# Record and brief — John L. Heald, Plaintiff in Error, vs. Harvey W. Rice > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/brief%3Aper_scotus_1881_193%3A0 ## Record - **Collection:** Supreme Court brief - **Document type:** Record and brief - **Published:** January 1, 1881 ## Text TRANSORIPT RECORD. SUPREME COURT -D STATES, JOHN L. HEALD, PLAINTIFF IN ERROR, VS. HARVEY W. RICE. N ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF CALIFORNIA. | FILED JUNE 2, 1879. Say “i fs ree ee a SUPREME COURT OF THE UNITED STATES. No. 193. JOHN L. HEALD, PLAINTIFF IN ERROR, VS. HARVEY W. RICE. IN ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF CALIFORNIA. INDEX. | Original. DITOR bb atlas wain ose eg pike tne a0.09 wpheneonniosen bébd coho bipene ceneee 16 Bill of exceptions (defendant’s)...... i san ahha nose oan eed ake ore 23 NE is caste ae keee eens ccoas cure sete. Ga uuibe teen 1010 Clerk’s certificate... 2.2.22 2. cone ce ccce oe isin Wi ted louesed +acvGane weak - 1013 Complaint..... RECESS SENG SATEEN eS rer ame el ies 4 Certificate to judgment roll... . 2... coce vc ccce cons te ccee cncece soswes oka 22 Commission to take deposition of B. W. Payne and others....-.....----. 991 Cay ON OR INR Gri. noe. oie ctkns vccku cose seseccseksbddbedivecce. Te Citation ....... ouiasiimania i iia en Aa wreckwe win a Gdneaells bbe ade tink a Demurrer........ sade Comeel he kane Red G eee sien peeEeeisake buble kewwees« 2 Diagram ..... Pini chee eel Uakews eebNebonehdedehh nbubebdlewsleehdus 841 MO chdk benvcenbecss Sd dd Sb endkeeebanens phhncnendtaade Canes ey 854 Pi daichii hs hha CRKdS CoRR deed Rieenadads noaebehissneemcace: Sl RIDGE chten nib ena ae No wk ah chads Adds cased besnieatadts chudsncccs .. CO DO aa is DAs pad he ail nn ods Rawk oc adicw bk tatenuinawdekas dis dkile bbie 872 bcs ehS ei adinia kde a Gi dn aii Wasa adios oo abe ke ale we a go Welds ab di aeae 877 BEL a's Ghai item ik niiee hn nde AUi mlb nd dame cia ein wei keane 895 BOs ccc kdRddabded bhaeawan bis eank:scpceenned ceumhbsddsdtededabeabos 925 ROR ii edd humo gu anaes aa Adnd no ciid Kin bainia Ned bln taKha tbe coke 930 DO Uae ath bails Juke nndud seed ee sidey Maiesdeubeend uacwbalbadbele aka ebico 931 ice cc cyamdnghioke sunk pia eet naa eo dee) Miadbnkneekiedieitds wali 9314 Paki nied ctnahsididko da dedk nada cddbdne onda edecee kid dbbuCros 955 De idencsdckintsAdedbasddeedssendcoas inbndtckhe diet vdepie ode seedbedes 966 SPP this Wk eae cade dad pae bebig Obs saWebé dwtndt nUiodn acc eacde comes 990 Exhibit A (Rice’s patent, 20 January, 1875....... 2.2.22. cccces cece cece 83 Pe ite iidued aebgas ahablaaseeees suiceeUncbes ccan sane 990 INIT Gis suns Chases Sh bGee aude bbe J caw cbiveubeos Gken 841 m tmepem menene, 4 May, 1678) ...0.. ccccce cocccs soveccccnecses &50 aia. pw cie hia baie eeimaia sip crban vader 854 a neaeubee ss re D (Diagram Print. II INDEX. Original. Print. NG SCO os eh ate dake EASY. adende tarwnde SeKoa UE Seoues 877. 205 G (Vienna exhibition, straw-burning portable engines).......... 885 207 F. (PRGRORTRI YT. ong cnncoe cbdw 0encse cecwus venues opdes ‘netademes 894 209 pb en cor het Bde Suid a wk ane (apd ties (isa ss taeaees 895 209 oF RPO NI og dn ba tik denn nWs Spine 0250: os ap sc pe gues sees. ew we K (Heald’s patent, 27 June, 1876).......... -----.....- sie si aoccavace 912 212 L (Heald’s patent, 4 November, 1873).......... -....-...-----.. 926 216 M (Daglish’s patent, 20 August, 1866)...... .... .. aviswwnas eco, OO B19 N (James’ & Napier’s English patent).... ........ ......----. -- 86 2 © Zombies OE Bie FV 5 Er as bw hed 3 ns din ct eens po dcdcccnnpee Ol BB CD Fm OE i he FU hon 60 oi Sine icine code since nade én 975 227 Deposition of D. W. season eauy baad Rte ns tn ol ig eeee:. Cee DF SN is baa ba Won 0 68 56 dite cone en ccag cs noes ctneaks CO wan D SINS 55s tire aT hoof 26 Gh Blos od whinceic aces avis an SOR BM BAP IIE Do nod cc wieeh ss don c'ks JOHN L. HEALD, DEF’T. \ I, M. M. Estee. of counsel for the defendant in the above-entitled ac- tion, do hereby certify that, in my opinion, the demurrer to the com- plaint this day filed and served herein is well founded in point of law. M. M. ESTEE. Dated San Francisco, March 15th, 1876. (Endorsed :) Filed March 15th, 1876. L. 8. B. Sawyer, clerk, by J. F. O’ Beirne, dep. cl’k. : , 6 HEALD VS. RICE. 14 Order overruling demurrer. At a stated term of the circuit court of the United States of America for the district of California, held at the court-room, in the city of the San Francisco, on Monday, the 3rd day of April, in the y year of our Lord one thousand eight hundred and sev enty- -SIX. Present, the honorable Lorenzo Sawyer, cireuit judge. HARVEY W. RICE 0. JOHN L. HEALD. This cause coming on to be heard upon the demurrer herein, M. M. Estee, esq., appearing on behalf of demurrer, and M. A. Wheaton, esq., in support of bill of complaint, was argued and submitted to the court for consideration and decision; and the same having been duly | considered; it is ordered that the demurrer herein be, and 15 the same is hereby, overruied, and that the defendant be granted 20 days to answer herein. I hereby certify that the foregoing is a full, true, and correct copy of an ori iginal order made and entered | in the abov e-entitled action. Attest my hand and seal of said circuit circuit court this 13th day of July, A. D. 1877. : [SEAL. | . L. 8S. B. SAWYER, Clerk, By J. F. OBEIRNE, Deputy Clerk. 16 Answer, in the circuit court of the United States for the ninth cireuit, in and for the district of California. HARVEY W. RICE, PL’FF, D8. JOHN L. HEALD, DEF’T. Now comes the defendant, John L. Heald, by his attorneys, Estee & Boalt, and for answer to to plaintiff's complaint filed herein denies, generally and specifically, each and every, all and singular, the allega- tions in plaintiffs complaint contained. Wherefore defendant prays to be dismissed with his costs. ESTEE & BOALT, Attys for Defendant. 17 (Endorsed :) | Service of the within answer admitted this 18th day of April, 1876. M. A. WHEATON, Atty for PUF. Filed 18 April, 1876. L. 8S. B. Sawyer, clerk. | HEALD VS. RICE. 7 18 Verdict. HARveEY W. Rice V8. JOHN L. HEALD. We, the jury, find for the plaintiff, and assess the damages at one dollar. 7 | NORMAN PORTER, Foreman. (Endorsed :) Filed 13th January, 1877. L. 5S. B. “aia Bet clerk, by J. F. O’Beirne, dep. cl’k. 19 ; Judgment. | In the circuit court of the United States of the ninth judicial cireuit, in and for the district of California. HARVEY W. RICE | VS. , No. 1463. JOHN L. HEALD. f : This cause having come on regularly for trial on the 4th day of Jan- uary, A. D. 1877, being a day in ‘the Nov ember, A. D. 1576, term of said court, betore the court and a jury of twelve men duly impaneled, M. A. Wheaton, esq., appearing in behalf of plaintiff, and M. M. Estee and J. H. Boalt, esq’s, on behalf of defendant, and the trial having been pro- ceeded with upon the Sth, 6th, 8th, 9th, lith, 12th, and 13th days of said January, and witnesses ‘on the part of the plaintiff and of the defendant having been sworn and examined, and the evidence being 20 close, the cause, “after arguments of counsel and the instructions of the court, having been submitted to the jury, and the jury hav- ing subsequently rendered the following verdict: ‘* We, the jury find for the plaintiff, and assesses the damages at one dollar,” and the court having thereupon ordered that judgment be entered herein in aceord- ance with said verdict: Now, therefore, by virtue of the law, and by reason of the premises, it is considered by the court that Harvey W. lice, plaintiff, do haveand recover of and from John L. Heald, defend- ant herein, the sum of one dollar, and his (the said plaintiff's) costs in this behalf expended, taxed at two hundred eighty-eight 3°, dollars. Judgment entered the 13th day of January, ‘A. D. 1877. L. Ss. B. SAW YER, Clerk. A true copy of an original entered in the therein-entitled cause, 21 in judgment register C. L., No. 2, p. 176, 177. Attest, &ce. : | | [SEAL. | L. S. B. SAWYER, Clerk. (Endorsed :) Filed 13 January, 1877. L. 8S. B. Sawyer, clerk. = es Certificate of olerk to judgment roll. United States circuit court, district of California. HARVEY W. RICE l vs. JOHN L. HEALD. I, Lorenzo 8S. B. Siwyer, clerk of the circuit court of the United 8 HEALD VS RICE. States for the district of California, do hereby certify that the foregoing papers hereto annexed constitute the judgment roll in the therein-en- titled action. Witness my hand and the seal of said cireuit court this 13th day of January, A. D. 1877. |SEAL. | L. S. B. SAWYER, Clerk, By J. F. OBEIRNE, Dep. OVk. {Endorsed :) Judgment roll. Filed 13th January, 1877. L. S. B. Sawyer, clerk, by J. I. O’Beirne, dep. clerk. 23 Bill of exceptions. In the circuit court of the. ninth circuit of the United States of America, within and for the district of California. HARVEY W. RICE, ase leila Us. JOHN L. HEALD, DEFENDANT. 4 DEFENDANT’S BILL OF EXCEPTIONS. se it remembered that, at the regular November term of the above- named court, for the year 1876 A. “D., held at the city and county of San Francisco, State of California, the above-entitled action on the 4th day of January, A. D. 1877, came on reguiarly for trial before the court, and a jury selected and impanelled totry the same, M. A. Whea- 24 ton, esq., appearing as counsel for plaintiff, and M. M. Estee and John H. Boalt, esq’s, as counsel for defendant. Whereupon the plaintiff, to sustain the issues onhis part, read inevi- dence to the court and jury a certified copy of United States letters pat- ent No. 146614, granted on the 20th day of January, A. D. 1874, to the plaintiff, Har vey W. Rice, for an alleged new and useful improvement insteam-boilers, a full, true,and correct copy of which said certified copy is hereunto attached and marked Exhibit A, and made part hereof. EXCEPTION No. 1. Plaintiff next offered in evidence reissued letters patent No. 6422, re- | issued and granted, upon the surrenderof said letters patent No. 2d 146614, to the said Harvey W. Rice, on the 4th day of May, A. D. 1875, a full, true, and correct copy of which said reissued letters patent is hereto attached and marked Exhibit B, and made a part hereof, | Whereupon counsel for defendant objected to the introduction of said reissued letters patent on the following grounds : First. That said reissued letters patent did not describe, set forth, or claim the same invention described, set forth, and claimed in the said original letters patent. Second. That the specifications and claim of said reissued letters pat- ent contained new matter not contained in the specification or claim of said original letters patent, and contrary to the statute in such case made and provided. 26 But the court overruled the objection of defendant, and the said reissued letters patent No. 6422 was thereupon read in evidence to the court and jury. To which ruling of the court counsel for defendant then and there HEALD VS. RICE. 9 duly excepted, and tendered this his bill of exceptions to the court to sign and seal, and the court did thereupon sign and. seal the same. ‘During the course of the testimony a model : of the boiler used by de- fendant was introduced and referred to, correct. photographs of which said model are hereto attached and marked Exhibit 1, and made part hereof. A model of the boiler manufactured by plaintiff was also introduced and referred to in the evidence, correct photographs of which said model are hereto attached and marked Exhibit 2, and made part 27 ~—shereof. . A model of the boiler manufactured by Joseph Enright was also introduced and referred to, correct photographs of which said — are hereto attached and markeé Exhibit 3, and made part there- O A model of the furnace door used by defendant was also introduced and refered to in the evidence, correct photographs of which said last- mentioned model are hereto attached and marked [Exhibit 4, and made part hereof. T estimony y of Harvey W. Rice. Thereupon HARVEY W. RICE was ealled as a witness for plaintiff, and, being sworn, testified as follows: | Question by Mr. WHEATON. Are you the plaintiff in this ease? Answer. I am, sir. 238 Question. Are you the party to whom this patent was issued that. has just been put in evidence ? Answer. I am. Question. What were the difficulties that you overcame, if any, by your invention ? Answer. The main difficulty was in preventing air from being ad- mitted when the straw was admitted into the furnace. | Question. Prevented it from being admitted where and how ? Answer. Over the fire or into the place where we put the straw—into the door or the hole where we put the straw in. Question: What was the state of the art in regard to these straw-burn- ing engines at the time that you made your first combination with re- turn-flue boilers ? 29 Answer. We never had been able to keep up steam with them sufficient to do the work that was necessary to do. Question. What had been done up to that time ?~ Answer. We had used wood and coal. We never had succeeded in using straw up to that time. | Question. How much traveling have you done to investigate the sub- ject ? , Answer. Well, I was constantly threshing, and was over the country; was well versed in regard to threshing machinery. I had the first threshing-machine engine that came on to the coast, | think, or one of the first. | ~ Question. To what extent have you been through the Eastern and Western States in connection with this? 30 Answer. IL have traveled over a great Imany of the Eastern States. : Question. When, at what time? Answer. I was over a good portion of the Eastern States last winter. Question. When before that, if at all ? 16 oo HEALD VS. RICE. Answer. About 5 years ago. At that time I traveled over a great many of the States and looked into threshing matters as much as I could in travelling through. I traveled mostly horseback. Question. Now, what attempts have been made, if any, to your knowledge, to utilize straw in steam-boilers for fuel ? Answer. Well, the most experimenting that I have seen has been in Alameda County. ol (Juestion. I mean prior to the time of your invention ? Answer. Mostlyin Alameda County... What I saw there try- ing I had tried several times myself and failed. Question. What is the difference between the return-flue boiler and the kinds that had been attempted to be used before ? Answer. This boiler produces a better draft than the old boilers, and | is more economical with fuel—any kind of fuel. Question. What is the difference in the construction of them? Just explain that to the jury. The Court. Take a model and show to the jury what you mean by return-tiue boilers, and what the ordinary boiler is. Answer. (Illustrating with models. ) The ordinary fire- box ¢ or 32 locomotive boiler has the front dropped on this end of it. The fuel is introduced on to the grates. It passes through. The smoke-stack is on this end, and after it burns in the furnace and passes through the tubes it escapes, and a great deal of sparks, and it has a black ‘smoke; a great deal of the fuel is not consumed. In this style of boiler the tube passes the whole length of the furnace through this long space, the whole length of the boiler, passes back through the whole length ofthe boiler to this end, and consumes the smoke and the sparks almost entirely—so much so that there is no danger from fire in the harvest fields. Question. In passing through here, does it return back in the same flue ? Answer. No; it returns back in tubes around this furnace. 33 (Question. Here is where it returns, in this way, and it returns back through those small tubes; is that what you mean ? Answer. Yes, sir; and it consumes the fuel, so that there is hardly any heat at the bae k end of the boiler. In the ordinary boiler we are compelle d to use a draft; to use the exhausted steam that passes from the engine into the smoké- stack to make a draft. In this we have al- most a natural draft, and this, with a tube ora shelf or something of: the kind to introduce the straw, is a perfect success in burning straw. it can be done with as light or lighter engine than you can ‘do with wood or coal. Question. Whereabouts is the water in that engine ? Answer. The water is in around the fire and around the tubes ; ot the tubes pass through the water. Question. That entire space between those two ends is filled with water, is it? Answer. Yes, sir. Question. You used the expr ession * tube- sheets ; what they are. Answer. (Showing.) These are the ditesnianeta that hold the tubes. This we call the flue or furnace, and these are the tubes, and the tubes ‘are fastened to the tube-sheets—passes through it and are fastened. The tube-sheets are water-tight, and the fire passes through the tubes and the water is around the tubes ; ; the fire passes through the furnace- tubes. se show to the jury HEALD VS. RICE. : 11 | Question. The fire going back and through those return tubes 30 —itis the heat passing through the same body of water that has received the heat of the fire as it goes through the large flue in the first instance ? 7 Answer. It is. Question. The same body of water gets a double supply of heat? Answer. Yes, sir. In introducing straw we found that my first ex- periments was with an ordinary boiler, without anything but—or with . this boiler rather—with this boiler without anything at this end ; with- out anything but the ordinary door. I found that in introducing the straw without having something to hold it, it did not work well; it would not keep up the steam. Question. Why ? Answering. In introducing the straw, the straw would not re- 36 main therelong enough for us to get another forkfuil, and the cold air going in would constantly ; we could always see that our steam-guage would go down; we could not keep it up. The Court. Where is the straw burnt ? Answer. The straw is burnt on the grates. It is introduced here at this end. There is a door we use, or we did use at first on our first ex- periments; we used a door similar to this. We used several different kinds. The first one that I put on was this kind, with a door that re- volves. This door revolves, lets the fuel in, and then immediately closes, so as to close off the draft. It was so arranged that as soon as the straw is introduced the draft of air is immediately cut off; og that gives time to get more straw. Afterwards we found that a simple tube like that—this also is patented by Mr. Morey. In the second case I put this on, and found it did just as well. This door would shut down after admitting the straw ; this door would shut down and cut off the draft. Afterwards we found that by having a tube without any door in it, and by putting the straw into the tube and let- ting it remain there, that the straw itself would cut off the draft of air until we could get another forkfull of straw ; the last forkfull crowding this, and burns on the grates. Others have found since that we could use just a shelf—a simple sheif—in the place of the tube. Then others do away with the shelf, and make a door like that (showing), but that is similar to the shelf. Another manner of making it is, to make the door so that it opens and. iorms the shelf after itisopen. Any of these will do, and do well, but my experiments have been 38 The Court. Do you leave the straw on there, or push it throrgh and close it ? : Answer. No; we just leave it on there until we get another forkfull, just the same as we do in the tubes precisely. Question. The straw itself forms the stopper that excludes the draft ? Answer. Yes, sir. We put on straw enough to keep this closed in all the threshing. Sometimes you can leave this open and let in air, as in burning fire-wood or coal. We open the door to let in cold air when our steam 1s too high, but we found in crowding the work, or where the work was extremely heavy, or in times when the atmosphere was bad, that we were obliged to keep this hole closed most all the time, and it — is closed by the straw. We would pile on a forkfuill of straw 3 here and push it in; when we start the next forkfull of straw we put on here to close up the place; the next forkfull takes the place of that and pushes the other in. A JUROR. So that the draft is closed with the straw all the time. Answer. Yes, sir. | Wear emtd0 6 ors Answer. That (showing) one; that s5 the same as that. Question. That 1s ag gills u are using DOW ‘ Answer. No, t you? 63 Question. We aM, t ‘that is the — e you did use originally 7 Answer: Yes, sed that and this— 3 —those two. uestion Well, that was the } » Morey syvention, was it Answer. Yes, sit. ad he Question. You call that, 100 ‘ a return-fiue poiler ? Answer. Yes, sit. Question And you did that at the time and prior to your getting your paten : Answer. YS; sir. | a IDES 5 Question. And that +3 what you refer to in JY our orig ‘inal letters pat- ent, is it? y was uaa Answer Yes, : 64 Question Mr. Mor ey sald sntroduced that tube into the boilers, ' did yad he? Answer. He haa. as a Question. For purnings straw ? Answe e told m ad. Question. We 1, hee hibited it to you ‘in the presence of other per sons in this city rid he not! pat- Answer. Yes, sit. uestion- And showed you how it W orked ? Answer. es, Sil. you Question. Then you applied it to this return: Aue poiler ? Answer. 18; sir. red Question t+, was pefore you got ¥ r atent ? Now, then, t that at- includes the yeturn-fiue poiler and the tube. OW, what else is ter g5 _—sthere 1 machin hat you I tented that ‘5 different from ny the return-fiue poilers ? ae it Answer. Well, it is the device by which you can take out— re Questi What have you got that you put in the return-filue poiler that were not in the nal fue boilers that are old, except the orey | atraw-fee er? m Answer. A ring put around thi poiler-hea _this tube sheet—making p- this smaller, * at furnace 4 ubes can be taken out rs or the purpose of cleanitg; ig it uot! ‘a l- 18 HEALD YS. BICE. Question. Now I will read the second claim in the reissuel patent, and see if that is it. (Reads.) That is it, is it not? Answer. That is it; yes, sir. | 66 Question. That is the head there,.if you will show it to the jury. There is a ring goes in here. Answer. Yes, sir. Question. And the head will come out so you can clean these two. Do you claim that Mr. Heald, the defendant in this suit, has infiringed that part. of your patent; that ring and adjustable head ? : Answer. I do not think he has. I donot know that he has. You refer to the ring, do you not? Question. Yes, sir; the second claim in the reissued patent. Then you do not claim then, as I understand you, that you invented that tube for burning straw ? Answer. I did not. 7 @. You don’t claim that you first applied it to a boiler. Morey 67 first applied it to a boiler ;. Morey first appiied it to a boiler; did ee he not? | 3 Answer. To the ordinary boiler; yes, sir. Question. Now, will you please tell the jury what you invented, in your own language ? ¢ | Answer. I took the Cornish boiler, this return-flue boiler—sometimes called the Cornish boiler; took this tube and box door of Mr. Morey and put it on to it in different forms, and found that it was a success. There is no other change I made except making the grates different ; nothing else. 3 | A Juror. Did not change the tubes, only the grates ? Answer. Nothing but the grates. No, I did not change Mr. Morey’s tube, not until afterwards. I put on a different kind of a tube without any box door in it. 68 Mr. BOALT. Without any box door in it? Answer. Yes, sir. Question. That was a peculiar idea of the first tube, was it not? Answer. Yes, Mr. Morey’s tube had the door in it. | (juestion. That is the one he patented ? Answer. One of them; one had the revolving door. Mr. ESTREE. Mr. Rice, then, as I understand you, what you invented, if you invented anything, was to attach Morey’s tube for burning straw to a return-fiue boiler ? 7 Answer. Yes, sir. Question. Was there any part of that return-flue boiler originally in’ you—did you invent it? | : 69 Answer. I believe I answered you before, that I invented it but I had no right to patent it. | 3 Question. Was there any part of that straw-tube yours ? Answer. It was not; no. 3 Question. Had not the return-flue boilers been used for all purposes known to mechanics from the time they were first made, a great many years ago, and vacated and used for every purpose for moving ma- chinery ? wees : Answer. No, sir; I don’t think they were ever used for portable en- gines. . om Question. Well, you saw one, a portable engine, 15 years ago that ' you made yourself? | . | Answer. Yes, sir. Question. Then there is one? HEALD V8. RICF, 19 70 Answer. Yes, there is one and one more I made the same sea- son. Question. Well, you have since found out that there were others, have you not? Answer. Yes, sir; no, not portable. I had never seen any portables until—— Question. (Int’g. ) Don't you ‘know of portables existing prior to 15 or 16 years ago? | Answer. Not made that way; no, sir, ! don’t. Question. Well, they had been used anyway; you had nsed Ziiem ? Answer. Yes, sir. Question. And had not patented them and used them for 5 or 6 or 8 years without patenting them? Answer. Yes, sir. “i Question. And introduced them into publie use, had not you? Answer. Yes, sir; for burning wood and coal. ~ Question. You burnt wood and coal in them, did not you? Answer... Yes, sir. (Question. Now, this pipe or tube of money's he had used too, had he not, for burning straw? | Answer. He had-experimented with it. Question. He had practically and actually used it, had he not? Answer. Not:to do work with; I think not; no, sir. Question. Don’t you know that he had used it on several engines ; several boilers ? Answer. I know that he had experimented with it, but he was 72 ~~ ~=unsuecessful. Question. Now, what did you do? Tell the jury what you did that was invention in making g it a success. Answer. I took his tube and attached it to this boiler, and it was a success. Question. What part of that act was invention? Tell the jury. Answer. Combining the two together. Question. What act in adjusting Mr. Morey’s tube that he had pat- ented to an old return flue tube was invention ? Answer. The combining the tube and box door to the boiler. Question. Just show the jury what was done, how you did it, how you rivetted. Answer. In one case, the first. case, I took this and attached 73 it to the door (showing) ; took off the door of the boiler and at- tached this to it with bolts and bolted iton. In the next case, after I found this worked, I took the other one that Mr. Morey had left at my place, carried it out to the fields and attached this one, Which made it a success. These two engines were used during that season, and were a perfect success ; the first that ever had been used. A JUROR. Mr. Morey left these ? Answer. Yes, sir; he left both of them with me. He brought them ‘tomy place. I applied this one first. Il afterwards took this and ap- plied it, the first that straw has ever been used as a success in boilers that I know of. Mr. ESTREE. Mr. Rice, did not Mr. Mor ey come to you and 74 did not he, Mr. Morey, adjust that pipe to those engines him- self ? Answer. He did not. Question. It was done in his presence, was it not?» moe Pt S.A AEM dp eg Re pak rosaries me sone S ppt eS ~ Pe tae pee en Sea ewer ates Soot J F ee 20 HEALD VS. RICE. Answer. I think not; no, sir. I think he was there a part of the time. I do not think—no it was not put on in his presence. Question. It was not put in his presence ? Answer. No, sir; the trial of the engine was in the field; in 1 the harvest field. Question. Now, if a skilled mechanic had one of those return-flue - boilers, and knew that it worked just as you know that it worked, just as any skilled mechanic must know that it works; and if he had 75 one of Morey’s tube’ that Morey had invented, and knew that that worked for feeding straw, I want to know of you if it would be the exercise of more than ordinary skill, that is, if a person skilled in this particular art, to adjust one to the other ? Answer. It is an easy matter to put on the tube, but to understand what kind of a boiler to put it on to, I think, requires more than ordi- nary skill. Question. Well, what invention is there in finding out what boiler to put that on? Now explain that to the jury. Answer. When Mr. Morey came to my place he was very anxious to put it on to another boiler, a common boiler. I took it and put it on this boiler. If he had put it on the other boiler it would not have been a success any more than when he put the others on. 76 Question. Would it have been an invention, or was it an in- vention, to put it on an upright boiler or a square-box boiler, fire- box boiler ? Answer. If it had been been a success it would. Question. I am not speaking of success. Answer. Yes, sir; itis an invention to put it on to any boiler. Question. It is? That is your idea of invention, Mr. Rice ? Answer. I should judge so. Question. We will suppose you have an ordinary fire-box boiler. This is a return-flue boiler, but where the fire is put in at one end like this end built here and the smoke and fire taiesaiae at the other, would it be an invention to put that in there? ._Answer. I put this tube in? Question. Yes, sir. 77 Answer. It would. Question. It would ? Answer. Most assuredly. Mr. ESTEE. Mr. Rice, then you regard it as an invention adjusting that tube to any boiler, that Morey tube ? Answer. Yes, sir. Question. Any different kind of a boiler ? Answer. Yes, sir. Question. Now, will you tell the jury what kind of an invention Morey made that he invented ? | Answer. Mr. Morey first invented the tube with the valve door and the tube itself without a door. Question. What for? What did he do it for ? 738 Answer. For the purpose of burning straw ina portable en- gine. Question. That was before you used it, was it not? Answer. Yes, sir. Question. Return-flue boilers were in use at that time, were they not? Answer. These two were in use; that is all that I know of. HEALD VS. RICE. 21 Question. You know they were in use; you have since he: ed that they were in use elsewhere ? Answer. Not portables. Question. But, then, they were in use, were they not ? Answer. I think they were ; I know they were. | Question. Now, that was the invention of Morey ; he invented 79 that. Did he do anything with it after he. invented that tube and that door, &e.? Did he do anything with it? Did he just leave it out on the street, or did he adjust it to ‘something ? Answer. He adjusted it to boilers and tried it. I found it would not work, and took them off. Question. What kind of boilers did he adjust it to? Answer. Common locomotive boilers—five-box boilers. Question. And it did not work? Where wasthat? Whereabouts in this State ? Answer. That Mr. Morey tried it? Question. Yes, sir. Answer. Well, that is hearsay. I heard that from Mr. Morey when he tried it. He tried it at Hollister and near Waterville, SO and other places. Question. How many patents did Mr. Morey takeout? Do you: know? i Answer. Three—two and had one reissued. : Question. Do you know what they were for?) Could youdeseribe them without reading them? i Answer. Well, I read his patents; they were for preventing a draft of air while feeding straw in the boilers. Question. Do you know whether Mr. Morey limits theuseof his straw attachments or straw burner to a door, to a fire-box boiler! : Answer. In a patent? Question. Yes, sir. Answer. You have the patent before you. Ido not remember about that. $1 Question. Well, Iw ant to ask you if y ou know w hether he does. Answer. I don’t think he does. Question. Then if he does not limit it to any boiler or to a fire-box boiler, would not he use it in a return-flue boiler? Answer. I don’t know, [ am sure. Perhaps I do not understand the question. If you are questioning on a matter of law, I know nothing in regard to that. Question. Mr. Rice, I will read you the specifications forming a part of letters patent 155569, dated February 11th, 1873, issued to David Morey, of Watsonville, and then I will ask you W hat you have in your patent that you invented that was not in Mr. Morey’s patent. (Reads from Exhibit ©. ) Now, Mr. Rice, tell the jury what there is in your so- called invention that is not in Morey’s patent; this patent that I 82 have read—his only one—one of February 11th, 1873. I can give it to you, and you can look at it if you desire. Answer. This is a patent that has been reissued; has it not? Question. That is before the reissue. Answer. Yes, before a reissue. This is the first patent. Question. That is the first patent. Answer. This apparatus when applied to the common fire-box boiler will not work. Question. That is not an answer to the question. What is there what you have invented in your so-called invention that is not in that 22 : HEALD VS. RICE. patent, except the ring there—I admit the adjustable ring, the end of those tubes for fastening tubes—sheets—what is it? 83 Answer. In putting this 6n so, this return- boiler (showing). Question. What is it? Answer. The putting of this on to the return-boiler. Question. Is not that the same combination that Morey patented ? Answer. Never, because Morey had put them on to a common boiler —a common fire- box boiler. Question. But it does not say so. He says on to any steam-boiler ; does not he? Answer. It would not work. He has not made it work, nor has any- body else. Question. He says in combination with a steam-boiler furnace. Mr. WHEATON. That does not include return-flues. Mr. ESTEE. Isnot the return-fiue boiler a steam- boiler fernace' } 84 Answer. Yes,sir; itisasteam-boiler. A wash-boilerisasteam- boiler. Question. Then, why is it not like yours ! ? Answer. Well, it is very different from this boiler. Question. Were they not in use at the time, both of them? Answer. You will find it is very different, if you go out and attempt to fire one. Question. Well, is not the combination exactly the same? Answer. I never put but one, I think, on to a common boiler. Question. No, but is not the combination exactly the same as de- seribed in Morey’s patent, and that you claim in your patent ? 85 Answer. They go on the same. We put them on the same, or about the same way. Question. Is it not the same combination with the exception of the means of fastening the tube-sheets ? | Answer. I should judge it was the same. It won’t work. Question. Now I wish to read you the second Morey patent. Judge Boalt will read it. Mr. Boat. I will read simply the claim.. The patent is the reissue number 6420 of letters patent, number .135559, dated May 4th, 1875, to David Morey, Watsonville. (Reads from Exhibit E.) Mr. ESTEE. Now, Mr. Rice, is not that your combination exactly that you have adjusted ? Answer. No, sir. | 86 Question. Well, let me read the other. (Reads from Exhibit E.) I will ask youif that is not afac-simile, so far, as it has gone, of yours. Answer. The straw-feeding attachment is the same. Question. Sir? : | Answer. Yes; the straw-feeding device is the same. Question. Well, in connection with the furnace the whole thing—the combination—is it not the same? | Answer. With this or any other boiler, do you mean ? Question. Yes, sir; this or any other boiler in the world. Answer. Combination is the same, but it won’t work. Question. Now we will read the second; second in combination with the furnace A. Show the jury what the furnace is: “Of a Sis threshing engine, the box ortube B * * * * having the par- tition or door C.”. Whereisthe door? There used to be a door in there. : Answer. Yes, sir. HEALD VS. RICE. | 23 Question. You sometimes have a door, don’t you; or you used to have a door in yours, didn’t you? Answer. I did in the first patent. Question. “Substantially as and for purposes set forth.” Well, that covered your first doors, did not it? Answer. Yes, sir. The first tubes we had—the Morey straw-burner, just as he makes them. Question. Now tell the jury, in your own way, if there is anything in the world in your combination that is not in Morey’ 8s, excepting only the means of fastening those tube sheets, which we said we did not in- fringe on. | 83 Answer. Very different, sir. Mr. Morey attached his to a com- mon locomotive fire-box boiler. I attached the Morey straw- burner to this particular boiler, and’ it was a success. Question. Does Morey say he attaches it to a common fire-box boiler, _ or any other kind? Answer. He don’t say. Youhaveread that. You have that informa- tion there without my giving it. Question. How can you limit Mr. Morey to a fire-box boiler, as long as he says to all boilers ? Answer. Mr. Morey never attached it to all boilers. Question. I am speaking of his patent; what he describes in his patent. Answer. Mr. Morey never attached it to a boiler 89 Question (Int’g). 1 am speaking of what he describes in his patent. . | Mr. WHEATON. The patent shows for itself. Mr. ESTEE. I am examining the witness and not the patent. The Court. I think you have spent time enough on that. It is a matter of construction what patents are. Mr. ESTEE. All right. Question. What is the difference between the Morey patent of May 20, 1873, and February 17, 1873, and the Morey patent of April 8, 1875, if ‘you know any difference between those two patents? Answer. If I understand it, the first patent was this revolving 90 door with the cams, and the last patent was just the tube alone : : on the tube with the door, if I understand it correctly. Question. Well, what was the object of that? | Answer. Of the tube; of the invention, you mean? The object was to keep air from entering with the straw; to prevent-a draft of air. Question. How many of the Heald boilers did you ever see, Mr. Rice, and where were they? Answer. I have seen 4 or 4h 6, I think. Question. Where were they ? Answer. I saw one at Heald’s shop, and I saw more; I saw some at Mr. Heald’s shop more than a year ago; the first lot that he made, the year that he made the six, the first season. 91 Question. You saw them at his shop? Answer. I don’t think I saw them all. I saw three at Dan McCreary’s, at Bridgeport, near Suisun. I saw ~ Question. Describe those you saw at Heald’s shop. Answer. They were this same boiler. The boiler was made like this; similar to that one you have there, I think. Question. (Showing.) Is that it? And if it is not, tell the jury wherein it is not. — | Answer. This is different from the ones that I saw; I never saw one 24 HEALD VS. RICE. like this. The boiler is the same, but the straw device is very different. Mr. Heald, on the boilers he made, put a tube on. Question. Do you say you saw any at Mr. Heald’s? Where did | 2 you see one with a tube on, of Heald’s? Answer. I saw one at the farm of Dan McCreary; ; that I saw the tube lying by the boiler; it was taken off. Mr. Heald told me that he put on tubes. I think he said onto both of Dan McCreary’s boilers. He told me that he put‘it onto one, that I am certain of. I saw the tube lying there that he had taken off, and he had substituted for that another kind of door, a door that opened upwards. It made a shelf when it Question. Did you ever see one of Mr. Heald’s boilers with a tube on it? Answer. I did—no, sir, I never saw one with a tube on it. Question. Did you eversee oneof McNeal’s boilers with a device 93 that was the equivalent of a tube, such as that Morey patented ? Answer. I saw them with this shelf door; that is equivalent to the tube. : Question. I want to ask you if that identical door has not been in use in that kind of engine from the time that engines was first made; to your personal knowledge, so far as you know, so far as you can re- member back ? | Answer. No; I don’t think that that door has been used. Question. Well, did Morey use it? Answer. I think that is an inv ention of Mr. Heald’s; some features about that door. 3 | Question. That is a vibéaceiet door; but the door that you referred to, wasn’t it a common fire-box door, such as is used ? : Answer. No, sir; it is not common. 94 Question. It was not common? Answer. No, sir. Question. Haven’t you seen it before ? Answer. No, si Question. What were the features about it that was different from an ordinary door to an ordinary engine ? Answer. (Showing.) This door has all the appliances Question. (Interrupting.) No, that ain’t the one. I want the one that you saw on Mr. Heald’s engine. Answer. This is it. This is the one I saw on his engines. I saw one of these in San Ramon Valley, and I saw that one working. No, sir; the one that I saw in Ramon Valley was like this (showing). It was just a shelf alone. 95 Question. Now, with that door, just as it is there ? Answer. Similar to that ; substantially the same. Question. Isn't that door a common device used in engines? Answer. No, sir; never, except a straw-burner engine, that I know’ of. Question. Never, except it is a straw-burning engine ? Answer. No, sir; that shelf would be in the way in a common engine. It is used for the express purpose of using straw. Question. How many did you see that in of Heald’s ? Answer. I saw that in one; a machine owned by Mr. Bent. Question. Did you ever patent that, or any other device for 96 burning straw ? Answer. The only patent is this one patent; that is all I have patented, sir. len _ ~~ « HEALD VS. RICE. a Question. Did you ever patent any door or any device at all for put- ting straw into a boiler ? Answer. No, sir; this is the only patent I have. Question. You never saw one of Heald’s engines with a tube in it, ‘did you? Answer. No, sir; I know he had a tube in. Question. In how many, and. where? Answer. I know that he had a tube in two. Question. Where were they ? Answer. One of them was at Dan. W. Crearey’s; I think two. 97 Mr. Heald told me himself that he put the tube on to two. I was under the impression he put the tube on to the first six he. made. | Question. What tube was that? Answer. (Showing). That is the tube. The one that I saw had the valve-door. Question. It was the tube iuiieeabial by Morey, was it? Answer. Yes, sir. | Question. Was there anything else about that? Was there any- thing that you invented about the. engines that you ran, ordinary boilers ? Answer. Yes, sir; the applying of the tube to the boiler was my in- vention. | Question. Applying a tube to what boiler? 98 Answer. To the return-flue boiler; this kind of boiler. Question. Now tell the jury what you mean by applying that; just fastening that tube to that? Answer. Yes, sir; when I attach this tube there and make it a sue- cess, and make it burn straw, the patent laws entitle me to a patent on this, and I have that patent. Question. You saw the boiler to which the Morey tube was attached, | didn’t you ? Answer. } No, sir, not the boiler that was first; no, sir, I did not. Question. You saw the boiler, the return-flue boiler, the first that you attached; you saw it? Answer. Y es, sir; that is the first one that was ever attached that I know of. OY Question. Describe to the jury the door there was to that boiler before you put it in the tube. Answer. There was a door similar to this for burning wood (show- ing). Question. A door to what? Answer. The door was similar to that for burning wood, except this shelf. This shelf was not in, and the grates were differ ent. It was for burning wood. This (showing) was not in. Question. You just took that door out, and just put this on (show- ing)? Answer. Yes, sir. . Question. The door was there; you just nibiaaed that door, did you? | Answer. Yes, sir. Question. And then put Morey’s tube into it? 100 Answer. Yes, sir; I put a tube here, and attached this to it (showing). | Question. That is all you did? Answer. Yes, sir. 26 HEALD VS. RICE. Question. Have you sold any reyalties for your patent? Answer. Yes; I have. Question. Have you received any royalties, or made any arrange- ment or contract to receive roy alties ? Answer. Yes; I have. Question. With parties other than the defendants in these suits? Answer. Yes, sir. Question. Did you make any arrangement with Ames & Co:? Answer. Yes, sir. Question. What was the royalty you charged them ? Mr. EsteEx. You had entered into an arrangement with Ames 101. & Co. to sell them the royalty for scenmeieaaiteen your ma- chine ? Answer. Yes, sir. Question. What was the amount per machine that you were to re- ceive ? Mr. WHEATON. Was that in writing ! ? Answer. Yes, sir. Mr. WHEATON. We object to oral evidence, then. (Objection sustained; defendant excepts.) Mr. ESTER. Well, Mr. Rice, you state that you have been selling these machines in this State. I will ask you if you received profit for the sale of these machines in this State, or if you have not sold 102. your patent and all the rights under it to Hawley & Co., of this city ? Answer. Heretofore I have recei ived profits, but I have sold the right to Messrs. Hawley & Co. Question. I w ill ask you when you made that sale? Answer. I think it was nearly a year ago. I have means of finding out, and I can tell you the exact date. Question. How long was it before the commencement of this suit ? Answer. I do not remember exactly. oon Mr. WHEATON. Let him bring his assignment, and that will tell. Witness. | could not give you the positive dates. I can find them for you. 103 ‘this suit? | Answer. I sold before the commencement of the suit. Question. I will ask you if that contract was made in writing ? Answer. It was. : Question. Have you a copy of that writing ? Answer. I have. Question. The original copy made by you to Hawley ? Answer. I have. Question. Will you produce it at-the next session of the court? -Answer. I will. | Question. Have you it with you? Answer. No, sir; I have not. Mr. WHEATON. Mr. Hawley has his. We will have them 104 here in a little while. Be Redirect examination : Mr. WHEATON. As to those two return-flue boiler engines to which you attached these tubes or devices, what became of then Answer. The two boilers ? Question. Yes, Mr. ESTEE. Was it before or after the commencement of HRALD VS. RICE : 27 Answer. The.first is in Hayward’s at my place; the one that has been used 14 years. The other one has been used 13. That is at Half-moon Bay, near Blanco. Question. That is, the boilers themselves were used this great length of time? Answer. Yes, sir. 105 Question. But after these attachments were put on, what was done with the second boiler? The first one you say is still at your place. Answer. The second one was ened in Livermore Valley and went to the Salinas after that and was used there. Question. Who took it to the Salinas? Answer. Mr. Anway. Question. Now, in in this Morey patent, is there a word in that about using this device with return-flue boilers ? Answer. No, sir. | Question. When did you first have a conversation with Mr. Heald about these straw-boilers ? Answer. I think it was in the spring of 1875. Question. Was that before or after he had made them ? 106 Answer. It was before he had made ; it was at the time he was starting in to build his boilers. He came to my shop twice and questioned us about the boilers and about the suecess of straw-burners and how we were building ours, and looked at the boiler and looked at our machinery and examined the whole affair ov er, and said he was going to make straw-burning boilers also, and engines. Question. At what place was that? Answer, Hayward. Thereupon DAVID MOREY was e¢alled and sworn as a witness for plaintiff, and testified as follows: 107 By Mr. WHEATON: Are you the David Morey named in United States letters patent number 139075, dated May 20th, 1873, and in the letters patent number 135659, dated February 11, 1873, and re- issued May 4, 1875? . Answer. I am. Question. Please state to the jury fully how far you had gone towards | making those straw-burning boilers a practical success. Answer. Well, I had commenced to experiment in 1872, and I worked with one boiler—what they call a fire-box. Mr. WHEATON. Speak louder. Answer. In 1872 I commenced to experiment with it and worked along; in the first place I had a machine, a device. I was under the impression that I would have to twist straw up in the shape of 108 =a coil to burn it, make it in the shape of wood, and [ had made quite a machine to accomplish that point, and when I came to try it I found that straw was too dry in this country to twist it; it would just grind up into small bits like chaff. I laid that one oneside or at least T took it home and I reduced it, that is, I made the aperture tor the straw to come out about ten inches then, so it would not break it up so fine, and I took it out again and tried it. I found that I could generate a very. good head providing I would keep the hopper full of straw. so that the wind should not draw in over the top of the fire. Sometimes I stopped feeding and thought “Now let it burn awhile,” but found out that this machine would be running around and strew- OP ace ane tenes 28. HEALD VS RICE. ing the straw and get empty, and the moment the straw was out 109 of the hopper the steam would begin to fallon me. Well, I took ithome. I was satisfied that I had then discovered that straw 7 heat enough in it. My object in experimenting, in the first place, as I was in the saw-mill business and we make s: iw -» Question. Of Stockton ? -* Answer. Yes, sir. ' Question. How many vears have you thrashed ? aa Well, sir, i am 353 years old, and have thrashed since I ras 17. ~ Question. Well, with thrashing machines, steam-thrashers, portable engines ? Answer. About 14 vears ste: am-thrashing. 239 Cross-examination : Mr. WHEATON: Question. How far from here is the place where you did that thrash- ing ? : | Answer. It was about 30 miles, sir. Question. In what direction ? . Answer. It is up the bay from Oakland. (Juestion. Up the bay? q Answer. Yes, sir; Washington Township, as you cross over to Ouk- ¢" [he land, San Antonio, San Leandro, Eden . Question. (Int’r’pt’g.) How was the last season over there for stormy « weather ? > Answer. We have some, and some days ¢ lear. Question. How was the straw ? — 240 Answer. Sometimes damp and sometimes it is wet—dry. Question. Did you never have it dry? Answer. I say it is sometimes damp and sometimes dry. Question. What kind of a feeder is this of Mr. King’s, from Stock- ton ? : Answer. It is a sheet-iron protection from the door, I should say 16 inches or thereabouts long, with a spring drop to it, that, as you crowd a forkfull of straw in it, raises up to let it pass, and then goes down of itself, shutting off to keep the cold air from going into the fire-box. , Question. How many pounds of steam did you use while you were > running your separator, on an average ? ; Answer. Well, we aleulated to run from 80 to 90 pounds; 385 } pounds. 241 Question. Well, what did you run; not what you calculated to? Answer. Well, we ran what we caleulated to. It would run and hold it within two pounds and a half. My engineer is in the room here; and I don’t care who owned the machine, we could earry within | two and a half pounds, and for 12 hours. [> Question. How many revolutions did you make ina minute with your fg piston-crank ? Answer. We made the first. part of it, I think, from 145 to. 150, and then altered and made it run in the neighborhood of 200; ran faster at the last part of it on the account of de: rding the e xhaust air. The ex- a haust was so strong that we were a little fearful of fire, and on account of that we changed and ran faster to have the exhaust strike lighter. + i 5 { i : a5 ue i # +i ii +e | 4 % 58 HEALD VS. RICE. Answer. I mean, sir, that the exhaust steam éscapes in the smoke- stack, which makes the draft of our engine. 242 Question. Well, how did that make it dangerous on account of fire? , Answer. Well, sir, the stronger it is the more it would blow out through the top of the stack. Question. How was that ? Answer. It would blow more fire through the top of the smoke-stack. Question. Well, wouldn’t it blow more if you ran 200 revolutions than if you ran only 145 to 150? Auswer. No, sir; it would a good deal less. Question. What ‘was the occasion of that ? Answer. Because it went faster and used less of it; did not strike as strong. Question. When you ran 200 revolutions per minute you did not have so many pounds of steam to exhaust, did you? 243 Answer. Yes, sir; about the same—carry about the same amount of steam. Question. Then would not your exhaust strike just as hard in the smoke-stack ! Answer. | ‘chink not. Itis a more continual flame. The difference is not as much, as striking quicker you would not get the same power onit. At all events, we thought not, and changed it for that purpose. Question. Whom did you buy your Hoadley of? Answer. I bought it from Treadwell & Co. Question. W hom did you get King’s attachment of? Answer. King, of Stockton. Question. Who put it on? Answer. He did. 244 Mr. ESTEE. King was the patentee of it, was he? Answer. He claimed to be, sir. It has stamped on it “ King’s patent.” pe, | Mr. WHEATON. Did you use that the whole 355 days—the King’s at- tachment ? Answer. We did from the time it was put on. Question. Now, was that all the thrashing ds did that 30 days ? Answer. Sir? Question. When that 35 d: LyS Was up did you quit thrashing for the season ? Answer. I did; everything was thrashed. I ran about 8 or 10 days after everybody else was done. Iran inall about 70 days, and the 245 first 35 I ran with coal and wood before putting this attachment Oli. A JuROR. This patent, was it fr om Chicago? : Answer. I don’t where he is originally from. The patentee lives and has his work done in Stockton, at the great plow factory there. Mr. WHEATON. Did you use a tube any of the time? Answer. A tube? Question. Yes; to feed your straw through. Answer. No, sir; I did not. Question. Did you use one of Morey’s tubes a part of last season ? Answer. No, sir. Question. Didn’t you use any tube ? Answer. We burnt wood and coal last season and half of this og : HEALD VS. RICE, 59 246 =season. We had 70 days, and the last 35 days of our running we used the straw-burner. Question. Well, did you not, a part of the time that you were using straw-burner, use a tube to feed your straw through? Answer. No, Sir. Question. Instead of that shelf? ? Answer. No, sir; we did not; never saw one. used. ae a Testimony of A. S. Clark. A. S. CLARK called for defendant, sworn, examined. Mr. ESTEE: Question. Where do you reside ? Answer. I reside in the village of Washington, Alameda County. 247 Question. What is your business ? Answer. At the present time I am in the dry-goods: business. Question. What was your business duriig the thrashing season of last year? | Answer. I was engineer. Question. Did you run a en engine ? / Answer. I did, sir. | Question. During the thrashing season of last ) year what kind of one? Answer. A Hoadley engine. Question. That is a fire-box, is it? Answer. It is. : : Question. Did you burn straw any portion of the thrashing season ? | 245 Answer. I did. ego Well, how long 4 Answer, 39 days. (Juestion. How did it woul? Answer. It worked first rate. Question. Did you have any trouble with it at all? Answer. No, sir. Question. Did you make all the steam you wante ne Answer. Made all I wanted. Question. What kind of a feeding apparatus did -vou have; that is, what kind of means did you have for getting the straw into the fur- nace or into the fire- box ? Answer. Well, there is a square sheet-iron—— 249 Question. (Int’r’pt’s.) “Well. whose was it? Answer. It was made by J. B. King, of Stockton. Question. Did it work well? Answer. It gave perfect satisfaction. Question. Did you ever have any trouble about keeping up steam or making steam in one ? Answi er. No, sir. Question. How did you put in the straw; did you put it in tight, or put it in loose ? Answer. Put it in tight. Question. Relled it up? : Answer. I did not roll it up. I would take and pitch a forkfull and crowd it in all I could so as to make it go in tight. 250) Question. That was in Alameda County you did this thrash- ing, Was it? 60 HEALD VS. RICE. Answer. Yes, sir. Cross-examination: Mr. WHEATON: Question. You were engineer for the last witness, were you not, Mr. De nbs ir ? Answer. Yes, sir. Question. Please look at this model, marked Exhibit No. 1 on it, and see if that is the feeding device that you used. Answer. No, sir; it was not. Question. How much different from it was it? Answer. It projected forward further. 251 Mr. EsTeEE. What is that? | Answer. The projection was different from that; it resembled this somewhat. It was not exactly like it, though. | The Court. I understand you that the only difference was that it projected out further than this? Answer. The projection was different from this. (Another model, marked Exhibit No. 2, shown witness.) It resembles this somewhat, but was not exactly like it; the internal arrangement is (different. Mr. WHEATON. Did it hav e 2 flat door like that? Answer. No, sir; it was not like that. Question. Did it have any door inside at all? 252 Answer. Yes, sir; it has the door imside. Question. How long was the tube you fed through ? Answer. It was about 15 or 2) inches. I could not tell ex: actly. Question. What was the size of that tube? ° ai Answer. It was—as near I can remember, it was about 14 inches square; it was a little wider than it was long. (uestion. Then you did feed through a tube, did you? Answer. Well, I don’t know as you would eall it a tube. Question. What would you eall it? Answer. | hardly know what I would eall it. : Question. Well, was it a tube or not, in your opinion as an engi- neer 253 Aenean, I would not call it a tube. Question. Was it a hollow space entirely surrounded by iron ? Answer. It was. | Question. An iron casing ? : Answer. Yes, sir. Question. Open at, both ends ? Answer. Yes, sir. Question. W ell, is not that a tube ? Answer. You might call it a tube. Question. Ace ording to your education as an engineer ? Answer. I call it a tube or square box. (Juestion. A box would not be open at both ends and hollow right straight through, would it? Answer. How did you observe ? 254 Question. A box would not be open at both ends, would it, and hollow right straight through it ? Mr. EstEE. That depends on whether the bottom of the box is knocked out or not. Mr. WHEATON. Well, supposing both ends were knocked out, it would not be a box, would it?) (To witness.) Would you call an ordi- nary stove-pipe a tube? » Agta ” Bah ae» ss LT oye Wits ald ete sa aiel waka iil Niearc pa kli : HEALD VS. RICE. 61 Answer, Yes, sir; if it was open at both ends. Question. W hat was the difference between a stove- ‘pipe snl this tube? Answer. Well, a stove-pipe is round and this is square. Question. Well, might not a tube be square as well as round ? The Co OURT. Well, is that the only difference between that and 255 a tube, that one is square and other round ? Answer. That is the only difference. Mr. WHEATON. Did it have any kind of door in it that you used ? — Answer. It did. Question. How was that arranged ? Answer. There was a door that would cover up the back end of it, with hinges,.so as to raise it up when not in use. Question. How ? Answer. It had a door to shut the back end of it all up. Question. Did that door hang perpendicularly, or was it an incline ¢ Answer. It hung perpendicularly when it was closed. 256 Question. Was it hinged at the top or bottom ? Answer. At the top. Question. Then as you pushed the straw through would the pressure of the straw against it open it so as to let the straw pass ? Answer. The door I have reference to was not used when we were firing. Question. Well, was it fastened open or did the straw as you pressed it in keep it open ? , Answer. It was made so as to open it when not in use—when the engine was not in use. . The Court. He asked you if, when you put the straw in, you pressed it open? : Answer. No, sir; it did not press it open. 207 © Mr. WHEATON. When you started up in the morning and put mn your first straw, in shoving the straw straight through would that or would it not open the door? Answer. No, sir; it would not. Question. Did you have to use other means to open it ” The Court. Just explain to him how it was opened. . WITNESS. Well, you are trying to get at one thing and I another. The CouRT. W ell, tell him what he wants to get at. Was this raised up here, and did it just stand open when you were feeding, or did you pust it open with the straw ? Answer. The door I have refere nce to opened entirely outside ; 258 it was not inside at all. | Question. Oh, it was at the front end, of the boiler? Answer. Yes, sir. | Q@uestion. And not at the back end! Answer. No, sir; the fire-box end. Mr. WHEATON. Then was it like (showing) this ? Answer. Yes; that was the kind, only it was square instead of oval. Question. Square instead of round ? Mr. ESTEE. — door, as a matter of fact, was not in use at all when you were firing, was it? Answer. No, sir. Question. And when you w ere through work for the day, in order to keep air out from the boiler so that the cold air would not 259 make the boiler leak, you shut this down as a damper? Answer. Yes, sir. apenas a a eat : sae ee a ney apneic: | fae “i : i ue Lf ~ ST oem ee! Wi enn oT 1 nat ene a2 ape wont OES Se eee, CHM 62 | HEALD VS. RICE. Question: That is the fact, is it? Answer. That is what it was used for. The Court. Was there any other door inside ? Answer. There was another arrangement inside similar to this (show - ing), although it was not a hinge. Mr. WHEATON. What was it on? Answer. It was rivetted to the top sheet. Question. And were those hinges sheet fastened to springs; or the fastenings rather, were they springs instead of hinges? | Answer. ’ The door itself acted as a spring. 260 Question. Was it a thin piece of iron, sufficiently thin so that it would spring up? Answer, Yes, sir; but I did not use it, it was no earthly account in there. | Question. Well, would the straw open that as you pressed the straw forward ? | Answer. No, sir. 3 | Question. Would the straw open that inside door as you pressed the straw forward through the tube? Answer. I don’t understand your question. Question. The door that you are speaking of on the inside hung at an incline on springs, did it not, or was itself a spring ? Answer. It was itself a spring. Question. When there was nothing in the tube the door came 261 down and closed, did it not? 3 Answer. No; it did not come down and close it. Question. Well, partially close it ? Answer. Very little ; yes, about 2 or 3 inches. Question. When you press the straw through that tube, did the pressure of the straw raise the door and pass through beyond it? Answer. Yes, sir. 4 Redirect examination : Mr. ESTEE: @. I will ask you if the tube was constructed anything like the one shown in the diagram (showing diagram) ? Answer. It was not. 262 Question. How large was this tube, so called, do you say? Answer. About 14 inches square, as near as T can remember. It was not exactly square; it was larger one way than the other. eager Well, it w: s about the same size of the flue inside of the boiler, was it? There is a fire-box or piace right through the boiler ; it was about the same size, was it? Answer. No, sir; there w as no fire-box to the boiler. Question. Here, like this. It went right into the fire, into the fur- nace, did it? : oe Answer. It did. Question. Have you seen the return-flue boilers working, burning straw; the so-called return-fiue boilers ? 263 Answer. Ye es, sir; I have been pre esent where they were at work. Question. State to the jury what, if any, difference there is between a return-flue boiler and a fire-box boiler, so-c: uled, used as straw-burn- ers for thrashing. Answer. The tubes in the fire-box boilers. | Question. No; what is the difference, if either is better than the Pre pre ets, pee oe ee moe oh takin CPA ee en ee ee fies 5: Ae nee ip Sea es ae , beled rs a Fe * a : c other? State to the jury what the facts are. Do they do the same thing? - Answer. They do the same thing ; but for my own use I wouid rather Ww - have the fire-box boiler. : Recross-examination : . Mr. WHEATON: 1e i | Question. Why ? 7 ‘J 264 Answer. Because they are more simple in construction. Question. That would make a difference in the making of Lt them, ¥ wouldn't it? But what difference would it make in the use of it? Answer. It would be easier to keep in order and less liable to get out a of order. Question. You would prefer, if you were thrashing and running your 5 own separator—you would prefer to have a fire- box boiler to use than a return-flue boiler? Answer. Yes, sir. Question. For using straw ? Answer. Yes, sir. Question. Have you actually used a return-flue boiler any ? Answer. I never did. Question. Then you didn’t know from actual experience which 265 you would prefer ? Answer. No, sir; not from actual experience. 4 : 7 Testimony of Rufus Dunbar. i 3 tufus Dunbar recalled for de fendant; examined. af Mr. ESTEE: | | - Question. Did you ever see a return-flue boiler at work thrashing ? Answer. Yes, sir; I have. Question. Where and when ? Answer. I have seen them in various places. I have seen them up there this all the way in fact from Oakland to San José, and I have seen them in San Joaquin, Livermore—various places. Question. State to the jury if a return-flue boiler and a fire-box 266 boiler do the same thing siiceatss the same functions in running , a thrasher. Answer. I don’t know that there is any difference as far as that goes, with one exception HS Question. (Int’r’pt’g.) Did you ever see one of Rice’s machines work ? : Answer. I have; several of them in different places. é Question. Now state to the jury which, according to your experience é and what you have seen, are preferable for the purposes of thrashing a grain as portable engines, the return-flue, boiler or the fire-box, w here you burn straw for fuel? Answer. Well, men may differ as regards that. We thought last | year that we would as soon have mine as anybody’s. Mine was a , rather new get-up there in that neighborhood ; in fact it was the ‘ee f 267 ~—s first ever I saw of them being used was last year; and various , parties running Rice’s and Enright’s come to seeours work. They 2 - HEALD VS. RICE. 63 got on, tried to feed the machine down, and they thought we could not niake steam. They went away satisfied that we could. 7 Question. Did you ever know Rice’s machine to fail ? ¢ Answer. I was thrashing at Haywood’s and the various parties 64 HEALD VS. RICE. e thrashing with the machine came in there and brought up stovewood to run their straw -burning machines. This was two years ago; that is, a year ago last summer. “There was one or two days that it was damp, heavy weather, and they claimed it was on account of the atmos- phere that they could not keep up steam with their straw to run. Question. But when it was damp, heavy weather it would not run? 268 Answer. Well, that is what I claim. I saw them getting in wood in there to run, Mr. WHEATON. I move to strike out the testimony already in and down as to what they said. | Motion granted. 6 2 sbaih resi ve te ie oy SARs j RSs bt Lapses + REPRO, DIG SINS, |S PRM Vee, eS, aE TEE NORE eee pid sa oye? PAS cates ort $c: Ree, Vnaat-vals viele Tet Pee TR Cross-examination : Mr. WHEATON: Question. Did you see any engine that the steam failed in of Rice’s make? Answer. I have already stated to you that I was there and I saw the parties that run the engine in for wood. . Question. Did you see either one of Rice’s engines at work in 269 the field when they could not keep up steam with straw ? Answer. No, sir; I didnot. I saw them in the field and I saw parties that wasin. I can give you the parties’ names, but it didn’t amount to anything. I did not go in the field where they were at work. I was burning wood at the same time. é Question. Which class of engines were most used that year, return- . ey flue boilers or fire-box boilers ? | ? Answer. I think the return-flue boilers was mostly used, because ~ A there was comparatively few in use of the other ones at that time. ar : (Defendants then offered in ovadence a printed publication, published } ‘in London, England, Aug. 22, 1873, entitled ““‘The Engineer,” pages 118 and 122, of volume 36, a full, true and correct copy of which said pages, with accompanying diagram, is hereto attached and marked Exhibit G, and made a mae hereof. | 270 . EXCEPTION NO. 3. Counsel for defendant then exhibited and read said pages to the | court and jury until counsel for plaintiff objected to the admission of that part thereof found on page 122, and commencing with the words “as regards the efficiency of this apparatus,” and including the re- mainder of the article, as being irrelevant, incompetent, and immaterial, and as being the unsworn report of. another as to the success of the machine described. : Which said objection of plaintiff’s counsel the court then and there sustained and excluded the said portion of said printed publication. To which ruling of the court counsel for defendant then and there. ; duly excepted, and tendered this his bill of exceptions to the court. to sign and seal, and the court did thereupon sign and seal the 271 same.) Testimony of L. L. Baker. L, L. BAKER, a witness for defendant, was then called and sworn: — “4 Mr. ESTEE. You are one of the firm of Baker & Hamilton, in this | city, are you? | orth, ieiieiedt a. ee ME Meagan RPT a i 7 : HEALD VS. RICE. 65 Answer. Yes, sir. Question. Engag ved in hardware business ? Answer. Yes, sir. | = Question. Furnishing agricultural implements and so forth? Answer. Yes, sir. : | Question. Do you know Mr. Morey ? Answer. I do, sir. Question. Do you know Mr. Rice? Answer. I do, sir. 27: Question. Did you know them in 1873, ’4, and ’p? Answer. Yes, sir. Question. State to the jury whether or not you were ever present at the exhibition or examination of what was know as the Morey straw- buriing apparatus. Just state the circumstances and how it occurred, and when you went, and what you did, and what Morey did, and what -Riee did. Answer. I was invited by Mr. Morey to go over to Haywood’s to see him attach, or rather to see his attachment to the boiler, to one of Rice’s boilers. 3 | The CouRT. When was this ? Answer. This was, I think, sir, the first trial. I am positive of that. I think I was there on two occasions. I think this was at the 273 time of the first trial. Mr. ESTEE. What time of the 5 rear ? Answer. This was about sometime in. ‘Mare h ; I think 1873. Question. Well, did you go over? Answer. I went over, Sir; yes. Question. To Hay wood’s? Answer. Yes, sir. Question. Well, state to the jury what occurred there and what was done. Answer. In the first place we waited a time for something that was being done inside the shop, and I had some conversation w ith Mr. Rice and Mr. Morey on the outside before we went in. I think that it may be possible that the straw avas not there or something of that 274 kind. I know that there was something that caused a detention before we commened; probably we may have been waiting for some one else; I don’t know. But I remember that there was some time for a conversation before the commencement of the trial. Mr. Morey then invited us inthere. We wentin with Mr. Morey to the thrashing engine which they had in the house running the shop. This was a portable thrashing engine. . Question. Return- flue boiler ? Answer. Yes, sir; a return-ilue boiler. And Mr. Morey commenced feeding with straw. The manner of his feeding surprised us all a little, because he used so little straw. That seemed to be the secret of the success, of the small quantity of straw that he fed continually, and it was a very successful experiment; very successful trial. Q. Did they keep up steam? 279 Answer. Oh, yes; we got up steam in, [ think, some thirty or forty minutes, and had 75 pounds of steam in three-quarters of an hour, or something like that. It was all published in the Rural Press. I don’t know whether the first trial—whether that was the first trial or the second trial that was published in the Rural Press. I was over there REc, 193—5_ het bet 3 Tal 66 HEALD VS. RICE. twice, and I am not sure that Mr. Morey was nein the second time; of course it is a long time. Question. You are speaking of the first time. Answer. Yes, sir; I am now speaking of the trial when Mr. Morey was present, and did the feeding. Well, I don’t know. There was no trial the second time I was there. Question. Who bossed the job ? Answer. Mr. Morey, of course. 276 Question. What conversation, if any, did you have with Morey and Rice relative to it? Answer. Well, it was: Mr. Morey wished me to see what I would, and what manner I would be willing to handle his invention. I thought it was an excellent thing; thought it was demonstrated beyond doubt that it was a success, ‘and I made him some liberal offers there on the spot. I told him I would be very glad to take it in hand. Question. Well, state to the jury whether or not Mr. Rice was present at that time. | Answer. Mr. Rice was present at the time. Mr. Rice said to me, that all he wanted was his three attachments for his boilers. That is, all that he wanted for his experiments. 277 Question. What do you mean by attachments for these three boilers ? Answer. Why, three Morey’s attachments runs three threshing en- gines, which he ran in the field. I think that Mr. Morey then said at that time that of course he was going to give Mr. Rice the attachments for his experiments. Question. For what? Answer. For his experiments, and I think he has since told me—lI think he told me—that he w ould give The Court. What Mr. Morey has told you out of the presence of Rice wouid not be evidence. What Rice said to you you can state. Answer. Well, I won’t say positively that Mr. Morey said this in the presence of Mr. Rice there, but still I think he said he intended 278 inthe presence of Mr. Rice during this conversation—this was in the yard—that he intended to give Mr. Rice those few. This was in the matter of my taking contr ol of this devi ice, that he intended, in the presence of Mr. ‘Rice, to give him these, and Mr. Rice said—I can’t think how the matter could have come about any other way—Mr. Rice said this that I am positive of, that all that he wanted was the three attachments for his boilers—three or four, whatever it was. Mr. WHEATON. Morey’s attachments for his three boilers ? Answer. Yes, sir. | Mr. ESTEE. State to the jury whether you state that to be his compen- sation for testing those on his engines—letting Morey test them. 279 (Objected to.) Answer. That was it. Mr. WHEATON. I object to what he understood. The Court. (To the witness.) Just state what was said in the pres- ence of Mr. Rice, not what you understood. Answer. Mr. Rice said to me that that was all he wanted; that he did not expect Mr. Morey to give him anything more than that, under- standing plainly that that was to be the ‘compensation. Mr. ESTEE. Well, in conversation there, either by any words or by any acts on the part of Rice, did Rice claim to have any interest at that time in the Morey invention? | 280 Answer. Not at all, sir. He wentso far as to take me out in the ee ae ‘At OE tg - Ree, eo E J 3h) ele eRe BEL RO FE RW ALTE SOE ee Si TYTN Sat 5S Seppe. hue Pinan etn sad OTA. ORD ot ome eds yee Li care a yuls Bs, 2 ¥; fe . | » - ‘ . HEALD VS. RICE. 67 yard where he had the older boiler—return-fine boiler—or rather took me to this boiler—we were in the yard—and advised me by all means to get this kind of a boiler to my threshing engine (showing.) Mr. WHEATON. Whois that? Rice? Answer. Mr. Rice; and on several occasions spoke of our importing : this (showing,) because he thought it was better. These boilers of course every body does know about for years. They are common wher- ever light fuel is burnt. T hey are commonly known, and in the matter of burning straw of course Mr. Morey was looking for the largest fur- nace he could find, the same as in the Hotso matter—is that the name? Mr. Hotso, the Hungarian. You will notice that he has inereased 251 —ithe size of his fire-box. Mr. Morey must have discovered that. Question. This is a —_— isw’t it? Answer. No, sir. Question. Are you telling anything you know, now? The Court. Do not argue. Answer. I know this from the facts. The Court. Just state facts, not inferences. WITNESS. Well, sir, allow me to say that Mr. Morey said that his object was to get the larger fire-box, in this conversation at this time— the larger fire- box. Mr. ESTEE. Did that occur in the presence of Mr. Rice ? 282 Answer. I feel it is a long time ago in regard to that one point. There was something said in the presence of Mr. Rice. Question. Well, what did not occur in the presence of Mr. Rice you need not state. | Answer. Still 1t was all viadod when Mr. tice and all the rest of us were about, and I can’t say whether Mr. Rice was there at that moment or not. etek Question. What, if anything, was said relative to the advantages of boilers having Morey’s straw-burner? State what kind of boilers, “what was Said ; just state to the jury. Answer. There was no question about our trial; it was perfectly sat- isfactory to all who were there. Question. Was there anything said that it could not or ould be used on any boiler? 283 Answer. I don’t think that anything was said about that, but it was a fact that was presented to us all that this large flue gave a larger space for combustion for the straw. Question. Was anything said about the effect of potash, or there being. any substance in the straw affecting the boiler? Answer. I had made some inquiry; this had been in the newspapers before. We knew that they ewre burning straw in Germany and Hun- gary. 7 Mr. WHEATON. Now, your, honor, I move to strike that out. The Court. Well, that is Trot an answer to the question. Confine yourself to facets. WItTNEss. Ask me the question once more, if you please. 284 (Question read by reporter.) arom I think that the question of silicate of potash, which is one of chemical properties of straw—I think that I said something about that. Mr. ESTER. Well, what oecctirrred, what was done about it, anything or not? What did Rice say about it, if anything? Answer. Let me think one moment. Oh, some of the straw was @ little damp, and I said that F thought that that would be all the better. } 68 HEALD VS. RICE. silicate of potash sometime to that effect. Question. An effect to deteriorate the boiler? 3 285 Answer. Oh, yes. Well, that I did not know positively; I was inquiring in regard to that; I was inquiring more in regard to the effect of that upon the boiler and upon the tubes. Mr. Rice said in reply to that, I remember, to my dagger. that he had burnt straw more or less in the past 7 years. He afterwards repeated it in the yard; I think that he said more or less in cleaning up jobs where he wanted to finish, where he wanted to move without putting in a large fire of wood, or where the wood was all gone, for the purpose of clean- ing up the jobs, he had burnt straw for the past 7 years in those botl- ers; he said the old boiler, the older boiler in the } ‘ard. I think he said the one in the house, only 4 or5 years. Cross-examination Mr. WHEATON: 286 Question. What did Mr. Morey say about return flues—return- flue boiler—on that occasion ? Answer. Not much about a return-flue boiler. : ‘ Question. Did he say anything at all about it? Auswer. Let me see. What was said about the boiler was simply about the length of the fine, sir. Question. You say Mr. Rice took you out and showe d you the return- flue boiler and advised you to buy that ? Answer. Oh, we were‘in the yard. This was before the experiment was tried; we were talking ‘about the boilers, and he has afterwards advised me to import that kind. Question. Was it on that same occasion ? 287 Answer. Yes, sir; on that same occasion. Question. Now, I ask you, did Mr Merey say anything about return-flue boilers on that oceasion ? Answer. Only about the size of the furnace. Question. He spoke about the size of the furnace ? Answer. Yes, sir; enrabling him to burn straw more efficiently. Question. And you say Mr. Morey wanted you to state on what terms you would introduce his device, his invention ? Answer. I beg your pardon. Question. You say that Mr. Morey wanted you to tell on aaa terms you would introduce or take hold of his invention for burning straw ? 288 Answer. That was the subject of the conversation. Question. Now, did you take hold with him ? Answer. We had several conversations, but Treadwell & Co. got— made the arrangement ahead of me. I was perfectly willing, on that experiment, to make the arrangement. Question. Then you didn’t take hold with him ? Answer. No, sir; I was very much regretting it, however. I regret- .ted it at the time that I could not get him to make an arrangement with me. I offered at the time there to make an arrangement with him. ) Testimony of M. N. Laffenburg. M. N. LAPFFENBURG was then ealled for defendant and sworn. Mr. ESTEE: : | 289 Question. Are you acquainted with Mr. Rice in this action ? because that I understood that water had a tendency to precipitate the ed St ee , SY 7 pea ate oe ee ' HEALD VS. RICE. 69 Answer. I am. Question. Are you acquainted w ith Mr. Morey? Answer. I am. Question. With what firm were you connected in 1875 and 74? Answer. With Treadwell & Co. ~ Question. Treadwell & Co. of this city? Did you ever visit Hay- wood’s for the purpose of examining what is known as the Morey’s straw-feeding device ? | Answer. | “did. Question. At whose cranes } Answer. Mr. Morey’ Question. Ww on was this? 290 Answer. It was in 1873. I think it was in March. Question. Well, was there anybody else there? Answer. There were sever/| there. There were two or three went over from the city here with/ .r. Morey in the morning. Mr. Baker, I think, and Mr. , | thin. Mr. Baker was over there. He did not go over on the same boat that I did, but Mr. Cooper and myself and Mr. Morey went over on the same boat. | Question. Mr. C ooper was connected with what paper, if any? Answer. Mr. Cooper was then connec ted with the Rural Press, or Dewey & Co. Question. Well, you went over. Describe to the jury just what oc- curred, and all the facts of that exhibition, in your own way. 291 Answer. Well, we arrived over there about somewhere—l can- not tell. It was in the forenoon anyway; and when we got there they showed us an engine that they had in the shop, and were going to run a lathe and some machinery in the shop, and they were waiting a little while for straw, and finally the straw came, and then they steamed up with straw in the boiler and got up steam. Question. Was there any other boiler except this one in the shop? Answer. No, I did not see any but this one. Question. Was this used to run the shop? Answer. Yes, sir. Question. Who superintended the exhibition, and who fed the straw in, and explained it to you gentlemen? | 7 Answer. Mr. Morey. | Question. Who clainied to own it? 292 Answer. Well, Mr. Morey did. Question. Did Mr. Rice make any claim? Answer. No, sir; he did not. Question. Any claim to inventing it at that time? q Answer. No, sir. Question. Well, did you negotiate with Morey to buy it? Answer. Yes, sir; to make some arrangement with him to get the exclusive right for using it on this coast. Question. Did you ever make any arrangement with him? Answer. Yes, sir. - Question. For Treadwell & Co.? Answer. Treadwell & Co. _ Question. That was before their failure? 293 Answer. Yes, sir; that was immediately after. 1 aint quite sure whether it was the next day aiter: the trial or not, but it was within a few days after the trial. Question. Now, Mr. Laffenburg, in your presence and in the presence of Rice and Morey, was there anything said about Rice getting the 70 HEALD VS. RICE. privilege of using the straw-feeder that you put on his machine in the machine shop, and one also for the two ontside? Just state to the court. Answer. Well, when we were about ready to go away, Mr. Morey told Mr. Rice, he said, “Now, if you would like ‘to run your shop by straw, why you can keep that right on theengine. I shall charge you nothing for it,” and Mr. Rice replied, and said, “I don’t know which is the che: ipest, wood or straw; Straw is pretty scarce, ” at that time of year. This was in the spring. 294 Question. Well, what do you know of the f tact, whether he did get the right to use two or three, or one? Answer. Well, he kept the one that was over there on the machine, and the other when we made arrangements with Morey for the exclus. ive right; the other two were reserved. That is how they were re- served for Rice, the privilege of putting on two on his other boilers. Question. Was there anything the day you were there said about return- flue boilers, or fire- bex boilers, or any particular class of boil- ers? Answer. Mr. Rice called our attention to the return-fiue boilers and said, ‘“* Why don’t you agricultural men make this kind of boiler?” He said it was a cheaper boiler and was a better boiler, and that he had used it for some time. I asked him if he had trouble in keeping 295 steam with it, and he said no, he never had. Question. Was there anything said about the use of that boiler for the purpose of onthe ground that it was better for a straw- burner, or anything of that kind, by either Rice or Morey? Answer. Rice, I think, remarked that it was better for straw, he thought, than the others. I think Mr. Rice made that remark. | Question. That was the first exhibition, was it? Answer. That is the first we were called to witness. Question. Did you know whether Mr. Morey did anything to make it public, the fact of its suecess and that exhibition; and, if so, what? Answer. Well, we advertised right immediately after getting the con- trol. We advertised that we had them to attach on engines; 296 ~=that is, Treadwell & Co. did, and Morey, I believe, gave us the particulars what to say about them, or how to—the directions for using them, and so on. Question. Was there any account of this exhibition published ? Answer. Yes, sir. Mr. € ooper at that time was over, and he wrote up an account. Question. What paper was it published in? Answer. In tne Rural Press, | think. Question. Do you remember the day ? : Answer. It was immediately atter ‘the trial; that was sometime in March, 1573. Question. Do you remember the article? Answer. I believe I read the article once or twice. 297 Question. Do you know whether it was a truthful statement of what oceurred ? Answer. Yes, sir; it was abont as the thing cummtuie’ all the way through. : Question. You know these fire-box boilers? You have had large ex- perience in large machinery, haven't you ? Answer. Yes, sir; some. 3 Question. And return-flue beilers for the purpose of thrashing? I 5 eee HEALD VS. RICE. | 71 will ask you whether or not they do the same thing; perform the same functions ? Answer. W bat | is that; the return-flue boilers Question. And the fire-box boilers. Answer. Yes, sir; they perform—produce about the same effect, same result. Question. Did you ever know of these Morey attachments being put. on fire-box boilers Answer. ase I known of any? Yes, I have. 298 Question. Have you ever known them to succeed on them? Answer. Yes, sir. The tube—what he claimed then was the 0] tube. Question. So that they could keep up steam continuously ? Answer. Yes, sir. Question. And thrash ? Answer. Thrash right along. Mr. ESTEE. Mr. Wheaton, when do you claim that Mr. Rice did make his invention ? Mr. WHEATON. I have not set any dates yet. Mr. ESTEE. We, as attorneys for defendant, have a right to know when you claim the invention was made, if you go beyond the , patent. | 299 Mr. WHEATON. I am not tiuied to furnish any time further than our proof, : The Court. June and July, 1873. It has been stated several times ‘that plaintiff had it in use during those months in the threshing season of that year, at least as early as ‘that he claims he has shown he has in- vented it. Mr. EsTEE. Mr. Laffenburg, did you cut out the slip from the Rural Press at the time the account was published of that exhibition ? Answer. I did not cut it out at that time. We were furnished with a paper or two at the store, and [ read it. Question. Would you recognize it if you read it—the article?) (Show- ing it.) Answer. Yes, sir. 300 Mr. WHEATON. Isn’t it usual to get the paper itself? _ WITNEss. (Showing.) This paper here I got myself but re- cently. This is the paper that has a correct account of the trial as near as we witnessed it. Mr. ESTEE. What date was that published ? Answer. This was published on March 22, 1875. Question. Just read it to the jury, please, or I will read it. You say you cut this out ? Answer. Yes; I don’t know whether I had better read this or some one else. Mr. Boat proceeds to read the article. Mr. WHEATON. | ask to have thate ontine “1 toa mere description 301 of what was used and not the writer’s opinion about its being a good thing or a bad thing, a success or a failure. Now, the rule as laid down in the case of Sey mour Vs. Osborn, and I have other cases [ have got marked to that effect, a description in a publication of any- thing prior or anything of that kind must be such a description that a skilled meehanic can take it and make the device or machine from that description. Now Ido not presume that this is anything of that kind at all. The Court. He introduces it as the t testimony of this witness. The 72 ) HEALD VS. RICE. witness says it w as a cor rect account at the time ; hence he makes the testimony. Mr. WHEATON. I object to it because there is no attempt at describ- ing the machine—the. invention. 302 The Court. He is not describing the machine at all. He is giving testimony as to what took place over at that trial. Mr. WHEATON. Well, that is not competent evidence. The writer of this is not under oath. The Court. This is the trial of that machine made by Morey and Rice in Mareh, 1875. You have had three witnesses to prove what took place at that trial. Now this is a part of the witnesses’ testimony as to what took place at that trial. Mr. WHEATON. The witness has a right to tell what took place on that trial, but he has not a night to read “this. The Court. He can take this and refresh his memory and tell what took place. 303 Mr. BoALT. We make this poitht then: We have completely indentitied the occasion and the machines in the experiments which this deseribes. Now it is no longer claimed that Rice made this invention on that oceasion. It is admitted, apparentiy, that if anybody made, the invention then, if the invention was made, it was Morey’s. I understood him to say just now, and your honor to repeat, that the invention was s mace during June and July in the threshing field. The Court. I said at least as early as that. Mr. WHBA’ PON. | say the discovery was made in June or July; that this w as better than the others. That don’t say a word about return- tine boiler im that. | 304 The Court. Then what is the objection to its going in there, as am aceount of what teek place? | (Examining the article.) There are some things which are opinions and not an aceount of what took place. 1 dom’t thimk these opinions are proper testimony at all. Mr. BoauT. The question is whether this was such a success. We claim this was a completed success at that time; that Morey is entitled to the credit of it, and that the impression which was made upon oth- ers and the impression which was thus cireulated through a paper goes to show the faets we claim. The Court. There are a great many > things i in eee that den’t relate to the facts of the experiment, and, I think, are not admissible, if Mr. Wheaton objeets. | willlet you read se much as is deseriptive, or let the - witness read it-to refresh his memory. adjust that oeeias apparatus that you find there in that picture tea r-turn-tiue boiler? Answer. I don’t think it would. Cin stion. To pertorm the same functions ? Answer. I domt think it would. Question. A return-fue boiler and a fire-box perform the same func- tions, don’t they ? Al swer. Yes, sir. Question. What do they do? Answer. For the purpose of making steam. Question. What is the difference between what is known as a 419 _ fire-box boiler and return-flue boiler ? | Answer. A fire-box boiler has a box or a coal place built on the end of the cylindrical tube in which the tubes are inserted and passes through them once up into the smoke-stack. A return tubular boiler, is a boiler in which the tube passes twice, ‘and the products of combus- tion go through the flue first, and then through the tubes. Question. Show the jury what the flue is there on the return- flue boiler—just show them what the flue is. Arswer. The flue is this round piece here that goes all the way through. Question. That is the back end? Answer. This is what they call the front end of the boiler This is where your fire comes. 420) Question. Now what is that; what is this here that comes out ; this round piece ? Answer. That is a portion of the flue and extension of the flue. Question. Does that always come out that way ? Answer. It does. Question. Why does it? Answer. Because you have got to have that return-flue boiler out there when this comes down to form a breeching ; form an inclose space im there so the draft coming from the tube will come up the stack. If that was not there the draft would pass in here and get up the stack without going through the furnace. Question. That is not peculiar to iene iasednn§ 421 Answer. Not at all. Question. It has to be used in all ?. Answer. In all boilers, either external or internal fire, where you go through and return the draft you have got to put a breee hing on the end of those tubes to take the products ot combustion or gasses up the stack or chimney. Question. Mr. Etchell, I am reading from the Rice patent, the reissue : “ Having thus described my invention, what I claim and desire to se- ¢ | | * —— eP =— ana HEALD VS. RICE. a cure by letters patent is: First. The boiler A.” Show the boiler A. Is that a return-flue boiler ? Answer. The whole form; the boiler is the whule thing. Question. ‘‘ Having the furnace C”; where is that? Answer... This is the furnace C, inside of that door. 432 Question. ‘*Grate D?” Answer. That is the grate D there. Question. “The return flues E EK?” Answer. There they are. Question. Those little holes there ? Answer. Those little holes there. Question. “And stack or chimney B?” Answer. This. Question. “Arranged as described, in combinations with the straw- feeding furnace doors and attachments, substantially as and for the pur- pose described.” Now the boiler A, furnace ©, grate D, tube E E, stack and chimney B, what, as a whole does that describe ? : : Answer. That describes a return tubular boiler. 425 Question. Does it describe anything else ? Answer. Nothing but a return tubular. boiler. Question. Is the return tubular boiler, when used for coal, wood, or straw, the same—burning the same; I mean the boiler itself; are they always the same ? ' Answer. We can fire straw, wood, or coal in this same identical boiler. : Question. Well, the boiler itself is a return tubular boiler; is the same ? , Answer. Yes, sir... , Question. Now, Mr. Etchell, have you ever seen any of these tubes for feeding light substance es or fine substances in engines or boilers ? Answer. I have, sir. Question. Describe.to the jury any you have seen, and what 424 application was made of it. , : Answer. I made an application for feeding pulverized fuel ; feeding onthe boilers of the Starr Mill in Vallejo, in 1872 Question. Just show the jury what it was. Answer. That (producing a simple open tube) issubstantially the tube to feed pulverized fuel through. 3 Question. What do you call pulverized fuel? Answer. That is, we put fuel through a pulverizer, atomize’ it, and fed. it through that ‘tube into the furnace of the boiler. Question. Now show the jury how it was adjusted. Answer. I say we ground it po We had a machine what we eall a pulverizer that revolved 2,000 or 2,500 a minute. The coal is fed 425 inthere and the machine pulverized the coal. It entered one end and came out the other. It was attached to the furnace door and that coal was fed in thereby the veloc ity of this disc, running round there, which sent the air through that tube and earried the fuel with it. It was like fuel, and it was intended to be pulverized so light that when it got in the furnace it would flame all at once. It was to save fuel and to save time and labor. That same tube or a tube similar to that. Question. In what kind of boilers did you use that ? Answer. In atubular boiler. The combustion went underneath and came through the tubes. : Question. Do you mean a return-tube boiler ? Answer. A return-tube boiler, but external fire. That is all x 100 ' HEALD VS. RICE. 426 the difference. The products of combustion were returned through the tubes. Question. Explain to the jury right there. There are two kinds of return tubular boilers, one where there is masonry, where these boilers are set in masonry and external fire, and another where they are exter- nal fire; which of them was this? Answer. An external-fire boiler is a boiler set with the. furnace front. There is a furnace front (ill’st.) around this portion of the boiler; it is bricked up probably two-thirds at least in length. It has all been bricked up on each side and those brick walls connect with the boiler about two-thirds of the way up and that is supposed to be the water- line. The water you keep in that boiler up to that brick-work, a little _ above, probably three inches above it. Underneath the boilers 427 are two grates. Itis fired with an ordimary door, such as this. The products of combustion pass on underneath and encircle the boiler all the way up to the water-line where this brick-work comes along here and are retarned back through the tube; these tubes here (illus-. trating)—this is an internal furnace—are not there because this I am speaking of is an external fire furnace. The fire is in the furnace below the boiler and all around underneath and up to this brick-work or the water-line, and returns through the tubes. The brick work Is built all around it, and the end of the brick-work does not connect with the wood- work at all, but passes up and then through the tubes, and then goes up the stack. There is a breeching. The breeching is connected with these tubes so as toformacontinuation of those tubes tothestack. 428 (juestion. Now state to the jury how long that tube you have in your hand there—how long that was. Answer. Well, we could use that from 18 inches to 3 feet. It just depends on where you set the machine. (juestion. How deep? Answer. About 11 or 12 inches long and about an inch and a half wide; in diameter 11 or 12 by an inch and a half. Question. Did you apply those yourself? Answer. Yes, sir. Question. What time of the year of 1872 was it ? Answer. it was about December. We commenced on the work in November, and put these on in December. (Juestion. Now, Mr. Etchell, do you know what kind of boiler 429 Mr. Heald made, or caused to be made, from the 5’ day of May, [8v5, to the 12’ day of January, 1876, and how many he made of these threshing return-flue boilers ? Answer. | believe m the spring he made 7. Question. You think he made 7. Well, what kind of doors did he puton? Show the jury; describe them: describe the whole machine. | Answer. He puts these doors in—at least I did—this kind of a door, the vertical hinge door, substantially like that. Question. is that a correet model of the machine he made? Answer. As near as we can make it. It opened on the vertical—it cnpencd to the side. The CourT. Partly a flue boiler and partly a flue ? 4:0 Answer. Partlya flue: and this is a fire-box, and this is a tube. The only difference between this and that is, this is an internal fire, and the other an external fire. The prodyets of combustion pass through the boiler just the same; at least one passes through on the inside and the other outside. Those are the only difference es in the boilers, any more than this will give a little more he: iting surface, with Aig aE ‘HEALD VS. RICE. 101 a smaller surface. The reason why this is used for threshing is, they will give a little more heating surface for the size and the weight of them. i Mr. Estes. That is, there is more fire surface ? 3 Answer. A great deal more heating surface, not more fire surface. They have been adopted in boilers ‘for portable purposes, and them only. 431 Question. Is there any difference in their make as to burning any kind of fuel? Answer. Any difference in making some for burning any kind of fuel ? Question. Yes; burning straw and all. Answer. A Wood & Mann boiler, or fire-box boiler, you can make steam by burning straw as well as these others. Well, I don’t think there are. Question. State to the jury why. | Answer. Because they are, as we claim, water back engines. The draft or products of combustion do not come in contact with so much metal covered with water as these do. There is more heating surface for the amount of fire. | | Question. The fire from straw is nearly all flame? 432 Answer. Entirely flame. You don’t get any heat from straw, only from the flame. | : | Question. And the flame extends over a very large area? Answer. A large area. It fills that box full and returns back through the tubes. , / Question. While with coal there is a very great heating power aris- ing from the combustion of coal in a body. Answer. In a body, certainly, and from the red coals themselves. A large amount of heat is derived from the red coals laying on the grate. In burning straw, that heat is developed from the flame en- tirely. , : : Question. Now, you have seer that device of Mr. Morey’s, haven’t you, for feeding engines ? | Answer. Yes, sir. — Question. It is upon that machine ? 433 Answer. Yes, sir. Question. I want you to — that and look at Mr. Heald’s, and State to the court and jury whether Mr. Heald’s is the same device or not. Answer. I don’t think it is. Question. What he had then on those engines he sent off with those engines. Answer. | don’t think it isin any respeet. Question. Well, take the other one—that iencatla black oval tube. Answer. No, sir; I don’t think we ever sent anything out that is equivalent to that—the same as that. Question. Now, sometime in the winter of 1874 and spring of 1870 Mr. Heald had two tubes attached to the boiler. 434 Answer. I just stated when I went there, after Mr. Heald had the first boiler, he did make a tube like this, similar to this, with a hinge in it, and we experimented with it, and tried it and condemned it. (QJuestion. You couldn’t make it work ? Answer. We condemned it as unsatisfactory. Question. And you sent out your engine with those doors? dis SPREE MENDY Ba Bit, 6 852) 102 HEALD VS. RICE. Answer. I fitted a door like this on every machine. We weouldn’t use them ; we coneluded it was no aceeunt. for that purpose. Question. [ will ask you to state te the jury if you didn’t suggest to Mr. Heald that you had used those tubes in the Star Mills for feeding light fuel, in 1872. Answer. [ did, sir. I teld him of it, and he knew of it at the 435 time, because I got a portion of it done for the Star Mills, at Mr. Heald’s shep, in fitting these tubes into the door. Question. Were the doors of Mr. Starr’s boilers prepared, that is, the holes drilled in them to put that prpe in Mr. Heald’s shop? Answer. Yes, sir. Question. When was that done ? Question. That was done in the very latter part of November, or be- ginning of December, 1872. I marked out the doors and sent them. to the shop to be drilled out preparatory to receiving the tube. Mr. WHEATON. What time was that used ? Answer. In the fall of 1872: November or December, 1872. A sUROR. Was this pulverized fuel a success? 436 Answer. Well, we didn’t continue its use, but for good reasons, the reasons I know best myself. At the time, I believe, I could make it a success but for other reasons I let it go. The thing would be a very good success fora puddling furnace—anything of that kind— but the machine we had there didn’t atomize it fine enough to flame; it filled up our boiler too mueh; it didn’t atomize fine enough to flame im the furnace; that was the trouble. Mr. ESTEE. Now these machines that Mr. Heald made, ae that were sold and went out, state to the jury whether or not they were prepared to burn wood and straw and coal, whether you can burn wood just as that is now, and straw? Answer. Yes, sir. 437 Question. They were prepa red and expressly stated to the buy- ers in that manner? Answer. All they would have to do for the different kinds of fuel would be to change the grate bars. Question. Show the jury what the grate bars are; show when the change is necessary. Answe r. You see those grate bars just in cies (referring to model); now there is only four of them in’that place. They are made especially for burning straw, but in burning wood you would have to close them up because your wood would fall through there, and get underneath and stop the draft; coal would do the samething. If you need to burn the same kind of wood and coal, you would need to move that bar in closer, _ or another bar in closer, so that the stuff won’t fall through. 438 A JUROR. Are not those things so that you can put in addi- tional bars? | Answer. They are. Mr. Heald made them that way. ‘ You can put in additional bars; any amount you want to. You just fire it up and go right along,and burn coal, wood; and straw with only the additional necessity of closing the grate bars up so that the fuel won’t pass through the bars. Mr. EsTEs. Is there anything new, Mr. Etchell, in the knowledge of the fact that return-flue boilers have a larger heating surface or larger fire surface than the other kind of portable boilers; is there any- thing new in that fact? Answer. Why, no; any engineer would know at once when he sees a description of the boiler. HEALD VS. RICE. 103° Question. Is there any thing new in that return-flue boiler you see be- fore you that Heald made? 439 Answer. Anything new? Question. Anything new? Answer. Nothing that I know is new. Question. Now here is what is known as the Payrie return-flue boiler. I think there is a diagram there of it. A deposition has been intro- duced in evidence; compare the diagram and the deposition and this diagram or Exhibit G, and state to jury what, if any, difference there may be between the Heald boiler as he made it and sent it out to burn straw and the Payne return-flue boiler. Look at it thoroughly and then tell the jury. . | : Answer. Well, sir, there is no difference between Mr. Heald’s boil- ers any more than Mr. Payne has got his door outside and we have ours inside; that is all the difference. Question. Now look at the diagram. 440 Answer. All the difference there i is, Mr. Payne has got his door shut at this place, while we shut in there. , Question. Now state how that is opened there—that projecting piece fastened with that gear, the fastening of that flue. (Showing.) Answer. Fastening of this? | Question. Yes. Answer. Well, we just attach this. right on—attach a lug on the boiler. Question. Take it right up and show the jury. Answer. This door is put on in that manner for the purpose of blow- ing out and cleaning these tubes, and, in fastening that, all we do is to turn that down, and turned the lug, whieh is fastened when we are running. Question. When steam is up you have to have these plates shut? Answer. Yes, sir. 441 Question. Now the fire goes through the damper that way? Answer. Yes, sir. Question. And it comes back through these little tubes ? Answer. Yes, sir. Question. And the smoke aa fire is in there ? Answer. Yes, sir. Question. And then it comes up here ‘through the stack ? Answer. Yes, sir. | Question. That is fast? Answer. That is fastened down in running, but that has a hinge there for the purpose of throwing it open, so that they could use a swab, or for the purpose of cleaning out those tubes, but in running 442 ~=those are perfectly fast, all down tight. A JUROR. A Payne boiler does not have the door on the out- side ? Answer. A Payne boiler has the door on the outside. Question. He must have another door, then. Answer. No, sir; he don’t have any other; just uses that on the out- side. He puts the fuel up in there. He puts the door right on there. Question. Didn’t you say he uses that shelf there? Answer. He uses what we engimeers call a dead plate, from that door outside, and he fires—they have got a model here which I can show you ina moment. He don’t run any fire in this pgrtion of it—what they call a dead plate. Thereis no fire onthat. His fire only comes on the 443 bar. His fire extends to there. This is a dead plate ; no fire i 1a Saree ee 104 HEALD VS. RICE. connected with it all. That we use on all flue boilers everywhere; I never saw one for the last 20 years without it. | Mr. ESTEE. State to the jury—could the Payne boiler be used for burning str aw ? Anawer. Van, sir, without any hesitation. Question. What is the difference in fastening the breeching in the boilers ? Answer. All the difference there is is the mode it appears to be just» in there. I don’t see any material difference in that, no more than the smoke-box and the breeching are both the same exactly , running from ‘the rivetting of the tube sheet to the end of the door there. His smoke- box, where the stack stands on the smoke-box or breeching, is the same. The breeching is merely a continuation to the stack to the bettom of the boiler. 444 Question. Does it make any difference in feeding that machine with straw whether the door is on the outside or inside ? Answer. Not a particle. (juestion. Why is the door in some. machines on the inside instead of the outside, and on others on the outside instead of the inside? Answer. On these machines ? Question. Yes, sir. Why is Heald’s on the inside? Answer. Because we connect right there with the fire-bars. There is no particular object in putting it in there. It might just as well be out there; there is no particular object. If I had the machine to run— if it was given to me to burn straw—I wouldn’t have no hesitation in saying | could burn straw just equally as well with the door on the outside as on the inside. 445 Question. What I am coming at, Mr. Etchell, is this: That in any of these return-flue boilers, whether this one, Payne’s, or any other one, the smoke and fire come right up where you feed. Answer. Yes, sir. Question. Then the whole length of the boiler extending as far back as the chimney is dead work, isn’t it? Answer. Dead work. Question. Now, is there any difference whether you have the door right at the end of the dead work, like this, or whether you haye the door right outside the dead work so far as the practical work of the boiler is concerned ? 7 Answer. Not a particle: not a particle, sir. Question. Well, then, what is the difference between those 446 different kind of boilers? «Have you ever. seen one betore with the door on the inside, that way, of the smoke-chamber ? Answer. Yes, sir; most all these return-tubes boilers—internal fire. The furnace extends over some and the door shuts Inside of it so as to form this breeching in front. You have got te have a breeching in front to return the smoke and gasses up the stack; you have got to have a breeching there; you have got to have an open space or box from your tube-sheet to your door. Therefore you have got to have a space in between that, and you extend your furnace out there; that makes a joint there in between them. You have got to make-an air- tight joint in there, or nearly so. Question. The grate and fire, whether the door is in the inside or outside, must be further down the boiler? Answer. Must be further down the tube-sheet. Question. And beyond where the smoke-chamber is ? 447 Auswer. Yes, sir; because if you don’t you will burn up your { : *, *- sl * HEALD VS. RICE. 105 boiler. You have got no water to keep this portion of your boiler cool. Question. You can’t keep any heavy heat in there by PACING fires on the inside ? Answer. When the gas has gone through that furnace and gone back through the tubes they are supposed to be cool enough, which they generally are, to do no harm to that iron by the water coming in con- tact with it. Question. That is the only place in the bottom where the water does not come in contact with the iron before there is any heat? Answer. Well, there is on the other end. Some use a water-back in there just for enlarging the heating surface. Question. Did you show the jury this shelf here on this door? 448 Answer. Yes, sir; 1 showed them that shelf. Question. What’s the object of that in the Payne boiler? Answer. I never saw the boiler. That boiler (showing) evidently does not burn wood. The object of that shelf there is just to rest his wood on, as he is pushing it in. The object of that shelf is just the. same as any tube boiler; we use what we call a dead plate, as I said before, from 6 to 13 or 15 inches wide, before we come on to grate bars. A JUROR. Is that plate equivalent to Morey’s feeder? Answer..Not by any means. I have used that, I tell you, for the last 15 years. That is equivalent to Morey’s feeder that I used in 1872. I put it on without any patent or anything about it. I never 449 thought of any such thing as getting a patent on that. | Mr. ESTER. The model of the one at the Starr Mills? Answer. It is a fac-simile of the one I attached any way. Mr. WHEATON, It didn’t stay attached? Answer. Oh, well, I know the reason w hy, probably, better than any- body else. Cross-examination Mr. WHEATON: Question. How long did that tube that you used on ‘Hie Starr Mills stay attached ? | Answer. About two months. 450 Question. How much pulverized fuel did you use for any length of time ? Answer. Well, we used it along for about 2 months, and I suppose we were putting ‘through that tube about 250 pounds an hour, running 24 hours to the day... Question. What kind of pulverized fuel did you use? Answer. Pulverized Mount Diablo coal. Question. Why didn’t you keep it on all the while? Answer. Why didn’t we keep it on? Question. Yes. Answer. As I told you the machine is so constructed it didn’t atomize it fine enough. I saw the trouble; at least I saw the trouble, but there Was other circumstances attending it, taking away labor, ete., 451 that I didn’t see fit to go to work and perfect that thing, and I allowed Mr. Starr & Co. to disclaim and throw it out. That was the reason why it didn’t answer the purpose under the conditions which the inventor or owner of the machine brought out there. I didn’t see fit to perfect it. I had reason for not doing so, and I allowed them to throw it out. Question. What do you mean by allowed to throw it out? Answer. If I had interposed any objections to that going out, ‘and applied those means, I could have made that work. It would have Ph Rien td at Ne oct ns oe saat DU emer Sania Seige 106 HEALD VS. RICE. been in no doubt probably, but there was certain things connected with that arrangement that didn’t suit me, and I allowed it to go by default. That is the reason why it went out. (jnestion. What kind of a boiler was that of Star’s? 452 Answer. That boiler there of Star’s was an external fire-tube boiler. This machine was attached on the furnaee. The farnace was built under the boilers especially for receiving it. Question. Areany of those boilers about whieb you have testified, either those external fire or return fluaes—are they suitable for portable boilers? Answer. I saw one on the street to-day. I don’t know how old it is; just a plain tube boiler with a fire-box around it—goes all around it and comes back. I hever saw one before to-day though. Question. Was there any you saw prior to 1873 suitable for portable boilers ? i Answer. If-I had been interested in portable boilers before that time, but I never was, I was always on the larger mills—if I had been mter- ested, | probably. would have used that same boiler if I had wanted ; if the necessity had existed with me, I probably would have used that boiler. 453 Question. I am not talking about what you might have done, but what was done. Was there any of them you saw, just as you saw them, suitable for portable boilers ? Answer. Those external fire return- tube boilers, ene can be used for that purpose. (Juestion. Were they suitable for that purpose ? Answer. I am engineer enough to say | ean make them suitable for that purpose. (Juestion. Were they you saw suitable for that purpose; not what you might have made, or r whethe ‘r they could be made; what were they at that time? Answer. The ones I saw in use? (Juestion. Yes, sir, = : Answer. Well, no; we could not well pack around a large 454 amount of brick-work, &c., out in the field. (Juestion. Is Mr. Rice’s boiler or Mr. Heald’s, as he now makes it, any improvement over those external fire-tube boilers for portable purposes ? Answer. For portable purposes, they are. Question. Is it sometimes the case that it is possible to make too much fire surface for a boiler? 7 Answer. It is sometimes the case. Whenever you get too much fire surface for a boiler, you can always decrease your grate-bar surface unless you have contracted in your furnace and grate bars; you can in- crease or decrease your grate- ly: ar surface, ace cording to the amount of heat you get. Question. I say, is it possible to make a bojler with too much heating surface 7? Answer. Yes, sir. 455 Question. Do you know the reason all railroads use fire-box, and don’t use the return-fine boilers ? Answer. Yes, sir; I think Ido. That is because they ean be put up in a smaller space; they can put in more tubes in the same space. They have a heavy blast, and the amount of heating surface they can get with a fire-box and tubes is ¢ onsiderably more than you can get any- where else. It is for the special purpose of getting a larger amount of surface, because they have got so much blast i in the stack, they can use a much larger amount ot fuel. HEALD VS. RICE. 107 Question. Why wouldn’t straw be first rate in running a locomotive ? Answer. The blast is: too great; not only the blast of a locomotive boiler would lift coal off the bars, to say nothing about straw, because in a locomotive boiler it only goes through the tube once. 456 Question. Then you think there are some boilers that straw would not work in successfully ? Answer. It is not the boilers, it js the business which it is used for. If I was going to take a fire-box boiler and a locomotive boiler to put down here a’ 8 or 10 horse-power, something of that kind, I could use straw in it; but when I take a locomotive to haul a train of ca rs over a hill I could not use straw as fuel, because the blast would be too great, emanating from two- cylinders. It is not the boiler, it is the purpose you [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Aper_scotus_1881_193%3A0. Public record. Not legal advice.