vii
liam J. p. White, Byron Pepper. j
Frank Sullivan. John b. Nelson
William A. Comegys, r. Frank l.
Gates and Charles L. Doughten.
The powder referred to in the cas-
now before the court. gains its valu
fro mthe fact that it is progressiv
J in its action, with consequent gai
S in projectile velocity and diminishin
wear on the guns in which II
employed. The powder which tn
plaintiff declares the dupont com
pany is manufacturing after hi
? formulae Is known as /. NJ. !
k powder.