Record and brief — Charles N. Black, Administrator of Moses Thompson, Deceased, and Eliza W. Fitzgerald, Administratrix of William P. N. Fitzgerald, Deceased, Appellants, vs. Samuel Thorne, Jonathan Thorne, and James McFarlane
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SUPREME COURT OF THE UNITED STATES,
OCTOBER TERM, 1883.
No. 231.
CHARLES N. BLACK, ADMINISTRATOR OF MOSES THOMPSON,
DECEASED, AND ELIZA W. FITZGERALD, ADMINISTRATRIX
OF WILLIAM P. N. FITZGERALD, DECEASED, APPELLANTS,
VS.
SAMUEL THORNE, JONATHAN THORNE, JUNIOR, AND JAMES
McFARLANE.
APPEAL FROM THE CIRCUIT COURT OF THE UNTITLED STATES
FOR THE SOUTHERN DISTRICT OF NEW YORK.
FILED MARCH 18, 1881.
SUPREME COURT OF THE UNITED STATES,
OCTOBER TERM, 1883.
No. 231.
CHARLES N. BLACK, ADMINISTRATOR OF MOSES THOMPSON,
DECEASED, AND ELIZA W. FITZGERALD, ADMINISTRATRIX
OF WILLIAM P.N. FITZGERALD, DECEASED, APPELLANTS,
Vs.
—
mm. SAMUEL THORNE. JONATHAN THORNE, JUNIOR, AND JAMES
; McFARLANK. |
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“WNim- °; APPEAL FROM ‘THE CIRCUIT COURT OF ‘TIE UNITED STATES
Died oA - 1 vrEY YI>oXy ‘av ED ergy y Y yy y 4 Pic
1h) ce FOR THE SOUTHERN DISTRICT OF NEW YORK.
FILED MARCI 18, 1881.
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| INDEX.
ORIGINAL. PRINT.
IR cecccccee 00.0000 vaunsiinsi: wbjatein daltons Ualesns Aabiaibaiaa: saints il taint deine 1 1
BR eB Caanplaint .......0 sicssisiciniidissdiaebisink italics ates miata 3 1
BBWC ccececses 000002 coccccces cosssese sess evense ei ein wi. a Sita agian 7 1
II ccconreee stecerces coneccent ilies unis iene aman antancl 299 «19
TESTIMONY ON PART OF COMPLAINANT.
Preeti CE Pames COUasins, ...00...0e cessndness iicass sceuannes setae assess eadewions 32 2
Wes TF. When Behl... ccisenss sdlatiics isiinncsseibainisbane tian ibiguiiiaain 38 24
PE GF. DROS crecnsece ecceccecs Hints ieee baa 42 26
IE TRL: Fe OR Ricstecccesscccccc+se. shisha 45 29
TE Tis BI e000 ccs v0ccee 000.000 sihiiihieniinnlaniieniahinn” spemdlac ube oe
Ie Fike cetcnne sevecesse 100000<8siee eee oi Oe
John IL. Kiersted 2.2.2... ceeceees sence anctiapiniaiiianiaiiieiaaaaals DT OD
FINE cactnsinnns cetecnces 100e+eeee diieiiiinn Maaeenaenlae GC 37
re EN itciiisenithcsnscesences +00 avecceess tienen bo AD
George J. Woodward. ...cccece coeeee 0600 <onensiileniaiiinn nail 7) ©6442
Ne UE citeninieneeantsscens 00000 coccse consinniiicaias anal 09 46
| Conrad Klein...... .cccece -piapinion conser cossceses sacowtllenainel Sf 48
7 I ie I iiiicainisite ctnnun antnneces o0sece cccee cccciene SO 50
, I hit ntiiinitsin savnte arennecee coaves cocces sesccdaehenlll 94 #2
| SOT BH. BOR oocccc ccccee cocecee iastesaieieet done ane 4 osieisieianean 4 ) O
NN HEU TININNIT i ctissiciess nhamennan sennwenee covsce cocconshs ama lot 5G
2 | SE, OE TOURGON cccisinines 60s0ce ctcnccces cecesccce coocees secaeeeesneeeeees aeeeeeens 128 - 74
: t Thompson’s reissued pateni, Gatedtt Jinved’e St. US5T ccccee cecececetesessn 132 77
) 4 I i als sil a cl eemdinene ontece ce cocces OEP ENEME EN
ii asa ca REE dls city PAN ESE Se eee
INDEX.
ORIGINAL, PRINT.
141 &3
Extension Of Sime ..ccccce coceess See oe asec sitaccias lie aii ale 149
152
Deposition of Wim. H. Plamb alebPiescee cooses eaneaaen ane sanadenes sauscnnedaes a2
Letters of administration issued to Charles N. Black........ ith lla
Thompson’s patent, dated December 15, T8907 cccccee ceeceeeee seeeee sooenenne
Letters of administration to Eliza W. Fitzeerald. ...........ccccccees oe
Assignment to William P. N. Fitzmerald cc... ce... cceeweeee » bG2
EVIDENCE FOR DEFENDANTS.
‘Pestimony of Joseph B. ROTC ccccccese + esssunseumenniees
David B. Crockett,
MeeeeGee A. Sebetles csesiacs cisiccsene
Mationtote! A. Bevttaett cccevcuss sdocccdea iamneeen wotien sree teed ecules
Harvey S, Ladew.....
AEN DPC VETOUX .occcs cccmmseies steed elebeibis sain eee
George V. Sorubureer...... see. sebiamahaaicie ee . er —
Chinrles Cooper *@eeneneeaereee @ eee eee e*eeeeeeeerve eeeeeeeaee eee eeeseeeeer ee ee ee
Adolph Faber adit Kaur eeeeeeeee eee eee eeeeeeeeae eeeeee
Jaekson S. Sehultz
EXHIBITS.
Drawing of model Deftts’ Exhibit (Woodstoek) No,
Drawing of model Def ts’ Exhibit No,
Drawing of model Defts’ Exhibit (Sparrowbush) NO. 13 cscs. ceeeee wie
Supplemental bill Wished whedon pheden Hieeieanininds tmbide wiebbaitin
Hearing of cause on ple sine ws iil IES incinnnkqus:xcheutenns sili
Opinion of Judge Blatelford....... SaEEEOE Stdene 148008 seeeesnes saceus as ethon tweed
Interlocutory decree
Benet OF MaebOT sennncies vdlbves essere: ensues ononsnen seravadeoers simneinnhean icine seneswniie
TESTIMONY ON REFERENCE.
Testimony of John W.
SORE Be TROVE ccewiinse :dcvesees
SWS TS, I saeiccns wae csiecha sicene seinen ninann et pilbeninn einai
SOUR TIE: cecnnsctk thninn ptessncerens jen » nenndeind enemas
Jolan: Ti. ThsO WG... cctessces -ccccoese». idtekniin eeeininienenmnns
a I hin s debtciecncniwicant stn stdin tbncenn -
Bi FOE ia tetltsin ss see i ticcnimaninie tn moda
A. Faber du Faur, reealled,.....
James Freeman
James. McFarlane. recalled ......05. coccss cocces coves (enact ies
Exhibit McFarlane, Nov. 12. 1872—Statement of hides sent to tan-
‘Sestimony of Daniel Reynolds...... denne 10 Ennh Nei enns «nie iene eibint Nelnatibie
Le. BR. BOP cece ceses (acne eseien jedewdeed shannduse aemneinen seneninds
Defendants’ exceptions to Master's report .......ccccece cecceeeee |
Hearing and exceptions to Master’s re ene idnendisctensnneion %
Opinion of Judge Blatchford on exceptions to Master’ pn nsisunses
Order setting aside report OF Master, GC..cccccce sosccccscssccccccccs sosccccsccce &
Report of Master eedee seoedie oc cone OSROSEUEE SERGNUUEN ndesunene endnen vuneun memienaNe
INDEX.
ORIGINAL.
TESTIMONY TAKEN BEFORE MASTER.
Téstimony Of Robert BL. Thurston ......000. seccceces coccccses coccce ccccccecs sosees OU
Complainants’? Exhibit No. 1—Memo. of trial of furnaces by Prof,
Thurston....... SAH eign SCR neneiie-s paaeainn iia iiaiaiibiils dentine « seceees NAMI . d24
Testimony of George M. Rea......... eee eee ad dinaiichiiien nempeeees conidia 3035
John W. Brackney........... FEE roe eT eiibiidaiedaae wn osetalll 368
Professor Thurston, reealled........ i ilies dinenence ol 37 |
William TH. Plumb........... ede aseiehets eUknidwbidn neces sumdia
Defendants’ Exhibit No. 1—Statement of A. Faber du Faur as to
efficiency of boilers
I Se ee ae Ge BE unnednissininins sda ts ctenttienancsvce sc ccee cscs at
Charles Cooper
David Sweet........ cabal el chiaa salicnd ailae lead aide adpeee dencoweth
I Te eliiisd & cntenntias Saceninn: Ho xner sede: aiaiecnenenl
Cyrus Whitcomb
J. IW. Mosser........ a ale tice ennwes cnceet
Maurice M. Schultz.......... ......0 sig
I ult eleindicene ancoes
I tik, WINS icciicnee eicvesie cama mopawasin Menhile idiledaeetinn
J. B. Hoyt, reealled Scie aaaiale sities 000, GE
EL Pere a
J. B. Hovt, continued 400
A, FaBer Get FAR, TOCA. cccccsess ccccwncen + +000 we 400
Complainants’ exceptions to Master's report 401]
Hearing and exceptions to Master’s report 405
Order overruling exceptions to Master's report 406
ee I i iciibinisncs needed as kdine dxanen veins . 407
Consent as to reeord 410
ee Be Te ac I Sasaki. sists dei nite tidind nrintnnin ste ve cee 412
Bond on Appeal to U. S. Supreme Court 416
Citation on Appeal to U.S. Supreme Court
Clerk’s Certificate, ......002 scsccess -2scee 00 eens ee hi ni sinh Sita aadeneeee 422
iil
PRINT,
306
31]
316
317
Old
32]
323
329
328
330
Dot
3H)
336
300
338
339
309
340
341
ot]
342
S44
344
BLACK ET AL. V. THORNE &T AL.
The President of the United States of America to S:imucl
Thorne, James McFarlane, and Jonathan Thorne, greeting:
You are hereby commanded that you, and each of vou, personally
appear before the judges of the Cireuit Court of the United States of
America for the southern district of New York, in the Second Cir-
cuit Court, in equity, on the first Monday of October, A. D. IS69,
Wherever the said court shall then be, to answer a bill of complaint
exhibited against vou in the said court by Charles N. Black & al.,
and to do further and receive what the said court shall have con-
sidered in that behalf. And this vou are not to omit under the pen-
altvy on you of two hundred and fifty dollars,
Witness IIon, Salmon P. Chase, Chief Justice of the Supreme
Court of the United States, at the city of New York, on the Lith
day of September, in the year one thousand eight hundred and sixty,
and of the Independence of the United States of America the ninecty-
fourth.
(Signed) KENNETT G. WHITE,
Clerk.
CHARLES N. BLACK,
Complts Solr.
The defendants are required to enter appearance in the above
‘cause In the clerk’s office of this court on or before the first Monday
of October, 1869, or the bill will be taken pro confesso against thei.
K. G. W., Clerk.
[Endorsed :] Personally served on the within-named = de-
fendants; Francis C. Barlow, U. S. marshal; Sept. 14th;
filed Sept. 20, °69,
8 In Eoutrty.
To the Honorable the Justices of the United States Crrent Court for the
southern district af New York, sitting ue equity:
Charles N. Black, as he is administrator of the estate cf Moses
Thompson, late of Boston, in the county of Suffolk and common-
wealth of Massachusetts, deceased, intestate, as citizen of the state
of New York, for the southern district of New York, and Eliza W.
Fitzgerald, as she is the administratrix of William DP. N. Fitzgerald,
late accitizen of the city, county, and state of New York, deceased,
intestate, against Samuel Thorne, James McFarlane, and Jonathan
Thorne, jr., all of the city, county, and state of New York, copartners
in business under the firm name and style of Therne, McFarlane &
Co., and within the southern district of New York.
And therefore your orators complain and show that heretofore,
and before the 10th day of April, A. D. one thousand eight hundred
and tifty-tive, said Moses Thompson, being then a citizen of the
United States, was the original and first inventor and discoverer of
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“~ BLACK ET AL. V. THORNE ET AL.
cerfain new and usetul improvements in| burning wet fuels; that
being such inventor, said Moses Thompson made ap plication
$ In owriting to the Commissioner of Patents of the United
States for the granting of letters patent of said improveme nts,
and duly swore to the specilication for that purpose, Phat said im-
provements were not, nor was either of them, at the time of said ap-
plication, on public use or on sale with the consent or allowance of
the said Moses Thompson, as the inventor or discoverer thereof, con-
trary to the prov isions of the statutes in such eases made and pro-
vided, nor was not, nor was either of them, kuown or used prior to
the invention of the said Moses Thompson.
That the suid Moses Thompson duly complied 1 in all respeets with
all the necessary conditions and requirements of the statutes of the
United States in such cases made and provided prior to the granting
of the letters patent hereinafter mentioned,
That on the 10th day of April, A. D. 1855, letters patent of the
United States, bearing date of that day, were issued to the said
Moses Thompson, his heirs, administrators, or assigns, for the fall
term of fourteen years from the said 10th day of April, A. D. 1855,
for the full and exclusive melt and liberty of making, constracting,
using, and vending to others to be used the said invention or im-
provements, a description whereof was given in the words of the said
Moses Thompson in the schedule annexed to said letters patent, and
Was made part of the same.
That letters patent were issued in the name of the United States
of America, and were sealed with the seal of the Patent Othce of
the United States, and were signed by the Secretary of the Interior,
and were countersigned by the Comnnussioner of Patents, and were
issued and delivered to the said Moses Thompson.
That before said Moses Thompson obtained said letters patent, he
did, in accordance with the requirements of the statute in that behalf,
deliver to the Commissioner of Patents of the United States a written
description of said inventions and the manner and proof of making,
constructing, and using the same, and specified and pointed
D out the part, improvement, or combination which he, the said
Moses ‘Thompson, claimed as his invention or diseovery, and
did aecompany said description with drawings of said iuvention or
improvements, Which said) description was signed and sworn to by
said Moses Thompson and attested by two witnesses, and tiled in
the Patent Oiffice. .
And vour orators further show that a copy of said saibiais s patent,
and the schedule annexed thereto, as aforesaid, are aunexed hereto,
marked A,” and which your oraters pray may be deemed and taken
a part of this their Jill, and to the original of Which, how in your
orators’ possession, and ready to be produced, they crave leave. to
refer,
And your oraiors further show that heretofore, and on the 7th day
of October _ A.D. 1856, the said Moses Tho; Mpson Was advised by his
said counsel and verily believed the said letters patent Were Noperative
. 9
™“
SLACK ET AL. V. THORNE ET AL. )
bv reason of a defective or insufficient description or specification ;
and such detect or error liavi Ing arisen through inadvertence, accident,
or inistake, without the fraudulent or deceptive intention on the part
of the said Moses Thompson, said letters patent were surrendered by
the said Moses Thompson on said 7th day of October, A.D. 1856, to
the Commissioner of Patents, who thereupon accepted such surren-
der, and issued unto said Moses Thompson a new patent for the same
invention for the residue of the period then unexpired for whieh the
original letters patent were granted, to wit, for the term of fourteen
vears from the said 10th day of April, A. D. 1855, the date of the
original letters patent, and that said reissued letters patent were made
In accordance with a corrected and amended description ino writing,
made by the said Moses Thompson, and filed in the office of said
Commissioner of Patents. That on the 7th day of October, A. D.
1856, said reissned letters patent, bearing date of that dav, were
issued to said Moses Thompson, ace cording to law, whereby there was
ves to the said Moses Thompson, his heirs, administrators,
O ‘assigns, for the term of fourteen years from the said 10th
day’ of April, A. D. 1855. the date of the original letters pat-
ent, the full and exclusive right and liberty of making, constructing,
using, and of vending to others to be used the invention and j imMprove-
ment aforesaid, a corrected and amended description and specifica-
tion whereof was given in the words of said Moses Thompson in the
written schedule annexed to said reissued letters patent, and was
made part of the same; that letters patent were issued in the name
of the United States of America, and were sealed with the seal of
Patent Office of the United States, and were signed by the Secretary
of the Interior, and were countersigned by the Commissioner of Pat-
ents, and were issued and delivered to the said Moses ‘Thourpson.
That before said Moses Thompson obtained said letters patent, he
did, in accordance with the requirements of tie statutes In that be-
half, deliver to the Commissioner of Patents of the United States a
corrected and amended written description of said) invention, and
of the manner and process of making, constructing, and using the
sume, and specified and pointed out the part, Improvement or com-
bination which he, the said Moses Thompson, claimed as his inven-
tion or discovery, and did accompany said description with drawings
of said invention or improvement, which said description was signed
and sworn to by the said Moses Thompson and attested by two wit-
nesses, and tiled in the Patent Office.
And vour orators farther show unto vour honors that heretofore,
and on the }ist day of March, A. D 1857, the said Moses ‘Thomp-
son was advised by his counsel, and verily believed to be true, that
said letters patent, to wit, those bearing date the 7th day of October,
A. D. 1856, were inoperative, by reason of defective or insufficient
description or specification, and such defect or error having arisen
through inadvertence, accident or mistake, without any frandalent or
deceptive intention on the part of the said Moses Thompson, said
4 BLACK ET AL. V. THORNE ET AL.
letters patent, to wit, those bearing date A. D. 1856, were
surrendered by the said Moses Thompson on said 3ist day of-
March, A. I). 1857. to the Commissioner of Patents, who
therenpon aceepted of such surrender, and issued unto said Moses
Thompson a new patent for said invention, for the residue of the
period then unexpired for which the original letters patent were
eranted, to wit, for the term of fourteen years from the said 10th
day of April, A. D. 1855, the date of the original letters patent;
and that the said last reissued letters patent bearing date of that day
were issned to the said Moses Thompson, his heirs, adininistrators or
assigns, jor the term of fourteen vears from the suid 10th dav of
April, 1855, the date of the oniginal letters patent, the full and ex-
clusive right and liberty of making, constructing, and using, and of
vending to others to be used, the inventions and improvements
aforesaid, a corrected and amended description and specification
Whereot was given in the words of the said Moses Thompson in the
schedule annexed to said last reissued letters patent, and was made
part of the same.
That said last reissned letters patent were issued in name of the
United States of America, and were sealed with the seal of the
Patent Office of the United States of America, and were signed by
the Secretary of the Interior, and were countersigued by the Com-
Inissioner of Patents aforesaid, and were duly issued and delivered
to the said Moses Thompson.
That betore said Moses Thompson obtained said letters patent last
mentioned, he did, in accordance with the statutes in that behalf,
deliver to the Cominissioner of Patents aforesaid a corrected and
amended written description of sad invention and improvements,
and of the manner and process of making, constructing, and using
the same, and specified and pointed out the part, improvement or
combination which he, the said Moses Thompson, claimed as his in-
vention or discovery, and did accompany said description with draw-
Ings of the said Invention or improvement. which said de-
s scription was signed and sworn to by the said Moses Thompson
and attested by two witnesses and filed in the Patent Office.
And your orators further show that heretofore, and before the 15th
day of December, A. D. 1857, said Moses Thompson, being a citizen
of the United States, was the original and first inventor of certain
new and useful improvements im Begasse furnaces; that being
such inventor and discoverer, suid) Moses Thompson made applica-
(hon an writing to the Commissioner of Patents of the United States
for the granting of letters patent for said improvement, and duly
swore to the specification for that purpose; that said inventions were
not, nor were either of them. at the time of said application, on pub-
lic use or on sale, with the consent or allowance of said Moses
Thompson, as the inventor or discoverer thereof, contrary to the
provisions of the statutes of the United States in) such cases made
and provided, and was not, nor was either of them, known or used
anterior to the invention or discovery thereof by the sald Moses
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BLACK ET AL. V. THORNE ET AL. vw
Thompson. That the said Moses Thompson duly complied in all
respects with all the necessary requirements of the statutes of the
United States in such cases made and provided prior to the granting
of the letters patent hereinatter mentioned.
That on the said 15th day of December, A. D. 1857, letters patent
of the United States, bearing date of that day, were issued to the
sald Moses Thompson, according to law, whereby there was granted
and secured to the said Moses Thompson, bis heirs, administrators
or assigns, for the term of fourteen vears from the said 15th day of
December, 1857, the full and exclusive right and privilege of mak-
Ing, constructing, using, and vending to others to be used the inven-
tious and improvements aforesaid, a description where was given, in
the words of the said Moses Thompson, in the schedule annexed to
suid letters patent, and was made part thereof.
Phat said letters patent were issued in the name of the United
States of America, and were sealed with the seal of the Patent
y Office of the United States, and were signed by the Secretary
of the Interior, and countersigned by the Commissioner of
Patents of the United States, and were duly witnessed and delivered
to the said Moses Thompson.
That before said Moses Thompson obtained said letters patent he
did, in accordance with the statutes in that behalf, deliver to the
Commissioner of Patents aforesaid a written description of said in-
vention, and of the manner and process of making, constructing, and
using the same, and specitied and pointed out the part, combination,
or Improvement which he, the said Moses ‘Thompson, claimed as his
Inventions, or Improvements, or discovery, aud did accompany said
description with drawings of the said inventions or Improvements.
That said description was signed and sworn to by the said Moses
Thompson, and attested by two witnesses and filed in the Patent
Office.
And your orators further show unto your honors that a copy of
said letters patent, and of the schedule annexed thereto as aforesaid,
are hereunto annexed and marked *C.? and which your orators
pray may be deemed and taken as a part of this their bill, and to the
original of which, now in your orators’ possession and ready in court
to be produced, they crave leave to refer.
And your orators farther show unto your honors that the said
Moses Thompson, during his lifetime, did, by an instrument in writ-
ing under his hand, sell, transfer, assign, and convey, for a good and
valuable consideration, to William P. N. Fitzgerald, on the 1th day
of December, A. D. 1857, one undivided filth part of said letters
patent in, to, and for the states of New York, New Jersey, and
Vennsvivania; that said deed of convevance was received and re-
corded in the Patent Office of the United States Mareh 10th, 1858 ;
that the original is now in your orators’ possession, ready in court to
be produced, and which your orators pray may be deemed and taken
as part of this their bill.
: y
6 BLACK ET AL. V. THORNE ET AL, d |
And vour orators further show unto vour honors that here- ,
10 tofore, and on the 2ud day of August, A. D. 1809, Charles
N. Black, one of your orators, was duly ap pointed 3 dininis- ia
trator of the estate of the said Moses Thompson, late of Boston, in
the connty of Sutfolix, in the commonwealth of Massachusetts, de-
ceased, intestate, by letters of administration issued under the seal
of the Surrogate’s Court in the city of Brooklyn, in and for the
county of Kings and state of New York aforesaid, on the said 2d ~
day of August, A. D. 1869, and that he gave bonds to the accept-
ance of said surrogate for the faithful performance of lis trust ac-
cording to law in that behalf. That a certificate of lis appointment
as administrator was issued by and ander the seal of said Surrogate’s
Court on the 2d day of August, A. 1D). 1869, a copy of which Is hereto
annexed, and which your orators pray may be deemed and taken as
part of this them bill, and to the original of which, now in your ora-
tors’ possession and ready in court to be produced, they crave to
refer. :
And your orators further show unto yoar honors that heretofore,
and on the 28th day of September, A. D. 1867, liza W. Fitzgerald,
one of your orators, Was duly appointed adniinistratrix of the estate
of William I) N. Fitzgerald, late of the city, county, and state of
New York, deceased, intestate, by letters of administration issued by
and under the seal of the Surrogate’s Court, in and for the city and
county and state of New York aforesaid, on the 28th day of Sep-
tember, A. D. 1867, and that she gave bonds to the acceptance of
said surrogate for the faithfal performance of her trust according to
law in that behalf, and in all respects duly complied with all the re-
quirements of the law in that behalf.
That a certificate of her appointment as aduministratrix aforesaid
was Issued by and ander the seal of the said Surrogate’s Court on the
2sth day of September, A. D. 1867. 9 That a copy of said letters of |
administration are hereto annexed, and which your orators pray may
be deemed and taken as a part of this their bill, and to the original of
which, now in your orators’ possession, they crave leave to refer, ¢ ‘
11 And your orators further show unto vour honors that Aaron
Woodman, of the city, county, and state of New York, was
formerly, and prior to the appointment of C. N. Black, one of your
orators, administrator of the estate of the said: Moses’ Thompson, havi Ing
been soap potted accor ding to law; that, as such administrator, he peti-
tioned the Commissioner of Patents of the United States of America. {
. in accordance With the statutes of the United States in that behalt
inf@de ahd provided, for the renewal of the patent granted to the said i
eMoses. Thompson April 10th, 1855, reissned October 7, 1856, and he
reissued again March 3ist, 1857; and that the said Comunissioner of
Patents did thereupon, in accordance with the power vested in him by
the statutes ofthe United States Jon the 8th day of April, A. D. 1869,
extend and renew the said patent for the term of seven years Salen
and after the said 10th day of April, A. D. 1869, and that the said a
patent has now the same effect in law as though the same had been
~eh =
BLACK ET AL. V. THORNE ET AL. ri
granted originally for the term of twenty-one years; that the said
renewed and extended patent was sealed with the seal of the Patent
Office of the United States and signed by the Commissioner of
Patents, and recorded in the Patent Office, and duly delivered to
the said Aaron Woodman, as adiinistrator aforesaid.
And your orators further show unto your honors that Aaron
Woodman resigned his trast as administrator of the estate of said
Moses Thompson, and Charles N, Black appointed such administra-
tor, as hereinbelore set forth.
And your orators further show to your honors that Charles N.
Black, one of your orators, in and by virtae of Ins appointment as
wdministrator of the estate of the said Moses Thompson as aforesaid,
is now entitled to all rights, interest, and privileges secured and
granted to Aaron Woodman as administrator of the said estate of
Moses Thompson, as aforesaid, in and to the extension and renewal
of said letters patent, as hereinbefore set forth.
12 And your orators further show that in and by virtue of the
appointinent of Charles N. Black as administrator of the
estate of the said Moses Thompson, and in and by virtue of the
appointment of the said Eliza W. Fitzgerald as the administratrix
of the estate of the said William DP. N. Fitzgerald, they became,
were, and are now entitled to have, demand, and recover all goods,
rights, chattels, and claims for damages due and accruing to the
said Moses Thompson and Wilham PLN. Fitzgerald during their
lifetime, and to the estates of the said Moses Phompsomand William
PLN. Fitzgerald since their decease, and that the said Moses Thomp-
son and William P.N. Fitzgerald, in their lifetime, were, and that
your orators, Charles N. Black, as administrator of the estate of
said Moses Thompson, and vour orator, Eliza W. Fitzgerald, as
adiministratrix of the estate of said Wilham DP. ON. Fitzgerald, are
now entitled to all the rights, interests, and privileges secured) and
granted to the said) Moses ‘Thotmpson, his heirs, administrators, or
assigns, In and to sud inventions and improvements, in and for the
said states of New York, New Jersey, and Penusylvania.
And your orators further show to your honors that said inven-
tions and inprovements so patented as aforesaid are, and each of
them is, of great value, Importance, and utility; and that the same
are capable of being used in furnaces tor burning wet fuels to very
great advantage, and that the same been extensively introduced
into public use, and that the public have generally acquiesced in the
rights of the said Moses Thompson and of the said William P. ON.
Fitzgerald, and of your orators as adininistrator and adininistratrix
as aforesaid, for the states of N. York, N. Jersey, and Pennsvivania
aforesaid, in and to the said inventions and improvements; and that
the said Moses Thompson and the said Wilham DP. N. Fitzgerald
would in their lifetime, and your orators as adininistrator and ad-
ministratrix aforesaid would, but for the unlawtal and wronetul acts
and doings of the said defendants, and others acting in con-
13 cert with them, have made large gains and profits from the
manufacture and sale or said inventions and improvements.
S BLACK ET AL. V. THORNE ET AL.
And your orators further show unto your honors, upon informa.
tion and belief, that the said defendants made, constructed and used,
or caused to be made, constructed, and used, and that the said de-
fendants are now using one of said furnaces, so constructed and
made as aforesaid, at the town of Laporte, in the county of Sullivan,
in the state of Pennsvivania; and one of said furnaces at Albion, 1
the county of Oswego, in the state of New York; and one of said
furnaces at some pl: ice or town in the state of New York or Penn-
sVivania, but at what particular place or town Is at present to your
orators unknown.
And that the said defendants, Samuel Thorne, James MeFarlane,
and Jonathan Thorne, jr., doing business in the city, county, and
state of New York, and within the southern district of New York,
well knowing the premises, rights, and privileges sec page unto the
suid Moses Thompson in his litetime, and of William P. N. Fitzeer-
ws las part owner, as hereinbefore set forth, and of your ooh us
administrator and admiuinistratrix, as heretofore set forth, but con-
triving to injure the said Moses Thompson and the said William P.
N. Fitzgerald in tieir lifetime, and vour orators as administrator and
adiministratrix as aforesaid, and to deprive them of the advantages,
benefits, and profits which might, and otherwise would, have accraed
to them at Laperte, in the county of Sallivan, and Albion, in the
county of Oswego, both in the state of New York, and at some other
town or place in the state of New York or Pennsvivania, but at what
particular place or town is at present to vour orators nuknown, and
without the Ncense and permission of, and against the will of, the
said) Moses Thompson and William PLN. Fitzeerald, in their life-
time, and license or permission, and against the will of your
orators in their capacities atoresaid, the said defendants have
ever since the unlawtally and wrongly
14 made, constructed, and used, or caused to be made, construct-
ed, and used, furnaces. containing said inventions and im-
provements, and in violation of and infringing upon the exclusive
rights secured to the said Moses Thompson in his hfetime; and tie
sald defendants, in the lifetime of the said Moses Thompson and
William P.N. Fitzgerald, did derive and receive, and since their
deaths have derived and received, and are still deriving and receiv-
ing from such unlawfal making, construction, and use, great @aius
and profits, but to what amount your orators cannot with exactness
set forth.
But your orators believe the same to be nine thousand dollars,
and so charge the fact to be, and pray that the said defendants may
be required to make disclosure of all such gains and profits ; and
your orators in like manner aver that the defendants. though re-
quested by the said Moses Thompson and William P.N. Fitzger ral
in their life ‘time, and by vour orators in their several capacities afore-
suid, to desist from sue ‘) nnlawtul making, construction, and use, and
to pay the said Moses Thompson and Willian PN. Fitzgerald in
their lifetime, and to your orators in their said several capacities as
!
eel
BLACK ET AL. V. THORNE ET AL. {)
aforesaid, all such gains and profits as they, the said defendants,
have actually made; but the said defendants have wholly neglected
and refused so to do.
By means whereof the said Moses Thompson and William P. !
Fitzgerald in their lifetime, and your orators in their several capaci-
ties as administrator and adiministratrix as aforesaid, have been
greatly injuared—deprived and prevented from recovering the gains
and the profits to which the said Moses Thompson and the said Wil-
liam PLN. Fitzgerald in their lifetime, and your orators in their ca-
pacities aforesaid, are now entitled from the exclusive rights and
privileges so granted and secured as aforesaid. And which the said
Moses ‘Thompson and the said) William PLN. Fitzgerald in their
lifetime, and your orators in their several capacities as aforesaid,
would have received but for the said wrongful acts of the said de-
fendants,
15 And that the said defendants, their attorney, solicitors,
clerks, servants, agents, and workien may be perpetually en-
joined and restrained, by a decree of this court, from directly or in-
directly making, or causing to be made, or using, or causing to be
used, In any manner, any farnace containing or embracing said in-
Ventions or hniprovements, or either of them, ovr of any substantial or
material part thereof, or infringing upon or violating said letters pat-
ent, by the use or sale of sald improvements Tm any Way whatsoever,
and that said defendants may be decreed to account as aforesaid,
and to pay the costs of this suit, and that vour orators inay have such
other and further rehef as the equity of the case may require and as
to your honors may seem fit.
To the end, therefore, that the defendants may, if they ean, show
cause Why vour orators should not have the relief hereby praved,
and may full, trae, and perfect answers make, according to the best
of their knowledge, remembrance, information, and belief, to the
tnatters hereinbetore set forth, as fuliy and particularly as if the same
were here repeated and they specially interrogated —
May it please vour honors to grant to your orators a writ of suab-
poena, directed to Samuel Thorne, James McFarlane, and Jonathan
Thorne, jr, commanding them to appear and make answer to this
bill of compl: unt, and to perform and abide by such order and decree
herein as to the court may seem required by the principles of equity
and good conscience,
Aud your orators will ever pray.
CITAS. N. BLACK,
Solicitor for Complainants,
Unitep STAtTeEs OF AMERICA,
Southern District of New Yor/,
On this 11th day of Sept, A.D. 1869, personally appeared before
me Charles N. Black, administrator of the estate of Moses Thomp-
son, one of the complainants lerein, who, upon being duly sworn,
2
SS,
’ ei els Gs
= ie se 3
“ ARF ie Ge “ © ¥ ths,
a nn be
RI Rm wore —
ones “tle
10 BLACK ET AL. V. THORNE ET AL.
upon oath deposes and says that all and singalar the allegations of
the foregoing bill are trie of Ins own knowled: ve, except so far as
they are set forth on information aud belief, and such matters he
verily believes to be true.
CILAS. N. BLACK.
Sworn before me this 11th day of September, A. D. 1869.
J.V. FRENCH,
Notar 7] Public, City f Co, New York.
[Endorsed:]| U.S. Cirenit Court. Chas. N. Black, adm’r, &c.,
agst. Samuel Thorne et als. Bill of complaint. Chs, N. Black, solr.
for compl't. Kiled Sept. 11, 1869.
16 [Blank page. ] ‘
17 United States Cireuit Court, southern district of New York.
Moses Thompson, deceased, and Eniza W. Frrz-
GERALD, administratrix of the estate of Wittram L’,
N. FirzGerap, deceased, ' In Equity.
rs,
SAMUEL THORNE, JAMES McFARLANS, and JONATHAN
THORNE, jr.
CuarLtes N, Biack, administrator, &e.. of the estate “|
The joint and several amended answer of Samuel Thorne, James
McFarlane, and Jonathan Thorne, jr, the aaa e-maumed defendants,
= ° : ’ ‘ t > - °
to the bill of complaint of Charles N. Black, as administrator of the
estate of Moses Thompson, deceased, and Eliza W. Fitzgerald, as
administratrix of the estate of William PLN. Fitzgerald, deceased,
the above-named complainants.
These repliants, now and at all times hereafter saving and re-
serving unto themselves all and all manner of benefit and advan- |
tage of exception to the manifold errors and insufficiencies in the ¢
sald bill of complaint contained, for answer thereto, or uuto so much EJ
thereof as they are advised it is material or necessary to make |
answer unto, answering, Sav: .
That they admit that one Moses Thompson did on the 10th day
of April, 1855, obtain letters patent of the United States for an ale
leged new aud usetal improvement in burning wet tnels, bat on in- |
formation and belief deny that the said Thompson Was the original i
and tirst Inventor of said alleged 1 Improvement, r that the same was
not known or used prior to the alleged inv onli thereof by the said
‘Thompson,
That they admit that the said Moses Thompson, on the 7th di ay of
October, 1856, surrendered said letters patent to. the Com-
18 oinissioner of Patents, and that there was issued to said Moses
Thompson a new patent; but these detendants deny that said AR
original letters patent were inopel rative by reason of a defective or 7
BLACK ET AL. V. THORNE ET AL. 11
insufficient description or specification, and state, as they are ad-
vised and believe, that said original letters patent were improperly
and wrongfully surrendered,
That they admit that the said Moses Thompson, on the 31st of
March, A. D. 1857, surrendered said) reissued letters patent to the
Commissioner of Patents, and that there was issned a new patent ;
but these defendants deny that said reissued letters patent so sarren-
dered were inoperative by reason of a defective or insuficient de-
scription or specification, and allege on information and belief that
the said reissued letters patent were sarrendered, and new ones ob-
tained by said Thompson, for the purpose of further including therein,
and did include therein, more than he did originally contemplate, spec-
ify, or show to be lis alleged invention on the applieation for his
original patent, and which he had no right to include and claim in
such last-mentioned reissue; and they farther allege that the said
reissued letters patent were not surrendered to correct any mistake
therein or insofhiciency thereof, but to claim other and different. in-
ventions and things ; and they deny that the last-mentioned reissued
letters patent are for the same alleged invention as the original let-
ters patent of April LO, 1855, and allege that they are for inventions
and things substantially and ma ecially diferent.
And these defendants, further answering, on information and be-
lief allege that the things patented in said last-imentioned reissued
letters patent, and every substantial and material part thereof claimed
as new, were anterior to the supposed or any discovery or invention
thereof, or of any substantial or material part thereof, by the said
Thompson, known to and publicly used by divers persons in this
country, and among such persons who had such prior knowledge,
and who used the same as aforesaid, and the places where the same
were so known and used, are as follows:
Thomas B. Peddie, John Morrison, Samuel IL. Burritt, Joseph L.
Ilewes, Jolin M. Phillips, and D. Bb. Crockett, all at the city of New-
ark, state of New Jersey, and elsewhere in said state of New Jersey,
and all now residing i In said citv of Newark; M. M. Se hultz,
19 at said city of Newark, wun else where in said state of Now
Jersey ; also at Sparrowbush, in the town of Deer Park, in
Orange county, state of New York, and elsewhere in said state of
New York, now residing im Wilcox, Elk county, state of Pennsyl-
vania; Jackson S. Schultz, at said city of Newark, and elsewhere in
said state of New Jersey, and at said Sparrowbush, in said town of
Deer Park, and elsewhere in said state of New York, and now resid-
ing in the citv of New York, state of New York; William Hoyt and
Oliver Hovt, bothat said city of Newark, and elsewhere in said state
of New Jerse ‘vy and both now residing in Stamford, state of Connec-
ticut; Tans Rees, at said city of Newark, and elsewhere in. said
state of New Jersey, and at Woodstock, in Ulster county, state of
New York, and elsewhere in the state of New York, now residing in
sud city of New York; Joseph B. Hoyt, at said city of Newark, and
elsewhere in the state of New Jersey; also at said Woods stock, and
12 BLACK ET AL. V. THORNE ET AL.
elsewhere in the state of New York, now residing at said Stamford ;
William I], Little, Joseph Jacobs, and Tenry Poor, all at South Dan-
vers. stute of Massachusetts, and all now residing in said South Dan-
vers; Joseph Frve, at Salem, state of Massachusetts, now residing
in said Salem: Alvin Devereaux and George Sornburger, both at
Deposit, state of New York, and both now residing mn said Deposit ;
Judson Schultz, at Homowack. Ulster county, state of New York,
and elsewhere in said state of New York, and now residing in Leu-
renkill, Ulster conaty, state of New York.
And these defendants, farther answering, say that the alleged
things patented, and every substantial and material part thereof
claimed as new by the said letters patent, were, anterior to the sup-
posed or any discovery or inveution thereof, or of any substantial or
material part thereof, by the said Moses Thompson, described in the
following named printed public works, that Is to say:
Tredgold on the Steam Engine: «The Steam Engine, its inven-
tion and an investigation of its principles for navigation, manutae-
turing. and railways,” by ‘Thomas Tredgold, C. FE, ete. London ;
John Weale, Architectural Library, No, 50 High Holborn, 185%, in
plates 33, 34, and 35 of part IL, and in description on pages 561 and
$62 of volume [; aiso in plate 42 of volume LH, and in description
ou page 301 of volume I.
20) Also in printed book commonly known as Peclet de la
Chaleur, second edition, and entitled © TPraite de la Chaleur
consideree dans ses applications.” par I. Peclet, denxieme edition,
tome seconde, Paris, Libraire de L Ilackette, Rue Pierre Sarazin 12,
1845. 0n pages 150 and 151, and in paragraph 1525 therein; also,
in plate 65, flenres 1 to 6 inclusive, referred to in said paragraph ;
aso, on pages 271 and 272, and in paragraph 1665 therein; also,
In plate 93, figures 1 to 5 inclusive; and in paragraphs 625 to 627
inclusive of vol. 1, and plates and figures therein referred to; also,
at puge 275, section 669 and 670.
Also, ins printed book commonly known as IKXarsten’s Science of
the Manufacture of Salt, entitled « Lehrbach der Salinenkunde, von
Dr. ©. J. B. Warsten,” Berlin, G Reimer, 1847, in pages G61 and
662 of volume second, Also, on pages G88 and 689, and on plate 3
of same volume of said work ; also, pages 609, 621, and 622 of part 6
of said work.
Aiso, in printed publication commonly known as “ Karsten’s Sys-
tem de Metallurgie,” by Dr. J. C. B. Karsten, Berlin, 1831, G.
Reimer, 5d volume, page 505; also in same work, figures 741 and
742 on plate a+, at pages 479 to 481 inclusive.
Also in printed pabhcation commonly known as the London Jour-
nal of Arts and Sciences, conjoined series, in volume 20, commene-
Ingoon page 452, anc figure 3 of the plates; and in volume 40,
commencing on page 2604; also on pages 189 to 191, inclusive, of
volume 22, and on page 209 of voluine 17 of said work.
Also in printed publication commonly known as “Pagbuch Einer
BLACK ET AL. V. THORNE ET AL. 15
Metallurgischer Reise, &¢..” by Hollander, 1824, at page 373;
at pages 404, 468, 414 and 87.
Also in printed publication commonly known as “ Dingler’s Poly-
techmic Journal,” volume 195, plate 8, figures 21, 22, and 25,
Also in printed publication commonly known as Fuhror des
Maschinisten,” by E. F. Scholl, Braunschweig, Friedrich Biewig &
Son, 1845, on pages 48 and 59, at paragraph od,
And in the following named patents, that is to say, in—
Letters patent granted in Great Britain, in the vear 1875, to
21 James Watt, for furnaces and fire-places, and numbered 1845.
Letters patent granted in Great Britain, in the vear 1855,
to John Chanter and Johu Gray, for furnaces of steam boilers, and
numbered 6920,
Letters patent granted in Great Britain, in the vear 1837, to Johu
Chanter and John Gray, for furnaces of locomotive engines, and
numbered 7506.
Letters patent granted in Great Britain, in the year 1848, to
Richard Rodda, for furnaces, fire-plaves and stoves, and numbered
7765.
Letters patent granted in Great Britain, in the vear 1848, to Jolin
Juckes, for steam-engine boilers and apparatus for feeding and pro-
moting combustion in furnaces and fire-places, and numbered 7858,
Letters patent granted in Great Britain, in the year 1839, to
Thomas Hall, for furnaces of steam-engine boilers, &e., and num-
bered 7974.
Letters patent granted in Great Britain, in the year 1840, to Sam-
uel TLloward, for boilers and furnaces, and nambered 8600,
Letters patent granted in Great Britain, in the year 1846, to
Thomas Murgatrovd Dean, for furnaces of steam and other boilers,
and numbered 11,109.
Letters patent granted in Great Britain, in the year 1851, to Edwin
Kose, for boilers for generating steam, and numbered 15,615.
Letters patent granted in Great Britain, in the vear 1851, to Jolin
Jlicks, for steam boilers, and nambered 13,691.
Letters patent granted in Great Britain, in the vear 1852, to Will-
lam Beckett Johnson, for railway turntables, stgam boilers, &¢., and
numbered 13,959.
Letters patent granted in Great Britain, in the vear 1855, to James
Bristow and Heury Attwood, for consuming smoke, and numbered
1049.
Letters patent granted in Great Britain, in the year 1855, to John
Lee Stevens, for steam boilers, and numbered 1807,
Letters patent granted in Great Britain, in the year 1840, to
Thomas Farmer, for heating pyrites and other matters to obtain sul-
phar, &., and numbered 8398.
Letters patent granted in the United States, on the 15th day of
Angust, 1848, to Spencer [lungerford, for taprovements in boiler
furnaces, and numbered 5712.
> also
Nera “Se
14 BLACK ET AL. V. THORNE ET AL.
22 Letters patent granted in the United Siates, on the Oth
day of May, 1856, to Hagar and Allyn, for improvements in
Bagasse furnaces, and nambered 14,812.
And these defendants, farther answering, say that they are in-
formed and believe, and therefore ailege, that the first claim of the
last mentioned reissue is an invalid one, beeanse it is indefinite and
equivocal, and does not refer to the process specified and deseribed
in the language of the specification preceding said claim, and these de-
fendants pray the judgment of this honorable court thereon,
And the defendants, farther answering, admit that said Moses
Thompsou- did, on the 15th day of December, A. D. 1857, obtain
letters patent of the United States, for alleged new and usefal im-
provements in Bagasse furnaces, but on information and belief, deny
that said Thompson was the original and tirst Inventor thereof, or
that the same were not or either of them known or used anterior to
the alleged invention thereof by the said Thompson.
And these defendants, further answering, on Information and be-
lief, allege that the things patented in said letters patent, and every
substantial and material part thereof claimed as vew, were, anterior
to the supposed or any discovery or invention thereof, or of any ma-
terial part thereof, by the said Thompson, known to and publicly
used by divers persons in this country, and among sach persons who
had such prior knowledge, and who used the same as aforesaid, and
the places where the same were so known and used are as follows :
Thomas B. Peddie, John Morrison, Samuel IL. Barrett, Joseph Th.
Ilewes, John M. Puillips, and D, B. Crockett, all at the city of Newark,
state of New Jersey, and elsewhere in said state of New Jersey, and
all now residing in said city of Newark; M. M. Schultz, at said city
of Newark, and elsewhere in said state of New Jersey ; also at Spar-
rowbuash, in the town of Deer Park, in Orange county, state of New
York, and elsewhere in said state of New York, now residing in
Wilcox, Elk county, state of Pennsylvania; Jackson S Schultz, at
sald city of Newark, and elsewhere in sud state of New Jersey, and at
said’ Sparrowbush, in said town of Deer Park, and elsewhere in said
state of N. Y..and now residing inthe city of N. Y., state of N. Y.;
Win. Toyt amd Oliver [Lovt, both at said city of Newark, and
23 elsewhere in said state of New Jersey, and both now residing
In Stamford, state of Connecticut; Tlans Rees, at said city
of Newark, and elsewhere in said state of New Jersey, and at said
Woodstock, in Ulster county, state of New York, and elsewhere in
the state of New York, and now residing in said city of New York;
Joseph Bb. Tlovt, at said city of Newark, and elsewhere in the state
of New Jersey, also at said Woodstock, and elsewhere in the state
of New York, and now residing at said Stamford; William Il. Lit-
tle, Joseph Jacobs, and Tenry Poor, all at South Divers, state of
Massachusetts, and all now residing ia said South Danvers; Joseph
Frve, at Salem, state of Massachusetts, now residing in said Salem ;
Alvin Devereux and George Sornburger, both at Deposit, state of
New York, and both now residing in said Deposit; Judson Schultz,
@ “
a’
‘e
-
a?
BLACK ET AL. V. THORNE ET AL. 15
at Tlomowack, Ulster county, state of New York, and elsewhere in
said state of New York, now residing in Leurenkill, Ulster county,
state of New York.
And these defendants, farther answering, say that the alleged things
patented, and every substantial and material part thereof, claimed as
new by the said letters patent, were, anterior to the supposed or any
discovery or invention thereof, or of any substantial or material part
thereof, by the said Moses Thompson, described in the following
named printed publhe works, that is to say, in—
Tredgold on +The Steam Engine, its invention and an investiga-
tion of its principles for navigation, manufacture, and railways,” by
Thomas Tredgold, C. K., ete., London: John Weale, Architectural
Library, No, 59 High Lloiborn, 1838, in piates 33, 34 and 35 of part
IT, and in description on pages 561 and 362 of volume [; also in
plate 42 of volume If, and in deseription on page 468 of volume I.
And in printed book commonly known as Péclet de la Chaleur,
second edition, and entitled + Praite de la Chaleur, consideree, dans
ses applications,” par KE. Pee et, deuxieme edition, tome seconde.
Paris, Libraire de L. Ilackette, Rue Pierre Sarazin 12, 1843, on pages
130 and 151, and in paragraph 1,525 therein; also in plate 63, tig-
ures 1 to 5 inclusive, referred to in said paragraph; also on pages
271 and 272, and in paragraph 1,665 therein; also in plate 93, fig-
ures 1 tod, inclusive ; and in paragraphs 625 to 627, inclusive,
24 of volume I and plates and figures therein referred to; also
at page 272, sections 669 and 670.
Also in printed book commonly known as Iarnsten’s Science of
the Manufacture of Salt, entithed «© Lehrbach der Salinenkunde, von
Dr. C.J. B. Karsten,” Berlin, G. Reimer, 1848, in pages 661 and 662
of volume second, and on plate 8 of same volume of said) work.
Also pages 609, 621 and 622 of part 6 of said work.
Alson in printed publication commonly known as IKarsten’s Sys-
tem der Metallurgie, by C. J. B. Karsten, Berlin, 1851, G. Reimer,
38d volume, pages 863; also in sume work, figures 741 and 742 on
plate 34, at pages 479 to 481, inclusive.
Also in printed publication commonly known as the London Jour-
nal of Arts and Sciences, conjoined series, in voluine 21, commetc-
ing on page 432, and in figure 3 of the plates,‘and in) volume 40,
commencing on page 264, also on page 159 to 191, inclusive, of vol-
ume 22, and on page 209 of volume 17 of said work,
Also in printed publication commonly known as Tagbuch Hiner
Metallurgischer Reise, &c., by Hlolunder, 1824, at page 373, also at
pages 464, 46%, 184 and 07.
Also in printed publication commonly known as “ Dingler’s Poly-
technic Journal,” volume 195, plate 8, tigures 21, 22 and 23.
Also in printed publication commonly known as ‘ Fuhror des
Maschinisten,” by E. F. Scholl, Braunschweig, Friedrick Bieweg and
Son, 1845, on pages 58 and 59, at paragraph od.
And in the following named patents, that is to say, in—
i ee eee anes
eS
m . ~ Pa al ™ x yg ae ee aS past wy , ? Pup ate . r ‘ x
Re Re nt ong ae oie GE aly pees %S a Fe Sena i ey “aa e . — —
< Ae PG 24k ack Aten «to ay 2 em ney lI a TET ae ween: ae
16 BLACK ET AL. VY. THORNE ET AL.
Letters patent granted in Great Britain, in the vear 1785, to James
Watt, for furnaces and fire-places, and numbered 1485. |
Letters patent granted in Great Britain, in the year 1%59, to John
Chatter and Jolin Gray, for furnaces of steam boilers, and num-
bered 6920. .
Letters patent granted in Great Britain, in the year 1857, to John
Chanter and Jolin Gray, for furnaces of locomotive engines, and
numbered 7306,
Letters patent granted in Great Britain, in the vear 1838, to Rich-
ard Rodda, for furnaces, tire-places and stoves, and numbered 7769.
Letters patent granted in Great Britain, in the vear 1838, to Jolin
Jukes, for steam engine boilers and apparatus for feeding and pro-
moting combustion in furnaces and fire-places, and numbered
25 7858.
Letters patent granted in Great Britain, in the year 1859,
to Thomas Hall for furnaces, steam-engine boilers, &e., and nume-
bered 7974.
Letters patent granted in Great Britain, in the year 1840, to Sam-
vel Tloward, for boilers and furnaces, and numbered 8600.
Letters patent granted in Great Britain, in the year 1846, to
Thomas Murgatroyd Dean, for furnaces of steam and other boilers,
and numbered 11,109.
Letters patent granted in Great Britain, in the year 1851, to
Edwin Rose, tor boilers for generating steam, and numbered
13.015.
Letters patent granted in Great Britain, in the year 1851, to John
Hick, for steam boilers, and numbered 13,691.
Letters patent granted in Great Britain, in the vear 1852, to Wil-
liam Beckett Jolinson, for railway turntables, steam boilers, &c., and
numbered 13,959.
Letters patent granted in Great Britain, in the vear 1858, to James
Bristow and Henry Attwood, for consuming smoke, and numbered
1049,
Letters patent granted in Great Britain, in the vear T855, to John
Lee Stevens, for steam boilers, and numbered 1817.
Letters patent granted in Great Britain, in the vear 1840, to Thomas
Farmer, for treating pyrites and other matters to obtain sulphur, &e.,
and numbered 83598.
Letters patent granted in the United States, on the 15th day of
August, 1848, to Spencer Ilungerford, for Improvements in boiler
furnaces, and numbered 5712.
Letters patent granted in the United States, on the 6th day of May,
1856, to Tlagar & Allyn, for improvement in Bagasse furnaces, and
numbered 14,812.
And these defendants, further answering, say that they are not in-
formed save by the bill of complaint and do not know whether the
sald Moses Thompson did) by an instrument. in writing under his
hand sell, transter, assign, or convey to William P. N, Fitzgerald
one undivided filth part of said letters patent in, to, and for the
ett
Sore
"i lana
Ln.
bo
~.
BLACK ET AL. V. THORNE ET AL. 17
States of New York, New — and Pennsvivania, as in the bill
of coinplunt mentioned, or whether sud deed was recorded as
therein mentioned, and iepeniee leave the compl nants to make
such proof as they may be advised.
26 And these, defendants, farther answering, sav that thev are
not informed save by said bill of complaint and do not know
whether the complainant, Charles N. Black, was duly appointed ad-
ministrator of the estate of said Moses Thompson, deceased, or that
such subseqnent proceedings were had thereon as are alleged mm the
billof complaint, and therefore leave the complainants to make such
proof of such matters as they may be advised.
And these defendants. further auswer Ine, say that they are not in-
formed save by said bill of complaint and do not know whether the
complainant, Eliza W. Fitzgerald, was daly appointed admiunistratrix
of the estate of Wain. PLN. Fitzgerald, deceased, or that such subse-
quent proceedings were lad thereon, or that she daly complied with
the requirements of the law in that behalf, as is alleged in the bill
of complunt, and therefore leave the complainants to make such
proof thereof as thev may be advised.
And these defendants, farther answering, say that they admit that
sald fetters patentof April 10,1855, as reissued October 7, 1856, and
again reissued March 31, 1857, were extended for the term of seven
Vvears, as in the bill of complaint mentioned, but on information
and benef allege that the said extension Was obtained through mis-
representation and fraud, and that extended patent was, in conse-
quence of such matters, inproperly granted, and is invalid.
And these defendants, further answering, sav that they are not in-
formed save by said bill of complaint and do not know whether
Aaron Woodman resigned his trast as administrator of the estate of
sald Moses Thompson, ov that Charles N. Black was appointed such
edininistrator, or is wow sires to all the alleged rights, interests,
and privileges alleged to be secured and granted to the said Aaron
Woodman, as in the bill ef complaint mentioned, or that the said
Black and Fitzgerald, complainants, became, by virtue of the alleged
appointments, in the bill of Complaint mentioned, were or are now
entitied to have, demand, and recover all) goods, rights, chattels,
claims for oe dae and accruing to the ssid) Moses Thompson
and W. PON. Fitzgerald during thei lifetinne, and to their estates
since their eee or that the complainants are now entitled to all
the alleged rights, interests, and privileges alleged to be secured and
granted to the said Thotupsonu, and therefore leave the complainants
tu make such proof thereof as they may be advised.
And these defendants, farther answering, on liformation and be-
het deny that said alleged inventions or improvements, or any of
them, are of great or any value, or Hnportance Or utility, or that the
same have been extensively introduced into pubhe use, or that the
public have gene ‘raily or at all acquiesced in the silks d rights
of said Moses Thompson, 0 of the complainants, or either of
them, as in the bill of complaint mentioned, or that the said
*)
ce)
. Se: ene ees er ae ae De eae “ A? a
- sah Bah ova fi oes ae PL Ta
Se: Dine ey dette baht: nw hype gee te , : woe
18 BLACK ET AL, V. THORNE ET AL.
William P. N. Fitzgerald, or that the complainants, or either of
them, would, but for the alleged onlawfnl, wrongful, or any acts or
doings of said defendauts, have made large or any gains or profits
from the manutacture or sale of said alleged inventions or improve-
ments. |
And these defendants, further answering, say that: the said last-
mentioned reissued and also the Jast-mentioned original letters pat-
ent describe old, well-known mechanisms or means as applicable to
alleged, but not in fact, new uses, and that the application thereof to
such alleged new uses is not patentable, and these defendants pray
the judgment of this honorable court thereon.
And these defendants, further answering, deny that they have
made, constructed, or used, or caused to be made, constructed, or
used, or that they are now using one orany number of said furnaces
constructed or made as in the bill referred to at the town of Laporte,
or one or any vuniber of said furnaces at Albion, or at any other
place or places within the United States.
And these defendants, further answering, deny that they are now
or have been making, constructing, or using, or causing to be made,
.
a? o
constructed, or used, furnaces containing such alleged inventions or
improvements, or any part thereof, or have been, or are now In-
fringing upon the alleged exclusive or any nghts alleged to have
been secured to said) Moses ‘Thompson in his lifetime, and deny
that in the lifetime of the said Moses Thompson or William P.N.
Fitzgerald, or at any other time, they derived or received from any
alleged making, construction, or use, as in the bill of complaint men-
tioned, great or any gains or profits, without this, that there is any
other matter, cause, or thing in’ the complainants’ said bill of com-
plaint contained, material or necessary for them to make answer
unto, and not herein and hereby well and sufficiently answered. con-
fessed, traversed, and avoided or denied, is true to the knowledge
and belief of these defendants ; all of which matters and things these
defendants are ready and willing to aver, maintain, and prove as
this honorable court shall direct.
And these defendants pray to be hence dismissed, with their rea-
sonable costs and charges in this behalf most wrongfully sustained,
SAMPL THORNE,
JAMES McFARLANE,
JONATILTAN THORNE, Jr.
COCHRANE & ‘Topp,
Solicitors for Defendants.
Anbrew J. Topp,
OF Counsel,
28
UnIreD STATES OF AMERICA,
Southern District of New York,
On this 25th day of March, A. D. 1872, before me personally ap-
peared Samuel Thorne, James McFarlane, and Jonathan Thorne,
_ ee a
ai
BLACK ET AL. V. THORNE ET Al. 19
Jr.. Who, being by me duly sworn, each for himself did depose and
sav that he had read the foregoing answer by them subscribed, and
knows the contents thereof, and that the same is true of his own
knowledge, except as to those matters which are therein stated to be
on information and belief, and as to those matters he believes it to
be true,
SAM. TRO. SMIT?PH,
Notury Public, New York County.
[Endorsed :] U. S. Cireuit Court; in equity; Charles N. Black,
admer. etal. ¢. Samuel Thorne et al.; amended answer; Cochrane
& Todd, defendants’ sol’vs, 37° Park Row, N.Y. city; filed March
26, 1872.
29 United States Cireuit Court for the southern distriet of
New York.
CuarLes N. BLuack, administrator of the estate of Mo- \
ses Thompson, deceased, and Exviza W. FirzceraLp,
adininistratvix of the estate of Wiiiiam P. N. Firz-,
Lm Py | weANaDA | - ‘
GERALD, deceased, In Equity.
vs,
SAMUEL THORNE, JAMES MCFARLANE, and JONATHAN
THORN, JR.
The replication of Charles N. Black, administrator of the estate of
Moses Thompson, deceased, and Eliza W. Fitzgerald, administra-
trix of the estate of William P. N. Fitzgerald, deceased, complain-
ants, to the answer of the said defendants, Samuel Thorne, James
McFarlane, and Jonathan Thorne, jr.
These rephants, saving, securing, and reserving to them-
30 selves now and at all times hereafter all and all manner of
benefits and advantage of exception which may be had or
taken to the manifold insulliciencies of the said answer, for replica-
tion thereto, say that they will aver, maintain, and prove their bill of
complaint to be true, certain, and safficient in the law to be answered
unto, and that the said answer of the said defendants is uncertain,
untrue, and insufficient to be replied unto by these repliants ; with-
out this, that any other matter or thing whatsoever in the said answer
contained, material or effectual in the law to be replied unto, and
not herein or hereby replied unto, confessed and avoided,
31 traversed or denied, is true; all which matters and things these
rephiants are and will be ready to aver, maintain, and prove
as this honorable court: shall direct, and humbly prays as in and by
their bill they have already praved.
Dated December 29, 1869,
CILAS. N. BLACK,
Solicitor for Complusnants and of Counsel.
a
20 BLACK ET AL. V. THORNE ET AL.
2 United States Cirenit Court, southern district of New York.
CHoarurs N. Brack, adni’r, &e., and necrnery
apitiist
SAMUEL THorNne and others. )
James Cousins, a brown colored man, being first duly sworn, and
admonished to tell the trath, the whole truth, and nothing but the
trath., deposes as follows to the interrogatories propounded to lim,
VIZ.:
Question No. 1, by the counsel for the plaintiff:
W haat Is Vour bate, age, residence, trade or occupation, and are
you a colored man, and are vou free, or a slave, and can you read
or write 7
Answer, James Cousins; about thirty-four; Richmond, Virginia ;
[am oan engineer and a leather currier; Tam a colored man; L
was born free, and am free now; [can neither read nor write.
Q. No, 2, by same:
It you are ciaploved at present in this city, state where you work,
at What business you work, how long vou have worked at the same
place, and whose employ you have been, and are, at the same
place 7
A. At the Richmond tan vard, in this city, at engineering and
currying, as engineer, [To manage the furnace and engine. IL have
been there nine vears the 8thof this coming January. Moy first
employer was Mr. Solomon Marsh, tl his death, a vear ago
:) last March. My next employer was Jesse C. Jones. [am
With tim still.
(). No. 3. by sine!
Are you acquainted with Mr. Moses Thompson, the plaintiff in
these suits, and the defendants, ov any of them? (The names of the
plaintiff and defendants in these suits being read by the commis-
sloners to the witness, he answered as follows :)
A. Lam ucquainted with Mr, Thompson ; [know not the defend-
awhts.
(). No. 4. bv same:
When and where did you first become acquainted with Mr.
Thompson ?
A. At the Richmond tannery in this city, about eight years ago,
(). No. 5, by same:
Do you know anything of Mr. Thompson having built a farnace at
that tannery, and if vou do, when was that furnace built, and is it or
not the same furnace which is still used at thraat tannery 7
A. I do know of Mr. Thompson building a furnace at. that
tannery; it was built in the vear 1853; [think it was in Angust,
about; it is the same furnace that is still there; the same one Thave
had charge of from the thine it was built to the present time.
. No. 6, by sume :
What kind of fuel have you used in that furnace from the time it
c.¢
~~
~
o
BLACK ET AL. V. THORNE ET AL. ?1
was built until the present time, and if you use wood in it at any
time, state particnlarly ai What tinies vou use it 7
A. I generally use the wet tan bari, but for the commencement
of fires I nse wood, and that is the only time [do use it.
Q). No. 7, by same:
Does the fire in vour furnace ever go ont, so that vou need to
kindle it with wood, except when In consequence of not needing the
tire or the use of the engine vou allow it intentionally to go out, and
how Jong do you at any one time recollect the fire having
84 been kept—and the steam kept up by the use of wet tan,
without other fuel % :
A. [t never goes out unless Tallow it intentionally to go out ;
@hout six months at a time, and then we stop to clean out the boilers,
() Nn. 8, by same:
Atier the farmace in question was bailt, did) Mr, Phonipson have
occasion to repabe and alter it, and if so describe the farnace as it
was originally biailt, aedwhat made it necessary to repair it, and
What alterations were made in it 7
A. He had occasion to repair and alter it; if was first built and
covered with sheet iron—boiler iron; that lasted only two weeks ;
there were two furneces; each furnace has two ash pits, and a @rate
over each ash pit; there is a chamber above the grating to hold the
wet tan; the wet fan rests apon the grating; there is a door at the
front of each ash pit for draft ; right cver the door of the ash pit there is
a door into the wet tan chamber tor cleaning the grate; this is In
ach one of the furnaces; on the top of each furnace there is two
openings for feeding the wet tan upon the grate; each furnace had
a flue, which led out in front of the furnace above the doors; these two
flues Jed into the mingling flue, Which leads the heat to the boiler ;
the mingling fines were along over the doors in front leading to the
boiler; the mingling flne at the end near the boiler bent down
about two feet. and discharged or delivered the beat right under the
boiler; the furnace was built of brick; the grates, doors, and the
linings of the feeding-holes were made of cast iron; the front end of
the boiler was placed at the end of the mixing fine; the iron used
for the covering of the furnace could not stand the heat, therefore it
Was taken away; then there was dividing walls in each furnace into
two equal parts; upon these walls were turned arches for the roofing
of the furnace; the dividing wails divided each of the fiues into
two equal parts; this alteration made four distinct furnaces
B30 out of the two, as they were originally ; the flues of all four
leading into the same mingling tine; the mingling flue was
not changed ; dampers were not put into the flues when the change
was made; the dampers, when shut, did) not entirely close up the
flues ; I dom’t recollect any other alteration being made,
(). No. 9, by Same!
Who gave you instructions how to manage and tend this furnace,
and what were these instructions, and how did you succeed in’ burn-
ing the wet tan and in making steam 7
ro
22 BLACK ET AL. V. THORNE ET Al.
A. Mr. Thompson gave me the instructions; he told me to take
charge of the furnace and to make my fires to a right degree, and
in my first commencement to kindle it with wood, and then my
wood burns an half an hour; then [ pnts in the wet tan; then [ takes
my other furnace and kindles it off with wood in the same manner ;
then I puts in the wet tan; then my fires is in good order; then I
have only to keep them clear of ashes; [ goes in to feed my fur-
nuces With wet tan, one after the other; the wet tan made a good he. 2
tire, and very bright; it makes a hotter fire than dry wood, and at- ¢
fords plenty of steam; it makes more steam than the same quantity ‘4
of dry wood would make; when Iam operating the furnace I keep |
the door of the ash pit about six inches open.
(). No. 10, by same:
While the fire of dry fuel is burning in the furnace, and ‘vefore
you put in the wet tan, does smoke come out of the stack, and if so,
does a good deal or a little come out? Aud afte you have put in
the wet tan, does the smoke continue to ee»ne out of the chimney,
or does it stop coming out ?
A. In the tirst case a good deal comes out; in the second case it
stops coming out; when the smoke stops going out of the chimney,
which is when I put in the wet tan; the smoke barns in the mingling
flue before it ets to the boilers ; then when it leaves the mingling flue
it comes out Ina white lightish blaze ; then you will find it, af-
Bb ter leaving the ends of the boilers, a pale blue blaze ; [ can
see it about twelve feet; it lies up close to the boiler; it 1s
not at all flashy; it is a regular burning heat.
Q. No. 11, by same:
What kind of bark is your tan made of?
A. Black oak, and very often use Spanish oak—we never use |
hemlock bark; there is none about here.
Q. No, 12, by same:
Did any part of your mingling flue ever burn out so as to require |
repairs 7 7 |
A. No, sir; it did not burn out. oD
(). No. 13, by same:
Are the dampers in the flnes of the furnaces which were put there
© when the furnaces were required, as vou have stated, still there; if
not, What has become of them, and when did they disappear ?
A. They are burned down ; they disappeared in about four weeks
| after they were put in; [ teok the pieces out; they were burned to a
cinder. i
| (). No. 14, by same:
| While those dampers were fit for use, how did Mr. Thompson tell
you to use to them, and did you use them ?
A. When I filled my farnace with wet tan then I would shut the
damper, as near as T conld—then [ would open the damper in the
flue of the other furnace, and let that one remain shut—then T would
shut the damper in the next one—then I would open the flue in the (*
- --~——orenem
oy
ion!
»
BLACK ET AL. V. THORNE ET AL. 23
first one—then [ would fill the next furnace up with wet tan, and
shut the damper,
Q. No. 15, by the same:
Did the furnace, after it was repaired and divided, as you have
stated, work in substantially the same manner as it did before, or did
it work differently, or produce a different effect, and did you tend it
In aimanner substantially the same, or different ?
A. ft worked better than it did before—it produced a better heat ;
I tended it the same.
37 Q. No. 16, by same:
When your furnace is in fall operation, doing its regular
work, how often do you feed it in the course of twenty-four hours,
and when? |
A. I teed it twice a day, in the morning and at one o’clock p. m.;
at night I fills her up, and [have the fires in order for steam next
morning; [shuts iny dampers of my ash pits; then [T shuts my
damper on the chimney; then [opens my doors under the boilers,
that is to let air in, that is to prevent from having too much steam ;
when I feed at one o’clock, [shut the damper at the ash pits and on the
chimney, and go to dinner; the damper on the chimney does not
shnt tight—some of the bricks were knocked off.
Q. No. 17, by same:
During melt, when the air is shut out from all the furnaces, and
the damper in the chimney ts closed, and the door under the boiler
open, What is the condition of the heat inthe mingling flae and
under the boiler, and is there any smoke coming froin the mingling
chamber ?
A. It isa very bright, nice looking heat in the minghng chamber—
the fires are then all burning bright in the furnace, no smoke at all
comes out of the mingling chamber—a little bright) blaze, tipped
with blue, comes out of the mingling chamber; the heat is sufficient
to keep the steam ap in the boiler throagh the night, so that we are
ready to start in the morning.
Q. No. 18, by same:
What are the dimensions of the wet tan chambers in your farnace,
and of the mixing flue ?
A. The bottom of the wet tai chamber is four feet six inches long ;
the width is two feet ten inches; from the gratings to the crown is
twenty-nine inches; the mixing flue is about eighteen inches in
diameter.
(). No. 19, by same :
Did you ever know « furnace like this of Mr. Thompson’s, which
vou have deseribed, or such a way of burning wet tan before Mr.
Thompson built the furnace about which you have testified ?
38 A. No, sir,
(). No. 20, by same:
Ilave you any interest, direct or indirect, in any patent taken out
by Moses Thompson, or in the results of any of the suits in which
your deposition is to be used ?
a er ee ne
&
4 BLACK ET AL. V. THORNE ET AL.
A, No, SIP.
And thor this denonent si ruth not,
his
JAMES + COUSINS.
mark.
] } ; : a
Adjourned to meet at this office on to-morrow morning, the 5lst
day of August, 1858. :
WM. S. WATSON,
U.S. Com.
Auveust 35ist, 1858.
Met fac to adjournment.
Witiram PY. Wixerrenp, being first duly sworn, and admonished
to tell the trath, the wir ily truth, and nothing but the truth, deposed
as follows to the interrogatories propounded. to lim, viz:
Question No, 1, by the counsel for the plaintiff:
lease state vour age, residence, and occupation,
Answer. Tam about forty years of age; residence, Richmond,
Virgima; Lam a brick mason.
Q). No. 3, bv same:
Are you acquainted with Moses Thompson, the plaintiff in these
suits, and are vou acquainted with the defendants, or any of them,
and if vou are acquainted with said Thompson, state particularly
when and where you became acquainted with hin 7
(After the names of the parties had been read over by the com-
missioner to the witness, the withess answered as follows :)
A. [am acquainted with Mr. Thompson; Tam = not ac-
39 quainted with any of the defendants; T became acquainted
with Mr. Thompson in this city in the sammer of 1853, at the
Richmond taunery.
No. 5, by the same:
Please state whether there was a farnace built at that tannery, and
if there was, under whose direction and superintendence it was built,
who executed the work, and what kind of fuel it was intended to
burn, anél what the furnace was intended to do, and When It was
built.
A. ‘There was a furnace built at that tannery, commenced in the
latter part of July and finished the first part of Angust, 1853; it Wits
built under the direction and superintendence of Mr. Thompson. “I
executed the masonry and bailt the furnace. It was intended to
burn wet tan, and [ have seen them hundreds of times burning wet
tan. [lived in the immediate neighborhood of it from the buil ling
of it, and do still. The furnace was intended to work all the
machinery ; that is, to drive an engine for that purpose, and do all
the he ating and boiling for the tannery,
(). No. 4, by same;
Please to state whether the wet tan burned well, or otherwise, in
>
a?
BLACK ET AL. V. THORNE ET AL. ae
this furnace, and how the furnace did the work required of it at the
tannery,
A. The wet tan burned weil; it made a tremendous hot fire; |
have seen it frequently; it makes a hotter fire than wood would
have made, as hot certainly. The farmace did all the work that was
required of it perfectly. There was a jieavy business done at the
tannery up to Mr. Marsh’s death,
Q. No. 5, bv same:
As vou lived in the immediate neehborhood of the tannery, please
state whether the smoke from the tannery furnace, before the erec-
tion of the furnace you have spoken of, caused annovance and com-
plaint among the neighbors, and what was the fact im regard to
smoke when this new furnace was in operation, from the time it
was built down to the present time. =
A. It did cause annovance and complaint among the
40) neighbors; [ have never heard any complaint about smoke
since the new furnace was In operation; there is in fact no
sinoke only when it is kindling, and not even then enough to annoy
anybody.
(). No. 6, by same:
Please describe the furnace in question as particularly as von can,
and if it has undergone repairs or alterations since vou first erected
it, state what rendered the changes necessary when they were made,
What they were, and who made them, and under whose directions
they were made ¢
A. In the first instance it was covered with plate, or boiler iron,
in anarch form; finding the heat was so great it melted that down,
There were two furnaces, and two feeders to each of them; they
were through the plate in the top of the furnace; there were two
ash pits .o each furnace; in frontof each ash pit there is an opening
for draft; each opening has a damper; that damper you can close
or regulate as you choose; above each of the ash pits there is a
grating; that grating is to hold up the wet tan; there is an arched
chamber over the grating to hold the wet tan; each chamber has a
flue coming out In front, discharging into a flue rannineg the whole
length of both furnaces, called the mingling fue; these furnaces
stand side by side, divided by a partition wall; the mingling flue in
tront led to the boiler, dipping about two feet at the end next the
boiler, discharging under the end of the boiler; the stack is at the
other end of the boiler, the damper wt the top; there is a door in
each of the wet tan chambers in front, under the mingling flue, for
the purpose of cleaning the grate; the furnace has undergone alter-
ations and repairs about two weeks from the time it was finished ;
the roofing melting down rendered repairs necessary, which were
mediately made; IT built a brick arch, covering all the furnaces;
the teed openings were left in the same position, and the same
number; there was a wall built in each furnace from front to rear,
dividing of it into two equal parts; this wall continued right
4
26 BLACK ET AL. V. THORNE ET AL.
41 up. and divided the flue into two equal parts; these walls
made fone chambers mstend of two, and five flues instead of
two, Jeading to the mingling flues, one from each of the newly-made
chambers; to each of the tlues I put a damper which would not
entirely but partially close it; there were no other alterations or
repairs except a few bricks put in near one of the feed holes, a few
days ago; I dow’t recollect any others ; IT made all those alterations
and repairs under the direction of Mr. Thompson; except the last.
(). No. 7, by same:
Please state the dimensions of the chambers for the wet tan and 7
the mingling flue as they were at first constructed, and also their
dimensions after vou had made the alterations.
A. The two old chambers were six foot four, by four foot six ;
from the grating to the crown was twenty pine inches; the mingling
flue was sixteen inches in diameter; after the alterations the new
chambers are two feet ten inches wide, four foot six inches long, and
the same height they were before; no alterations whatever were !
made in the mingling flue; it has inereased in diameter a little by
burning,
(). No. 8, by same:
Ilave you any interest in any patent taken ont by Moses Thomp-
son, or in the result of the suits, or either ef them, in the trial of
Which this deposition is taken to be used 7
A. No, sir; [ have no interest whatever.
(). No. 9, by same: |
Are vou acquainted with a colored man, residing in this city,
named James Cousins; if s0, how long have vou been acquainted |
with him, and what is bis echaraeter as a mechanic, and aman of )
honesty, truth, and intelligence in bis business—is he a free man or
a slave ?
A. [have been acquainted with him twelve or fifteen vears; he
is considered a good mechanic and a good currier, and understands
pretty much all the business about the vard; [consider him
42 a good engineer to run a stationary engine; he is considered
so, and [T consider bim so; he isa first-rate engineer; he is
so considered by those who know him; he is regarded as a man of
honesty, truth, and intelligence ; he has always been considered a free
man; [ have seen his free papers several times.
W. TT. WINGFIELD.
Jesse C. Jones, being first duly sworn and admonished to tell the &
truth, the whole trath, and nothing but the truth, deposed as follows
to the interrogatories propounded to him, viz.:
Question No. 1, by the counsel for the piaintiff:
Please state your age, residence, and occupation,
Answer. I am about forty-seven years of age; IT reside in Rich-
mond, Virginia; Tam a tanner,
(). No. 2, by same:
So
—
»>
Ske? EB ei ek AE) a a
BLACK ET AL. V. THORNE ET Ah. 270
Please state whether you conduct business for yourself; and if
yea, how long have you done so, and what tannery do you now oc-
cUpyV.
A. I do conduct business for myself, and have been for about sev-
enteen years; [ oceupy what is termed the Richmond tannery.
Q. No. 8, by same:
Ifow long have you occupied and worked that tannery; and if you
purchased it, of whom did you purchase it, and what has become of
the person who sold it to vou ?
A. [ have worked by privilege from Mr. 5S. A. Marsh for a year and
halt, TD think; after Mr. Marsh’s death [ bought the property from
Mr. Frederick Brower; [L have occupied the tannery partially and en-
tirely for from three to four vears; the person from whom I pur-
chased it is now living in the city,
Q. No. 4, by same:
Who occupied this tannery before you took possession of it, and
What has become of him ?
A. Mr. Solomon A. Marsh occupied it; he is dead.
43 (). No. 5, by same:
When vou went to that vard, did vou find a furnace there;
and if so, what kind of fuel was burned in that furnace; and if the
furnace was in use, for what purpose was it used in the tannery?
A. I did tind a furnace there; wet spent tan bark was burned in
it; the furnace was used to generate steam to drive the engine,
pump up liquors out of the yard into the leaches, and for handling
hides, and for milling Indes, grinding bark, and conducting bark
from the mill to the leaches; steam heating tub for making oil and
tor heating liquor.
(). No. 6, by same:
Who did vou find managing the furnace and engine when you
came to the Richmond tan-vard, and who has continued to manage
them till the present time ?
A. Ltound James Cousins, a free colored man; the same man
has continued to manage them to the present time; he is still in my
employ.
Q. No. 7, by same:
Please state what is the character of James Cousins as a currier
and an engineer, and as a man of honesty, veracity, and intelligence
in his business, |
A. I find him tobe a very good currier and good engineer, as far
as Tam capable of judging, and an honest, upright man, and.a man
of veracity; [think he thoroughly understands the business which
he pursues, Which is running an engine and carrying leather.
(). No. 8, by same:
Please describe the furnace which you have in use at your tannery,
and state whether it has been altered since you have been at the
tannery,
A. The furnace outside consists of a brick wall; it is covered over
with brick; under tins covering are four arches; in each of those
OK BLACK ET AL. V. THORNE ET AL,
arches there is a feed opening from the top to the grating ; under
the feed openings there are tour chambers between the grate bars
and arches; those chambers are separated by brick walls ;
44 below each grate there is an ash pit; there Is an opening at
the front of each ash pit, with a damper to each opening to
reenlate the draft: there is also a door to eack chamber above the
erating; those doors are for stirring up fire in the grating and shak-
ing down the ashes: they are left closed at other times; there is a
fine from each chamber into the main flue, which conducts the heat
to the boilers: this main flue bends down a little below the bottom
of the boileroa litthe below the erown of the fuel chanibers; the
chambers above the grate are for holding the wet tan for burning ;
the stack is at the back end of the boiler, and the mingling flue at
the other end; the stack das a damper at the top; there never lias
heen any alteration, since [lave been at the tannery.
(). No {y. by Sale :
What is the general character of the operation of this furnace
when wet tan alone is used, and does it or not perform all the work
Which is intended to perform at the tannery 7
A. The furnace, in the first place, requires about the eighth of a
cord of dry wood in the four chambers to start it, after which wet
tun is all that is necessary to use to make the furnace perform all
the duties it is intended to perform; it does its daty well.
(). No, 10, by same:
Ilow Jong will the fire in this furnace, after it is properly started,
continue to do its work effectively if properly fed with wet tan alone ?
A. Tt will be a perpetual motion, withont some accident; I have
known it to run two inonths atatime; [have never known it to
stop, except when [ choose to stop it.
(). No. 11, by same:
As you have not stated all the appearances of the fire in your fur-
Mice, mingling flues, and under your boiler, please state whether
you have given particular attention to these things yourself, or
Whether vour turnace and engine have been to a very great extent
managed by some one else without much of your personal utten-
fion 2
45 A. It hasbeen managed, without much of my personal atten-
tion, by James Cousins; [have seen the fire in the furnaces
Inthe might, but [have not examined particularly the fires in the
mineling fine or under the boiler. ot
(), No, 12, by same:
From your experience in the use of your present furnace, please
to state whether a cord of wet tan or a cord of good dry wood will
produce the largest quantity of steam, the wet tan being burned in
vour furnace when a tall operation, and the wood being burned by
the best mode that of burning you are acqualnted with. :
A. Ttis my opinion the wet tan in my furnace will produce the
Miost steam.
(). No. 15, by same:
BLACK ET AL. V. THORNE BT AL. 2y
[ave vou any interest in any patent taken out by Moses Thomp-
son, or in the result of the suits, or either of them, in the trial of
Which this deposition is taken to be used %
A. None at all,
And farther this deponent saith not.
J. C. JONES.
UNITED STATES OF AMERICA.
NortTHERN District or NEw York,
County of Broome and State of New York, (s
Be it remembered, that on this twentieth day of September, in the
vear of our Lord one thousand eight hundred and seventy, [, Charles
S. Hall, a commissioner duly appointed by the Cirenit Conrt of the
United States for the northern district of New York, in the second
circuit, under and by virtue of the acts of Congress entitled “An
act for the more convenient taking of affidavits and bail in civil
“uses depending in the courts of the United States.” passed
46 February 20th, 1812; and the act of Congress entitled An
act in addition to an act entitled «An act for the more conve-
nient taking of affidavits and bail in civil causes depending in the
courts of the United States,’ ” passed March Ist, 1817; and the act
entitled *An act to establish the judicial courts of the United States,”
passed September 24th, 1789, did call and cause to be and | ersonally
appear before me, at my office in the city of Binghamton, in the said
northern district of New Y ork, in the state aforesaid, James B.
Weed, to testify and the truth to say, on the part and behalf of the
plaintiffs, in a certain suit or matter of controversy now depending
and undetermined in the Circuit Court of the United States for the
southern distriet of New York, at the eity of New York, in the dis-
trict aforesaid, wherein Charles N. Black, as administrator of the
estate of Moses Thompson, deceased, and Eliza W. Fitzgerald, as
admainistratrix of the estate of William P. N. Fitzgerald, deceased,
are plaintiffs, and Samuel Thorne, James McFarlane, and Jonathan
Thorne, jr., are defendants; and the said James b. Weed, being
about the age of thirty-three years, and having been by me first cau-
tioned and sworn to testify the truth, the whole truth, and nothing
but the truth in the matter of controversy aforesaid, [ did carefully
examine the said James B. Weed, and he did thereupon depose, tes-
tify, and say as follows, viz.:
I live in the city of Binghamton, and am engaged in the tanning
and carrying business.
Interrogatory 1. Ifow long have you been engaged in this basi-
ness 7 :
Answer. From eighteen to twenty’ years.
Int. 2. At what place 7
A. Binghamton, N. Y.
Int. 3. In what capacity have you been so engaged ?
ae
rt oe ee ee
” er ena
30 BLACK ET AL. V. THORNE ET AL.
A. LT have worked for my father and been in business for myself
for the last ten years. My father’s name was Marshal H. Weed.
Int. 4. Was he the owner of a tannery iu his lifetime; and if so,
Where situated 7%
47 A. Ile was, at Binghamton.
Int. 5. Did vou succeed him in business ?
A. I did.
Int. 6. Was that an upper or sole leather tannery ?
A. An upper leather tannery,
Int. 7. What kind of bark do vou use in tanning ?
A, ine
Int. 8. Did vou know Moses Thompson in his lifetime ?
A. I did. I became acquainted with him at Binghamton, in the
summer or fall of 1854.
Int. 9. State the circumstances of your becoming acquainted with
him, so far as you remember.
A. In 1854, when he came here, he hired ont to my father as a
eurrier.
Int. 10. Where did your father first meet him ?
A. At Mr. Daniel B. Simpsons tannery, in binghamton.
Int. 11. Did Moses Thompson build a turnace for your father at
at any time, and if so, state when and where ?
A. He built one at my father’s tannery, in the fall of 1854, at
Binghamton.
Tut 12. Were you then working for your father at his tannery ?
A. I was.
Int. 13. Describe how that furnace was constructed.
A. It had two ovens about four feet square, with a flue leading
from each oven into a common flue or chamber, and this chamber
discharging under the boiler, It had a door in the front of each
oven, and also an ash pit, with door leading into it; the tan was fed
through: holes in the top; there was a feed hole in the top of each
furnace; there was a separate ash pit for each oven; there were
iron erate bars, and sufficiently wide : apart to allow the charred tan
to full through; I don’t recollect ex: ictly, but I should judge about
an half-inch apart. ;
47a Int. 30. What kind of fuel did you use in the furnace built
by Thompson in 1854 ?
A. Spent tan, as it came from the leaches.
Int. 31. Did you dry it at all before using ?
A. - not.
[nt. 32. After the furnace was built, in’ 1854, by Thompson, who
first hr Se the operation of fee xing it at the commencement ?
A. Thompson himself.
Tnt. 33. Llow did he conduct the operation ?
A. Ile fed each oven alternately.
Int. 34. How did he start the fire in the beginning ?
A. With dry fuel. , 7"
Int. 35. LLlow mneh dry fuel did he use ?
*
%
ia
44
BLACK ET AL. V. THORNE ET AL. ol
A. Enongh to get the oven or furnace well heated up.
476 Int. 536. Having got the ovens well heated up, what was
the next process adopted ¢
A. He then commenced feeding the tan throngh the feed holes,
feeding each oven alternately,
Int. 87. In the beginning did he feed both furnaces at the same
time, or did he feed one and then the other ?
A. Ile usually fed one and then the other; I don’t remember
What he did in the beginning.
Int. 38. Tlow did he regulate the ash-jnt doors ?
A. At the first feeding de kept them closed, and after they were
well started let in a little air, but closed or nearly closed the mosi of
the time?
Int. 59. Did vou use any artificial blast or draft ?
A. Only what was made by the stack.
Int. 40. Was this process of feeding kept up continuously after
the fire was started ? ,
A. It was.
Int. 41. Did you ever tend that furnace yourself ?
A. I did.
Tnt. 42. For how long a period of time ?
A. Pretty much all the time it was in existence.
Tut. 43. What process did you adopt in feeding; any different
from that vou have described ?
A. I adopted the same process.
aot. 44. In what condition was the ash pit of this fernace as to
heat, when in operation 7?
A. We kept them as hot as the grates could bear; at a red heat
usually,
Int. 45. low were they kept hot ?
A. By the charred tan falling through and burning.
TInt. 46. What did you use the heat for, produced by this furnace ?
A. Used it for all purposes for which heat was needed, driving
machinery and heating and running an engine about eight-horse
power, The boiler was three feet diameter, two fourteen-inch flues
through it, twenty feet long.
48 TInt. 47. After starting the fire with dry fuel, as you have
described, did you use any other dry fuel afterwards to keep
it up? ;
A. We did not.
Int. 48. Low longa period did vou keep up the fire in this furnace
with wet fuel without the use of any dry fuel 7
A. [think for weeks at a time.
Int. 49. After this old furnace of 1854 was rebuilt, as vou have
described, how did you operate the second one with reference to
starting the fire and feeding ?
A. We operated that in the same manner as the first one.
Int. 62. What form do the heaps of tan thrown iito the tire cham-
ber exhibit, and what part of the heap appears to be on fire ?
Dis BLACK ET AL. V. THORNE ET AL.
A. When first filled the tan presents a conical form, and the fan
appears to burn from the outside, and as the heap burns down, little
holes appear, which spread out gradually until all is consumed, vn-
less 1t Is retilled.
U.S. Circuit Court.
Cuas. N. Buack, adm’r, &e.,
Us,
SAMUEL THORNE et al. \
DanteL B. Simpson, a witness on the part of the plaintiffs, being
about the age of fifty-five years, and having been first cautioned and
sworn to testify the truth, the whole trath, and nothing but the truth
in the matter of coutroversy, did depose, testify, and say-as follows,
viz.: | reside in the city of Binghamton, N. Y., and am_ fifty-five
vears of age, and am a tanner and currier by trade.
Int. 1. Did vou know Moses Thompson in his lifetime, and if so,
When did you become acquainted with him ?
A. I knew Mr. Thompson in his lifetime, and first became ac-
quainted with him in 1836, at Haverhill, Mass.; we both worked in
that fie at our trade of currying.
Int. 2. Did you ever meet him in Binghamton, and when for the
first time ? |
A. IT did; in August, 1854. |
Int. 38. Do von know anything of Thompson’s having been erm-
ploved to work tor Marshal Hl. Weed; and if so, what ?
A. He wanted to work for me, and I told him [ had no work, but
Mr. Weed was in want of a currier; he was employed by Mr. Weed
at my suggestion at my shop. |
49 Int. 4. Do you know anything about Mr. Thompson build-
Ing a wet tan furnace for Mr. Weed; and if so, when ?
A. In September or October, 1854.
Int. 5. After this furnace was bujit, were vou employed by Mr.
Thompson as his agent for building wet tan furnaces, such as he built
at Mr. Weed’s ¢
A. I was in the spring of 1855; he gave me a power of attorney,
and went to New Orleans. ‘
Int. 6. Did Thompson authorize you to sell ri
for furnaces for burning wet tan ?
A. Ile did.
Int. 7. Did you sell rights and construct furnaces under this power
of attorney ?
A. I did.
Int. 8. How long did you act as Thompson’s agent in this matter ?
A. Up to the time of his death. :
Int. 9. Have you heard read the deposition of James B. Weed,
taken before Charles 8. Hall, U.S. commissioner, in this present
suit, on the 20th and 21st days of September, 1870 ?
A. IT have heard it read,
glits under Itis patents
=
a
~~
tf
ww
BLACK ET AL. V. THORNE ET AL.
Int. 10. Are you personally acquainted with the facts stated in that
deposition, as to the construction and operation of the several far-
naces therein described ; and if so, are the statements as therein made
by Mr. Weed true to your knowledge 7
A. They are.
Int. 11. Aud are you willing to adopt that statement as yours 7
A. I ctlh),
Cross-examination :
Cross-int. 12. Will vou give us a list of the rights von sold, and
What you got for each right 2 :
(Objected to as immaterial.)
50 A. Twill make out a list.
Trurspay, September 22, 1879.
Pursnant to adjournment.
[ here produce a list of the rights sold during the years 1856 and
1859; I have sold none since.
(List produced, marked * Exhibit Simpson.’’)
6 Maehibit Simpson.”
Furnace rights sold to and paid for by—
Samuel Archibald, Oswego, N.Y... eee eeee eee nenaiaeiaaaihe 8100 00
rateneere Sotrnbenred, Tihemen, N.Y oo... cnc ices cecsccnsecesecennecees 100 O00
Howell, Curtis & Co., Cambelltown, N. Ye... cece cece eee ee 150 00
J. D. Hamilton & Co., ‘6 ee per eee ere 150 00
J. Wand, A. Kiersted, Cadosia Vallev, N. Y..... ait ie 150 00
Fraser & Tongland, Callicoon, N. Y........ cece cee ee eee eee 150 00
Dantorth & Beekman, Taberg, N. Y........ inidieiasusinsasuliucliasnah 150 00
Lewis Rider, Florenee, N. Y........... lle a cima canals 100 00
Comped Bitemm, Corttand, IN. ¥ 20. .ccccccccccccccsvesccescccccsccsee 100 00
John & Wim. Pagett, Elmira, N. Y........ ieicoilosiadasiiis ae Ee 100, 00
Bidwell, berkshire, N. Y....... OS PCa ED 100 O00
J. W. Brackney. Brackneyville, Pa....... i... eee cece eee ee: Lad 00
Herring & Co., Lockhaven, Pa........ APE TE EEE A 100 O00
William Bates & Co., Svracuse, N. Y...... a hs ka 125 00
Wim. Tremain, Lanesboro, Pa..... ee ek ai Zo O00
Babcock, Gibbs & Co., New Berlin, No Yu........ 2... eee eee 150 00
ol U. S. Cireuit Court, southern district of New York.
CuarLes N. Buack, adm/’r, &e., and mer,
against
SAMUEL THORNE and others.
JAMES TOMPKINS, a witness on the part of the plaintiffs, being
about the age of fifty-seven years, and having been first cautioned
D
54 BLACK ET AL. V. TITORNE ET AL.
and sworn to testify the truth, the whole truth, and nothing but the
truth in the matter of controve bs aforesaid, did depose, testify, ancl
sav us follows, viz.:
T reside in Binghamton; [am now out of business; Tama mill-
wright by trade. —
Interrog: atory 1. Have von built tanneries, and how many years
were you engaged 3 in the business ?
Answer. % have built t: anneries for eighteen years 1n this section of
the country.
Int. 2. Were you ever in the tanning business yourself, and did
you own a tannery, and if so, where ?
A. I did, with a partner, at Liberty, Susquehanna county, Penn;
the taunery is now carried ou by one Knight, the only owner [ heist
of,
Int. 8. Were vou ever at Marshal If. Weed’s tannery at Bing-
hamton, and if so, when ?
A. IT caw’t savy when was the first time I was there; [ was there
When it was building, and have been there often since.
Int. 4. Did von ever go there to look at the wet-tan furnace, and
when 7 .
A. It was very soon after they got it in operation; [ can’t tell the
exact date.
Int. 5. Didyou examine the furnace when you went there ?
A. I did.
‘Int. 6. Are vou familiar with the manner of its construction and
how it operated ¢
A. ITdomwt know that [ean remember every particular about it,
except it was explained to me by Marshal I]. Weed; I think there
were four ovens—there might have been only two ; they were built
in the ordinary way, and discharged into what they called a mixing
chamber; it is very little that I know of the operation ; it Was ted
from the top; I dowt remember how vor how often.
Int. 7. fave vou ever built any farnaces for burning wet tan ?
A. T have looked after the buil ling of them—super intended therm.
Int; 8. Tlave you ever seen the furnace at the Albion tan-
nervy ¢
52 A. I have.
int. 8 When were vou there and at what times ?
A. [was there first April 6, 1864, and have been there several
times since; I went there to — Oliver Lapham.
~92 De : .
53 Int, 22. W as this farnace in operation when you saw it
on this occasion ?
A. It was.
Int. 23. What kind of fuel did they use ?
A. Wet tan.
Int. 24. State how they were operating these ovens when you saw
them.
A. All except one were in full blast, and that was just filled.
Int. 25. ITlow were the ash- -pit doors p! laced 7
+4
BLACK ET AL. V. THORNE ET AL. 30
A, All except the oven last filled were closed or nearly closed,
and that one was a little open.
Int. 26. What kind of fire had they ‘
A. Very good, I should think.
Int. 27. From what you saw there can you tell how the furnaces
were fed with wet tan ?
A. The one last filled was commencing to burn. I do not know
how to answer it any more than that as they barned down they
filled them up.
Int. 28. Can you state in what rotation they were filled ?
A. No; sometimes they cannot go in rotation.
Int. 29. For what reason 7
A. The one filled may not burn as fast as one which has been
filled since; one oven may be tilled when the fire is low, or for some
‘ause may not burn readily, so that one filled afterwards, in which
the fire is just right, sets to burning sooner than the one filled first.
Int. 830. Where is the Albion furnace situated ?
A. At Sand Bank.
Int. 31. Where did you tirst see awet tan furnace like this ?
ot (Objected to as asking a conclusion, instead of asking for
facts from which conclusions may be drawn.)
A. At Marshal Il. Weed’s tannery.
Int. 832. Did you observe the condition of the ash pits in this fur-
nace ?
A. They were hot, and in good order, and the grates were very
hot.
Int. 838. Was there any fuel in the ash pit ?
A. The hot tan which had dropped through the grate.
Int. 84. Will the fire burn successfully in ovens of this character
when the ash pits are not hot %
a9) A. Idid. They called it that.
Cross-int. 40. Who called it that %
A. A man who was there around.
Cross-int. 41. Where did you see it ?
A. At Newark, New Jersey.
Re-direct Examination :
te-direct int. 49. What kind of a place did vou find it located
in ¢
db A. Inthe boiler room of a tannery of patent feather, split
leather, or both.
Re-direet int. 50. State what kind of astructure it was, as near as
you can ?
A. The oven was set up with a space from the foundation; the
ash pits were under them; the oven was at the side of the boiler;
they fed it through a door in front; this is about all [ know of the
oven; ITdom’t know whether there was one or two ash pit doors,
Re-direct int. 51. Was it in operation 7?
A. Yes.
530 BLACK ET AL. V. THORNE ET AL.
Re direct int. 52. What kind of fuel did they use ?
A. Tan and coal i
Re-direct int. 3. low deep on the grate bars did they throw this
tun and coal ?
A. Not very deep; T could not tell how deep.
a7 U.S. Cireuit Court, southern district of New York.
CHuartes N. Brack, adm/’r, &¢., an’r, /
agaist
SAMUEL THORNE and others. ‘
Joun UH. Kiersrep, a witness on the part of the plaintitts, being
about the age of sixty years, and having been first cautioned and
sworn to testify the trath, the whole trath, and nothing but the truth,
in the matter of controversy atoresaid, did depose, testify, and say
as follows, viz: [ reside at Hancock, Delaware county, New York ;
Tama tanner by trade,
Int. 1. Are you the owner of a tannery at that place 4
A. Myself and brother own a tannery together there.
fut. 2. [low many hides do you tan each year?
A. About twelve thousand hides, and sometimes more.
lnt. 3. Tlave you a furnace there burning wet tan 7?
(Objected to as immaterial.)
A. I have.
Int. 4. Describe the construction of that furnace.
(Same objection, )
A. In the first place we have four ovens, about eight feet in
length each and about four feet in width each, They are built with
anash pit underneath them, and then from the oven back they ran
into achamber; two flues to each chamber, The tlues of the
5S two outside ovens connect with the flues of the two inside
ovens, and discharge throneh the flues of the inside ovens in-
to the fire chamber; at the junction of the two flues there is a dam-
per; thereis a space under the boiler; [ call the flue from the ovens,
after the junction of the two flues, a fire chamber,
Int. 5. Is there any bridge wall behind this fire chamber ?
(Objected to as immaterial.)
A. Yes; it is about five feet from the back of the boiler. and
built to within five inches of the boiler.
Int. 6. When was this furnace built ?
(Same objection. )
A. In 1856,
‘Int. 7. Ilave vou a license for using it, and if so, from whem and
when did vou Obtain it %
(Same objection. )
A. I believe we have a license from Moses Thompson, obtained
when we put them in.
Int. 8. [Low do you feed the ovens ?
(Same objection.)
-~4
BLACK ET AL. V, THORNE ET AL. 37
A. We feed them from the top, and fill the back holes and front
holes alternately ; we feed the ovens alternately also, as well as the
holes.
Int. 9. In what position do you keep the ash pit doors %
(Same objection.)
A. We keep them closed most of the time.
Int. 10. What kind of grate bars do you use ?
a9 (Same objection. ) |
A. They are made of fire brick.
Int. 11. Any tirein the ash pit, and how is that kept up?
(Same objection.)
A. Yes; It is kept up by the tan dropping through the grate
bars; it forms a bed of coal there with the ashes,
Int. 12. Do you use any wood in these ovens ¢
A. Only when we clean out and start a new fire; then we usually
put it in the ash pit.
Int. 13. Ilow often do vou clean out ?
A. Onee a week, and we may not as often; we clean only one
oven at a time.
Int. 14. If you used dry fuel, how much would you require during
the vear without these ovens ?
(Objected to, as it is not shown that the witness has made the trial
with dry fuel, and as incompetent and hypothetical.)
A. About six hundred cords.
Int. 15. Do you run an engine, and how large ?
A. We run from twenty to twenty-five horse power
Int. 16. Do you use the heat for any other purpose ¢
A. We use the exhaust steam froin the engine to beat the leaches.
Int. 17. What mason built this furnace ?
A. Mr. Thurston.
TInt. 18. Who instructed vou how to use them ?
(Same objection.)
Thompson was there at different times; Sarrenberger was
-here, the man Thompson employed.
60 U.S. Cireuit Court, southern district of New Yorks.
CuarLes N. Buack, adm’r. &e., & awor,
agaist
SAMUEL THORNE & others. j
SAMUEL ARCHIBALD, a Witnesson the part of the plaintiffs, being
about the age of sixty years, and having been first cautioned and sworn
to testify the truth, the whole trath, ani nothing but the truth in the
matter of controversy, did depose, testify, and say as follows, viz.: I
reside in the village of Osw ego, N. Y., and am a tanner by trade.
Interrogatory 1, For how many years have you been engaged in
the tanning business ¢
Auswer. [ built a tannery in 1858, myself, at Oswego, and I have
been engaged in the business ever since.
38 BLACK ET AL. V. THORNE ET AL.
Int. 2. Do von own tlie tannery your men occupy, and for how
long ?
A. L do, and have owned it sinee IT built it in 1838.
Int. 3. Did you know Moses Thompson in his lifetime, aud when
did vou first get aeqnainted with him ¢
A. I did; I think in 1854.
Int. 4. Did you ever see Thompson’s farnace for burning wet tan,
and if so, When and where ?
A. At Marshal IL Weed’s tannery, in Binghamton, either in L854
or 1855, perhaps 1855.
Int. 5. Where did you first get aequainted with Moses ‘Thomp-
son ?
61 A. At my tannery,
Int. 6. Did he then make any application to you for build-
ing a furnace for burning wet tan ¢
A. Ie did.
Int. 7. Did you see the furnace at Weed’s work ?
A. I did; I think I sent Thompson to Weed’s betore he was em-
ployed there.
Int. 8, Did vou see Thompson at Weed’s tannery when you saw
the furnace there at work :
A. Yes, sir; onee.
Int. 9. How long had Thompson been at work on the furnace
then ?
A. I don’t know how long ;
got it running.
Int. 10. Did you say anything to him about the iron grates in the
furnace ?
A. I dowt know that [ said anything about that; in faet I did not
know at that time but that Iron would do as Well as fire brick.
Int. 11. Did you watch the operation of that furnace ?
A. Some; not very particularly.
Int. 12. Did you erect one at your tannery 7
A. I aid.
Int. 18. When ?
A. I think in 1855 or 1856.
Int. 14. For what use did you put it after you erected it ?
A. For ranning an engine to run the hide mills and machinery,
and for heating liquor,
Int. 15. State how your furnace was constructed.
A. I erected it like the model marked complainant’s “ Exhibit E,”
with the exception that T had two cylinder boilers in my furnace, the
model showing only one.
Int. 16, After you got that furnace built, what kind of fuel did
you use f¢
he had completed the furnace and
A. Spent leached or wet tan, after it had been ground, — ,
2 Int. 17. State how vou operated the furnace with wet tan.
A. We started the fire with wood in the first place, to get it
heated up, and then applied the wet tan, feeding from the top—we
BLACK Ef AL. V. THORNE ET AL. Oo
had two feed holes to exch oven; my ovens were eight or nine feet
long. IT think there were three ovens, After furnace was nicely
started we kept the ash pit doors pretty much closed. It domwt re-
quire a very strong draught to burn wet tan in this furnace, Wefed
one furnace at atime. We commence, say, at the end furnace, and
then fed along,as we wanted it, to the other end, when we would
come back to the first one.
Int. 18. Any smoke come from the chimneys when the furnace
was first started 7
A. Yes, sir; then after it was in full operation and working well
no smoke Was visible.
Int. 19. Tlow did you regulate the dampers ¢
A. Just as vou wanted them. We shat down at night, we close
all the dampers—that confines the fire wholly to the ovens. In one
of these ovens, when so shut, if lately filled, it will smoke until the
bark is charred all over, when there will be no more smoke and only
just heat enough to keep up steam. In the morning we are ready
for work. On starting we fill one oven; then when this is going
nicely, the next,and so on—-and so repeat through the day. The
dampers are kept open throngh the day while ranning, and are closed
When we shut down. There was a damper in the stack with which
we regulated the draught as we required,
Int. 20. When the ovens were nicely burning what was the ap-
pearance in the mixing chamber %
(Objected to as immaterial. )
A. When it is all right we have a white heat in there.
Int. 21. Winch would produce the most heat, a cord of wet tan,
as used in this furnace, or a cord of dry tan or dry fuel, as used in
an ordinary furnace ?
63 (Objected to, as the proper foundation has not been laid for
the question; as it is not shown that the witness has tried the
experiment or made the test —the only facts from which a conclusion
can be drawn.) :
A. In my opinion a cord of wet tan, used in this furnace (Exhibit
#), would give more heat than a cord of dry tan in the same furnace.
Int. 22. When the furnace is in full operation have vou any fire
In the ash pit—and how is it kept up?
A. By the tan falling through the grate bars.
Int. 23. Ilow hot is it 7 |
“A. ‘The grate bars are cherry red.
Int. 24. Is it essential to have the bars at a red heat 7
A. They have got to be hot if you burn wet tan.
Int. 25. Who informed you how to conduct your furnace in the
first Instance ?
A. Thompsom—James Weed stayed with me a week.
Int. 26. Did you have any instruction from Simpson 7
A. I dow t know that I have.
Int. 27. What kind of tan did you use?
A. ] lemlock.,
—— en
40) BLACK ET AL. V. THORNE ET AL.
Int. 28. What shape were the heaps of tan in the oven after
feeding ?
A. A little round heap or stack.
Int. 29. How muelh air did vou admit into this furnace for burn-
ing wet tan as compared with what would be necessary for burning
the same amount of dry fuel ?
(Objection to 21st repeated.)
A. We don’t use near as much.
Int. 30. Did vou ever see a Crockett furnace ?
A. I dowt know that I ever did to know it by .nat,name.
64 Int. 81. Were you ever at the Candor tannery ?
A. [have been—it belongs to Hoyt & Bosname; when I
was there Howe, Lincoln & Elmendorf owned and run it.
Int. 832. Did you see a furnace at that tannery; if so, describe it?
(Objected to as immaterial.)
A. I did; it was altogether different from the model « Exhibit
E;” the tan instead of being put in at the top was shoveled in at the
doors in front, with a very large grate surfave—the tan spread over
thin—with a very strong draft. |
Int. 33. Did you see any dry fuel used in it ?
A. The tan was partially dried by being spread about a little in
the engine room.
Int. 834. Was there any dry fuel used ?
A. Some wood was used to start with, [ gness; [ saw coal dust
mixed in with the tan; I have tried it myself a little, and in’ barn-
ing in this furnace I did not think it added enough to pay, but in
the Candor furnace it works well.
Int. 35. Which furnace requires the most labor to feed, your fur-
nace or the Candor furnace ¢
(Objected to as immaterial.)
A. I think the Candor furnace would require double the labor,
Int. 86. About how often did you let the fire go out in your fur-
nace ? )
A. Not at all, except for repairs.
65 U.S. Circuit Court, southern district of New York.
CuarLes N. Brack, complt.,
SAMUEL THorRNE, JAMES McFarbLane, and J ces,
‘THORNE, jr., defendants.
Taking of depositions before John Whitehead, commissioner, &c.,
in behalf of complainant, at the city of Newark, New Jersey, or.
the 20th day of November, A. D. 1870,
WARREN CRELIN, a witness produced on the part of complainant,
being duly sworn according to law, saith:
Iuterrogatory 1, What is your name, age, residence, and oceupa-
tion ¢
BLACK ET AL, V. THORNE ET AL. 41
Answer. Warren Crelin ; 166 Oliver street, city of Newark, New-
Jersey; I am forty-two vears old, and an engineer.
Int. 2. Were you everin the employ of Hoyt Brothers, in the city
, of Newark 7?
A. IT was, as an engineer.
Int. 38. When were you first emploved, as near as you can
state ?
OO A. I think it was fifteen or sixteen Vvears since, as near as
T could tell; Tecould not tell the vear exactly.
Tut. +. Tlow long were you in the employ ?
A. Nearly six years,
Int. 5. Where ?
A. [Iu New York avenue, near Railroad avenue.
Int. & [lad they any furnace there for burning wet tan ?
A. Yes, SIV.
O7¢ Tat. JO. What kind of grates were used in ILoyt’s furnace,
and of what material were they 7
A. We ealled them a straight bar; they were of cast iron,
Int. 11. What were the inside measurement or dimensions of
Hlovt’s furnace ?
A. IT never measured the furnace in the inside; I think the ont-
side was six by eight feet, if mv memory serves me right; as this
model stands it was eight feet front from the boiler up in this diree-
tion across to the front of the oven.
68 Int. 18. State the mode of using the ovens in firing up
’ and keeping them going In operation 7%
A. I did not fire the farnace; [ had a fireman; he did the firing,
T run the engine; I fired and attended the coal furnace after we got
it in.
Tnt. 19. Did vou see it done ?
A. Yes, sir; I saw some of it done.
Int. 20. Now state what you saw done
A. I never saw the fire a great deal; it was started by the watch-
man; whenever | saw it started we always put in our wood and
shavings and get a fire the same as we would start a coal fire and
put on the tan; we could keep feeding it as we required it by throw-
ing in the tan.
Int. 21. About what quantity of tan did yon keep upon the grate ;
how thick ?
A. That would depend upon the weather; if the weather was
damp ona rainy day the fael was a little wetter than usual; we
: would have to make a thinner fire: [ would mot like to say how
thick the fire was; I never measured if.
Int. 22. What eondition was the tan in when used ¢
A. Well, we could cast a leach every day and drain it for a day
or two; we threw it over into a shed, from which the fireman wheeled
it down, and it was put into the furnace oven,
Int. 23. ILow was the water first applied to the bark ?
6
a etn ssid Seas Sk + vera sisi Susie b43 fo * ee ee RE th 7S
Seka BS i aD Sah aN one Cee a ava “: ee
42 BLACK ET AL. V. THORNE ET AL.
A. [had nothing to do with the tanning yard, their foreman at-
tended to that.
Int. 24. Was anything used with the tan as fuel 7
A. We used Cuinberland Corl SOE,
19%) Int. 28. When the furnace was in operation how were the
ash-pit doors kept ¢
A. Generally kept open, [ think.
70 U.S. Cirenit Court, southern district of New York.
Coarctres N. Brack. administrator ot the estate ;
ot Moses THompson, deceased, and Eniza W.
FIrTzGERALD. vs ndministratrix of the estate of
Witttam VP. N. FirzGerabtp, deceased,
/ a
SaMvet THorNE et al. )
WEDNESDAY, Junuary 18, 1871.
Present: Counsel as betore.
Grorae J. Woopwarp, being duly sworn as a witness for the com-
plainants, deposes anc Says: .
futerrogatory 1. What is your name, age, residence, and occupa-
tion 7 |
Answer. My name is Geo. J. Woodward; [Tam in my 47th
71 vear ; reside in Ulster county, New York; [work on all kinds
of farming; anyining [can get to do at this time of year.
Int. 2. Did vou ever live in’ Woodstock, Ulster county; if so,
stute When you first went there to live ?
A. Yes, sir; it was in 1854, about the Ist of October.
Int. 3. Flow lone did vou continue to live there ?
A. About 14] vears.
fut. 4. What was your occupation during the time you lived at
Woodstock 7
A. Working at the tanners’ beam; worlkin
hides,
tnt. 5. At what tannery 7
A. Woodstock tannery.
[nt. 6. Who carried on that tannery when vou first went there ?
A. Nathamiel bouton, ;
Int. 7. Who owned the property on which the tannery stood ?
A. [heard them say it was leased from Mr. Gage; that’s all [
know about it.
Int. S. Did vou ever hear of Reese & Hovt, or Hoyt Brothers, as
connected With that tannery when you went there re
A. [ heard of [lovt Brothers.
[nt. 9. Was there any other tannery in Woodstock except that 7
A. Not in the village of Woodstock; [ dou’t think there was any
in the town of Woodstock but the one I refer to. :
g in stock, fleshing
- PSs APOE DBR TIE RRS.
BLACK ET AL. V. THORNE ET AL. . 43
Int. 10. What month was it vou first went there to work?
A. October, 1854.
Int. 11. Was there a furnace in that tannery when vou went there %
A. Yes, sir.
Int. 12. Was it in operation 7
A. Yes, sir.
Int. 13. What kind of fuel was used in it ?
A. Wood and tan,
(2 Int. 14. What was the furnace used for ?
A. Tt was used for grinding bark, pumping liquors, rolling
leather, and heating liquors by steam, generating steam for driving
machinery,
Int. 15. What kind of tan was used in that furnace ?
A. The principal part of it was hemlock tan; a litte oak some-
times,
Int. 16. In what condition was the tan when put into the fur-
nace ?
A. Generally wet, as we pitch it out of the leaches.
Int. 17. Was that so at all seasons of the year?
A. It was while Mr. Bouton carried it on,
Int. 18. For how long was that %
A. He carried on business there for abont five vears, I think.
TInt. 19. [Low much tan did they pnt in the furnace at once ?
A. They used to shovel in from two to four inches—sometimes
spread it over the oven grate bars.
Int. 20. Did they put in any other kind of fuel besides this tan ?
A. Thev used wood when they couldn't keep up steam enough
With tan alone.
Int. 21. What was the general daily practice in this respect in
feeding the furnace ?
A. Well. sometimes they would have to use more and sometimes
less, according to the work they had to do.
Int. 22. State, as near as vou can, about how much wood thev put
in the furnace during the day, with the tan,
A. I couldn’t tell anvthing about-that; well, T coulduwt tell to a
certain amount; they used a little along occasionally.
TInt. 28. What kind of wood did they use ?
A. They used all kinds of mixed wood.
Int. 24. What were the dimensions of this furnace, as near as
you ¢an tell ?
A. Well, I think the oven was about seven feet deep,
73 and very near as wide as it was deep, as near as T can tell.
Int. 25. About how many thousand hides did) they tan In
that tannery ?
A. Probably they tanned from six toseven thousand hiaes a year ;
[ can’t tell exactly—may be over, may be less.
Int. 26. Did they consume all the tan that was made in that tan-
nery ?
A. No, sit.
SIE NE gn Stee
PT AD PRIS MG EO GE OEE
?
44 BLACK ET AL. V. THORNE ET AL.
Int. 27. What did they do with the tan not consumed in the fur-
nace ?
A. They run it out in the creek.
Int. 28) Was that the case when Mr. Bouton was there ?
A. Yes, sir.
Int. 29. Is that furnace in the tannery yet ?
A. Yes, sir.
Int. 30. After Mr. Bouton left, was there any change made
feeding it with tan?
A. ‘They used to dry the tan in summer time, _— they used that
In the furnace,
[nt. 31. What part of the year did they use the dry tan ?
A. Well, from spring to fall; as long as they could dry it all
through the summer,
Int. 32. Then in the fall, after they stopped drying tan, what did
thev use ?
A. They used some wood with the wet tan then.
Int. 53. Low frequently daring the day would they use the wood ?
A. Well, they had to put in wood once in a while during the
day, to keep the fire up-—conld not tell how often during the
day.
74+ Cross-int. 112. What was the size of the oven ?
7) A. About 7 feet from the furnace door to the boiler, and
about the same width ; about three feet high ; might be more
or less; [never measured.
Cross-int. 113. Did they have the engine running every day while
Bouton had the works, exclusive of Sundays and holidays ?
A. [think they did, more or less, every day; there was always
something to do,
Cross-int. 114. Can you say that the same was true when Vander-
voort took possession and ran the tanuery ¢
A. Yes, sir; I thinks it is.
Cross-int. 115. For how long was it the case after Vandervoort
had possession 7
A. He used to rnn every day as long as [ worked for him.
Cross-int. 116. Why was Vandervoort required to dry his’ tan
when, according to vour statement, Bouton burnt his wet ?
(Objected to as assuming what the witness has not said. )
A. Ile done it to save wood.
Cross-int. 117. Did Vandervoort burn any wood ?
A. Yes, sir; lots of if in the winter time.
Cross-int. 118. What do you mean by lots of it—what quantity ?
A. From one-fourth to a cord and a half ad: ay—sometimes,
Cross-int. 119. Why does it differ in quantity on different days ?
A. They dowt have as much to do some days as they do others;
that is the reason, [ suppose, it differs.
Cross-int. 120. Did Mr. Vandervoort use wood during the time he
was burning his dried tan during the summer ? |
-|{
ae
BLACK ET AL. V. THORNE ET AL. 45
A. I think he only used enough to start with in the morning when
he used dried tan.
Cross-int. 121. How did he dry this dried tan ?
76 A. Spread it over the vard.
Cross-int. 122. [Low large was the yard about ?
A. Might have been about one-fourth of an acre, more or less ;
quite a nice yard,
Cross-int. 125. Who occupies the tannery now ?
A. Mr. Vandervoort, [ believe ; he lives at Woodstock.
Cross-int. 124. Are yon able to testify the amount of wet tan that
Was spread out in the vard at any one interval of time ?
A. No, sir; I eouldn’t tell.
Adjourned to the 19th inst., at 95 a.m.
THurspay, January 19th, 1871.
Present—Counsel as before.
Cross-examination of GrorGcE J. Woopwarp resumed:
Cross-int. 125. Do vou know what was the average amount of
wood used daily in connection with wet tan, exciusive of kindling
wood, at starting, in order to heat the oven during the time that
Bouton bad possession of the tannery and while you worked there
for him?
A. No, sir; [ ecouldn’t tell how much.
Cross-int, 126. Do you know either about how much 7
A. No; IT couldi’t tell how much ; [ have seen them putting wood
in the furnace before now frequently, when [ bappened to be down
that way,
Cross-int. 127. When you stated, then, vesterday, in answer to
cross-int. 118, that there was burned from one-fourth to a eord and
a half of wood a day sometimes, to What time and under whose ad-
ministration or ranning of the tannery do you refer, and how did you
yesterday arrive at this calculation, when this morning you cannot
tell the amount 7
17 (Kirst part of question objected to as having been already
answered, )
A. [think it was Mr. Vandervoort’s time. as near as I ean re-
member; L think he burned a good deal niore wood than Mr. Bouton
did.
Cross-int. 128. What would you call a good deal more ?
A. I dom’t hardly know how to answer that question,
Cross-int, 129. Can you answer it at all 7
A. Well, the way [ can answer it, he used more steam for lis
liquors than Mr. Bouton did; he used! to heat up more than Mr.
bouton did,
Cross-int. 130. Now, can you swear positively that Mr. Bouton,
when he was using his engine for the running of his machinery only
and without the heating of liqnor, used any wood in connection with
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4h BLACK ET AL. V. THORNE ET AL.
his wet tan, other than what was required to start the fires in order
to heat up the oven at the commencement of the eperation of burn-
ing wet tan ?
A. No; I couldn’t swear positively to that.
7S United States District Court for the southern distriet of New
» 2 ork,
Cuartes N. Back, administrator of the estate of Mosgs |
"THOMPSON, deceased, and Kniza W. FrrzGeERALD, ad- |.
miunistratrix of the estate of WinutiaAmM PB. N. Firzcrr-
ALD, deceased, plaintitts,
rN,
SAMUEL THorne, JAMES MckFArLANE, and JONATHAN
THorne&, jr., defendants.
7) Rovert Drxawe 1, of full age, being duly sworn accord.
ing to Taw, doth depose aid say, as a witness for the com-
plainants :
Interrogatory 1. What is vour name, age, business, and residence ?
Answer. Robert Dingwell; IT am forty-two years old; I am a
leather manufacturer; [reside at No, 28 State street, Newark, N. J.
Int. 2. Were you ever employed at Chadwick’s ?
A, L Wats,
Int. 3. Ilad they a furnace there for burning wet tan ?
Ohi ted to as Immaterial. )
ji he ay hh: ul,
ot 4. How long were you employed then re ¢
(Same objection as to last.)
Twenty-five or twenty-six years. My employment there com-
menced, I think, in 1844, and ended in T1869.
TInt. 5. Are you acquainted with the furnace there, and the mode
of operating it during that time ?
(Same objection as to last.)
A. A portion of that time.
Int. 6. In what capacity were you employed there %
(Same objection as to last.)
A. From apprentice boy to superintendent of the establishment—
superintendent of the manufactaring portion of the establishment.
Int. 7 During what time were you acquainted with the furnace
and its Operations 7
8() (Same objection as to last.)
A. More particularly the last.twelve vears that Twas there.
Int. 8. In what capacity were you there the last twelve years ?
(Same objection as to last.)
A. About ten of them I was superintendent, the last ten—the
other two I was foreman.
Int. 9. Look at this model, marked “« Defendant’s Exhibit 6,”
(Crockett furnace,) and state how far that furnace there resembled
this model.
— a © Fy Eh
LOOK DE STIS Re EE Oe
BLACK ET AL. V. THORNE ET AL. 47
(Same objection as before ; also as leading, incompetent, and im-
proper, )
A. The difference of this is that it appears longer than wider than
the one there, the one there being eight feet wide by six feet deep,
or about that.
Sl Int. 14. What fuel did you use 7
(Same objection as to last.)
A. We used wet tan, and late vears bituminous coal with it; for-
mer years we used anthracite coal in connection with the tan, both
coals,
TInt. 15. In what condition was the wet tan 7
(Same objection as to last.)
A. Well, sometimes we would use it immediately after pitching
it out of the leach, and at other times it night be laving out in the
vard a few days, according to how much tan we had ahead.
Int. 16. [low much coal was used; in what proportion 7
(Same objection as to last.)
A. From 1,000 to 1,200 pounds of bituminous coal in 24 hours.
We used more of the anthracite coal, from 1,500 to a ton a dav if
our works were in full operation. When we pat in the Tapper bar
we used from 800 to 1,000 pounds of the bituminous coal. The
was chestnut and stove size, that is the anthracite; the bituminous
coal was in the lump, which we crushed to about egg size, and some
of it was smaller and dust.
Int. 17. When it was in operation how did you keep the ash-pit
doors ?
82 (Same objection as to the last.)
A. They were generally open; the other doors, the doors
to the fyel chamber, were generally kept shut; sometimes the sliding
doors in the door, the fuel doors, were left open—according to the
heat.
Int. 18. What was the effect on the heat of keeping the shding
doors open 4
(Same objection as to the last.)
A. To check it.
Int. 19. What was the effect of opening or closing the ash-pit
door ? ;
(Same objection as to the last.)
A. To open would increase the draft, to shut would decrease the
dratt; to increase the draft would increase the heat in the furnace.
Int. 20. Waseany dry tan used at all ?
(Same objection as to the last. )
A. Yes, sir; sometimes we would have a large prie of tan lving
on the dock, and the outside would dry—we never purposely dried
apy tan tor that purpose.
Int. 21. In what state, as to dryness or wetness, Was the tan most
usually burned 7
(Same objection as to the jast. )
A. It was wet.
48 BLACK ET AL. V. THORNE ET AL.
Int. 22. Was there any fire in the ash pit at the time, or merely
ashies, when it Was in operation 4
(Same objection as to the last.)
A. Merely ashes.
83 Int. 23. About how much did you keep on the bars, in
feeding the furnace, of tan and coal *
(Same objection as to the last.)
A. Well, from ten to fifteen inches,
Int. 24. Did the condition of the weather make any difference in
the amount vou kept on the bars 4 ;
(Same objection as to the last. )
A. It did somewhat; in damp weather we didw’t keep so thick a
fire; in dry, clear weather we kept a thicker, a heavier covering ;
in damp weather say ten inches, in dry weather fifteen inches; I
don’t give this exactly; it was abont that.
Int. 25. When it was in full operation would there be smoke or
sparks at the top of the smoke stack, or would it be comparatively
clear ?
(Same objection as to the last.)
A. Sometimes it woald smoke tremendously, and sometimes there
would be many sparks; at other times it would be comparatively
clear, and there would be a glimmer of heat.
Int. 26. What was the height of the smoke stack ?
(Same objection as to the last.)
A. Originally, [ think, it was forty (40) feet, and we had fifteen
feet added; [ think tifteen feet; about that.
Int. 27. Where is this furnace situated 4
(Same objection as to the last.)
A, At tlie former Chadwick Patent Leather Works, at 40 Front
street, Newark, N. J.
84 WeDNESDAY, February 8th, 1871.
Present—Counsel as before.
Conrad Kier, called and sworn as a witness on the part of the
complainant, deposes and says:
Interrogatory 1. What is your name, age, residence, and occupa-
tion 7 |
Answer. My name is Conrad Klein; 52 years of age; reside at
New London, Connecticut, and am a tanner and currier
fnt. 2. [low long have you been engaged in that Secupation from
first to last ?
A. Since the 23d of January, 1833.
Int. 5. Where were you engaged in that business in the year
1855 7
A. In the state of New York, in Cortlandt county, town of
Tomer,
85 Int.4. Were you ever in the tannery of Marshall H. Weed,
In Binghamton; and if so, when first ?
g
BLACK ET AL. V. THORNE ET AL. 45)
A. Iwas; I believe it was in the forepart of 1855.
Int. 5. Did vou see any furnace in there at that time; and if so,
With what kind of fuel was it fed ”
A. I did; it was ted with wet tan.
Int. 6. Was any fuel used in it, so far as you saw, except the wet
tan ? :
A. There was not.
TInt. 7. Were you the owner of a tannery at Tomer at that time ?
A. I was.
Int. 8. [lad vou ever seen wet tan burned in a furnace before you
saw it at Weed’s 7
A. Not in the way they burned it there.
Int. 9. Did) you construct or have a furnace constructed in your
tannery for burning wet tan after that; and if so, how long after
that ?
A. I did have one constructed; I coukl not say the precise time,
but think four or five months afterwards.
Int. 10. Who did you apply to, if any one, to construct or have
that furnace built for you 7
A. I believe Mr. Webster was his name; he lived in Binghamton.
Int. 11. Do you know B,D. Simpson, of Binghamton; and if so,
did vou make any application to him to build that furnace ?
A. [knew Mr. Simpson, and Timade an application to him to
build the furnace.
Int. 12. In what capacity did Simpson act’
A. In the capacity of agent for Moses Thompson.
Int. 13. Describe how that furnace built by Mr. Webster for you
Was constructed; and if vou have any sketch of it, produce that.
A. There wis three farnaces, seven anda half feet long, three
and a half feet wide at the bottom, each with two feeding-holes on
the top of each; an opening at the back end of each furnace into a
main flue situate under the boiler, with a hole in front twenty-
S6 three inches square, with a plate on the top of the flue when
the fire Was not needed to shut it off; the flue was situated
Immediately under the end of the boiler; the boiler was nineteen
feet long, three and a half feet in diameter, with return fine; smoke
stack at the front of the boiler.
S7 Int. 32. llow many pounds of steam did vou make with
this fturnaee 7
8S A. We made an average of forty-tive pounds; [T mean
when Lam ranning my works regularly.
Int. 33. How much dry wood would you have required to lave
made the same amount of steam and done the same amount of work
Which vou did with wet tan in that furnace ?
A. I think it would have taken from a cord anda half to two
cords in twelve hours.
Int. 34. What was wood worth at that tannery a cord then 7
A. A dollar and « half.
f
A: OPE sag Sh ote 5 BA vote EM ie Ae aire eka i Ss "7
tases noe Neer ya ” _
SG in ferriek i scstion te gine ss oe eee ex
LEAT DEED.
a0 BLACK ET AL. V. THLORNE ET AL.
Int. 35. What was the wet tan worth that vou used in the furnace,
except for this purpose ?
A. Nothing.
[nt. 36. Wiieh would have required the most labor to feed this
furnace, with wet tan, or as an ordinary furnace, with wood 7%
A. To feed it with wood would have required the most labor ;
the’man whe attended this wet tan furnace atterded to the engine,
filled the ovens, attended to the sweat pits, and banled the hides and
attended to the hide mill; there was only one hide mill, -
Int. 37. Where did you take the wet tan from in feeding it into '
the furnace 7
A. From the leaches
Int. 38. Did vou ever tind it too wet for use in the furnace ?
A. No, sir; the wetter it was the more heat it gave.
Int. 39. Did vou ever undertake to drain it off, or dry it after you
let the water out of the leaches ?
A. We did not.
S9 Cirenit Court United States, southern district of New York.
('HARLES N. Brack, administrator,
v8.
SAMUEL THORNE, JAMES McFARLANE,
and JONATHAN THORNE, J. J
|
a Equity.
Deposition of witnesses taken ly Robert IT. Melxune, United
States Commissioner and special examiner, on the part of complain-
ants, for final hearing, under the 67th rale of the Supreme Court of
the United States, Thursday, April 15th, 1871.
JenreL W. Snow, called and sworn as a witness on the part of the
complainant, deposes and says:
Interrogatory 1. What is your name, age, residence, and occu-
pation %
Answer. Jehicl W. Snow; 61; citv of Scranton ; ontside foreman
at the Archibald manutactory in said city,
Int. 2. How long have von been engaged in that business ?
A. About one vear,
fut. 3. What was vour business before that ?
A. For several vears, tanning.
Int. 4. Whereabouts; and if in connection with any one, with
whom 7
wy) A. Azor Lathrop, of Montrose, Susquehanna county, Penn-
svi vinta, und emiploved by other parties, frome sixteen to
twenty Vears,
[rit. », Piel Vou know \loses Thompson in lis lifetime, or did vou
ever meet hime; and if so. where ?
A. | niet a tian by thysat Hitme One at Brookdale tannery, Susque-
hanna county, state of Pennsvivania; L think in the vear elelteen
land od and fittv-five, | |
BLACK ET AL. V. THORNE ET AL. 51
TInt. 6. What was your oceupation at that time 7
A. [was employed as the foreman of the Brookdale tannery of J.
W.. Brackney.
Int. 7. Was Moses Thompson doing anything there when you met
him; and if so, what ? |
A. Ile was there giving a form for building some ovens for burn-
Ing wet tan. |
Int. 8. Were you ever emploved at a tannery at Laporte, Sullivan
connty, Pennsyvivania; if so, in what capacity, and when, and tor
how long, and for whom ?
A. Yes; foreman of the tannery in eighteen handred and sixty-
five, about five weeks; Azor Lathrop sent me there; the tannery
was carnied on in the name of McFarlane & Thorne,
TInt. 9. Was there any other tannery at that place ?
A. I did not know of any other.
Int. }0. Had they a furnace in that tannery at that time: and if
so, What kind of fuel was used in it 7
A. Yes; they burned leached bark.
Int. 11. How many ovens had that furnace 7
A. I think there were four.
Int. 12. How many boilers were attached to the furnace ?
A. There were two.
Jut. 13. Of what material was the furnace built 7
A. With brick.
Int. 14. What kind of grate bars 7
A. Cast iron,
Int. 15. Had the ovens orash pit any doors ?
A. Yes.
Int. 16. What did these ovens discharge into?
91 (Objected to as leading.)
A. Into what we call a mixing chamber.
Int. 20. Did you observe the operation of the furnace at the La-
porte tannery when you was there 7
A. Yes.
Int. 21. Had you vourself any charge of it ?
92 A. Yes.
. Int. 22. In feeding the furnace, state how you started the
fire in the first instance.
A. By putting wood into the ovens until they had reached white
heat.
Int. 28. Did you put any wood into the ash pits ?
ae,
A. Yes.
Int, 24. Did vou heat them to the same heat 7
A. Yes,
Int. 25. After heating the ovens in this manner how did vou pro-
ceed to feed them 7
A. Rake out the live coals to one end, then put im bark to one
end, so on through the whole four of ovens: when that bark got to
burning, to hanl out the balance of the cour, beginning at the other
“399
av ,LACK ET AL. V. THORNE ET AL.
end of the oven, and fill it ; close up all of the doors, and let it work.
until it had burned down, so fill up again; then begin at the same
place where [I had tirst started trom, and fill all around in same
manner as often as they needed it.
Int. 26. In what condition was this bark fed in the ovens in this
manner ? |
A. Wet bark taken from the leaches, the liquor drained out of
it.
Int. 27. How long had the liquor been drained out of it before
you used it in the furnace ¢
A. Did not take more than an hour or hour and a half to drain
off, We con nmenced to wheel it out of the leaches before it was
thoroughly drained off, and put it in the furnace ; it did not exceed
two hours,
Int. 28. After commencing to burn the wet tan, the way yon
stated, in what position did you continue to keep the ash-pit doors?
A. Kept them closed as a usual thing.
Int. 29. What were these doors vou used ?
A. Made of a square piece of sheet iron.
Int. 30. Incommencing to feed as as you have described, which
end did you commence at, back or front ?
A. Back end.
Int. 31. When you commenced to feed in that manner, did you
not close the ash-pit door of the even ?
93 Int. 40. State whether or not the the charred tan fell
through the grate bars in the ash pit in this furnace, at La-
porte, When it was in operation ?
A. Yes.
Int. 41. When the furnaces were in operation, was there any fire
in the ash pit; and if so, how was it kept up ?.
A. Kept up by the falling of the bark from the grate, when it is
In opération ; ‘there is always a fire in the ash pit.
Int. 42. ILow did you usually keep the covers on the feed holes,
when the farnace was in operation—off or on ?
A. Always kept them on.
O4 Cireuit Court ‘united States, southern district New York.
Cas, N. Briack, administrator, }
nS. \T or
= rt . nh E ulfy.
SAMUEL THORNE, JAMES McFARLANE and JONATHAN | wee
‘THORNE, JR.
Deposition of witnesses, taken by Robert TH. McKune, United
States commissioner and special examiner, on the part of the com-
plainant, for tinal hearing, under the 67th Rule of the Supreme
Court of the United States.
Fripay, April 14th, 1871.
Jacosp Samira, called and sworn as a witness on the part of the
complainant, deposes and says:
oa
ee eth
. *
~~
es,
=
_
BLACK ET AL. V. THORNE EY AL.
Interrogatory 1. What is your name, age, residence, and occupa-
tion ?
Answer. Jacob Smith; age over 29; Bradford county, Pennsyl-
vania; generally run an engine in a tannery.
Int. 2. State whether or not vou were ever employed in a tannery
at Laporte, Sullivan county, Pennsylvania; and if so, in what ca-
pacity, and when, and how long, and for whom ?
A. I was emploved there working i in the yard from the 14th May
until the 19th of Jane, 1869; from that date until first few days in
August, same year, / ran the engine and attended the fires in the
furnace for Melfarlane, of the defendants’ firm of Thorne, McFar-
lane & Co.
Int. 12. When the furnace was in operation what was the temper-
ature of the ash pit, hot or cold, whenthe furnace wasin good burn-
ing operation ? ?
A. Ash pit kept hot, except the water rans into it sometimes.
Int. 13. What produces the heat in the ash pit ?
A. The tan what drops through.
©
oa |
Taurspay, May 25th, 1871.
Present—Counsel as before.
JoHN S. ACKLEY, called and sworn as a witness on the part of the
complainant, deposes and says:
Interrogatory 1. What is your name, age, residence, and occupa-
tion ?
Answer. My name is John Ackley; age forty-two years ; reside at
Albion, Oswego county, New York, and have always been a lumber-
man except the four years [ worked in a tannery—tor the last four
years,
Int. 2. In whose tannery did you work, and what was your occu-
pation there ?
A. Mr. MeFarlane’s and Thorne’s, at Sandbank, Albion, Oswego
county; for the first vear [ worked in the yard mostly, and for the
last three years Iw orked around the engine, and during the last two
years I run the engine myself during the daytime.
Int. 3. Who kept up the tire in the furnace during the daytime ?
A. I did.
96 Int. 16. How did you operate that furnace in starting the
fire?
A. I generally filled up every other one of those holes with tan
bark, and then I would split up a lot of weod fine and build a fire
in the ash pit; sometimes I would put a few sticks into the mouth
of the ovens ; when | got it well going I would fill the other holes
with bark.
Int. 17. Which of the four holes did you first fill—front or back ?
A: I would fill one back one and one front one; I would fill the
54 BLACK ET AL. V. THORNE ET AL.
front hole of the first oven and the back hole of the second, and the
front hole of the third and back hole of the fourth.
97 Int. 18. After the furnace got well heated, as you have
stated, how did you continue to feed it ?
A. In the same way.
Int. 19. Go on and state specifically the manner in which vou
would fill it.
A. I would fill one front and one back one, the same as I[ started ;
when one got burnt down I would fill it up some with bark; I
would pass right around from one to the other ; skip every other
hole, the same as I did first.
Int. 20. About how often did you repeat this process ¢
A. When we had everything to work—about once every half
hour, I should think. When we were not dying much we would
not do it so often.
Int. 21. Where was the wet tan taken from with which you fed
the furnace ?
A. I took it from the top of the ovens. It was drawn in a cart
from the leaches and dumped there on top of the ovens.
Int. 22. Did vou ever feed all the ovens of this furnace at once ¢
A. Yes, sir.
Int. 23. What effect did that have ont the fire ¢
A. It deadened the tire to fill them all at once.
Int. 24. For what purpose did you do this ?
A. We did it always when we got through grinding, to deaden
the fire, so that we wouldn’t have so much steam.
Int. 25. Did you ever try feeding all the ovens at once for any
considerable time ; say several days ?
A. No, sir; I did not.
Int. 26. What effect would such feeding, in your judgment, have
on the fire ¢ |
(Objected to as incompetent.)
A. I don’t think we could keep steam up by filling them up at
once. It would keep the fire dead all the while.
98 Int. 27. Suppose you were to continue on feeding all the
ovens of this furnace at once—what, in your judgment,
would eventually be the result of that ?
(Objected to as incompetent. )
A. My judgment would be that you wouldn’t have a very good
fire unless you burnt « great deal of wood.
Int. 28. In what position did you keep the ash-pit doors when
this furnace was in operation and you required all the steam neces-
sary fo run vour engine and grind bark ?
A. I would move them, so as to leave a space of 4 or 5 inches, so
as to get a draft.
Int. 29. State in what way you moved them—whether by setting
them out or putting them to one side.
A. I would take hold of the handle and set them to one side,
about 4 inches, I should think.
ne
—
ere
BLACK ET AL. V. THORNE ET AL. _ 6d
Int. 30. What are these ash-pit doors made of ?
A. Sheet tron, :
Int. 31. When you had the furnace in operation: grinding bark
and placed the ash-pit doors as you have stated, in what position
did you place the dampers ?
(Objected to as assuming that he did place the dampers, which
he has not stated.)
A. The damper and the smoke-stack I would place about half
open. That is all the damper I wonld disturb.
Int. 32. Did you ever, or not, when this furnace was in opera-
tion, open all the ash- pit doors, or put the doors to one side and
open all the dampers; if so, what effect did that have on the fire ?
A. Yes, sir; I have tried it. It made toomuch draft. The fire
did not burn as good as if you had them partly closed.
Int. 33. What did you do with the covers on the feed holes when
this furnace was in operation? =~
99 A. I always kejt them over the holes, principally. I had
to, to keep the fire from flying. If I did not keep them
down the fire would fly all over the tannery most.
Int. 34. Did you ever try filling any of these feed heles and
leaving the cover off, depending upon letting it feed itself ?
A. I have filled it np before now and stamped it dowh hard when
they were going todump some on the ovens. It wouldn’t last but a
little while. It would burn right upthrough. You had to watch it.
Int. 35. Was there any fire in the ash i of these ovens when
the furnace was in good burning operation ?
A. Yes, sir; there was a goo het fire in them all the while.
Int. 36. How was this fire produced, and how kept up ?
A. By charred tan falling through the grates.
Int. 37. How much of this tan did you “usually have in the ash
pits when the furnace was in operation ?
A. We usually had them two-thirds full, I guess; sometimes
‘more. We had to rake out a little of it—run a scraper ‘in and pull
out some.
Int. 88. Did you ever try running this furnace without a fire in
the ash pit, by the use of wet tan ?
A. No, sir; 1 never did.
Int. 39. Did the ash pits ever get cold from any cause; if so,
what effect did that have on the fire ?
A. If they got cold we always split up a little wood fine and
started a fire to heat them np. The fire wouldn’t burn as well
with the ash pits cold—wouldn’t burn at all, hardly.
Int. 40. Did you ever look in the flue under the boiler when this
furnace was in operation ; and if so, what appearance did this heat
exhibit there ?
A. Yes, sir; I have looked under there a great many times, and
there was generally a very hot blaze of fire under there.
Int. 41. If you had opened the damper entirely in the
56 BLACK ET AL. V. THORNE ET AL.
chimney when this furnace was in operation, in what
100 position, in your judgment, would you have to keep the ash-
pit doors ¢
(Objected to as incompetent. )
A. Well, I should think you would have to keep them closed.
Int. 42. When you stopped grinding how did you regulate the
fire in the furnace ?
(Objected to, as assuming that the witness regulated the fire after
grinding, which fact has not been stated by him.)
A. I closed all the dampers, and filled the oven up with wet tan.
Int. 43. The ash-pit doors, what did you do with them ?
A. Lalways closed them tight.
Int. 44. Did you ever take the dimensions of this furnace by
measurement ?
A. I did, sir.
Int. 45. When, and at whose request, and who was present, if
any body ?
A. About a year and a half ago, at Mr. Jacob Moore's rcquest,
and he was present at the time.
Int. 46. How many cords of dry wood would be required for 24
hours to give the same heat that was produced in this furnace by
the use of wet tan?
A. I never tried it—don’t know as I can tell ; it would take four
or five, I should think.
Int. 47. What kind of a heat does this wet tan produce, as to
density ¢
A. It makes a very steady, hot fire ; it makes a steadier fire than
wood would.
Int. 48. What is wood worth at that tannery?
A. Three foot wood is worth 18 shillings ; 4 foot wood is worth
$3.00.
101 U.S. Cireuit Court, southern district of New York, June
16, 17, 1871.
Cuaries N. Brack, administrator of estate of Moses
THompson, deceased, and Enrza W. Frrzgerap,
administratrix of estate of W. P. N. Firz@eraxp, In Eanj
deceased, =:
rs.
THorNgE, McF \rtane & Co. and others.
Betere Commissioner STILWELL.
C. N. Biack, for complainants, and Anprew J. Topp, for defend-
ants,
BENJAMIN SILLIMAN, called and sworn as a witness on the part of
the complainants, deposes and says :
Interrogatory 1. What is your age, residence, and occupation ;
eee Or eae Ow atm
BLACK BT AL. V. THORNE ET AL. aT
and have you ever been called upon to testify as a scientific witness
in patent cases; and if so, how frequently ?
Answer. Benjamin Silliman ; 54 years of age; reside in New
Haven, Connecticut ; and have been ior more than thirty years in
the practice of chemistry as a protession, and as a professor in Yale
College; I have been frequently called upon to testify as an expert
in causes requiring scientific testimony.
Int. 2. Were you acquainted with Moses Thompson in his life-
time, and have you from personal examination and experi-
102s ence, acquaintance with the construction, operation, and
mode of using Moses Thompson’s furnaces for burning wet
fuels, as described in his patents of March 31, 1857, and December
15, 1857, marked complainants’ Exhibits G and H, and shown by
the models Exhibits E and F, or either of them, and if so, state the
saine, and give your reasons for any conclusions you may deduce
therefrom ?
A. I was personally acquainted with Moses Thompson; I made
his acqnaintance iu 1857, when he called upon me to consult with
me professionally, and to explain to me the principles and mode of
action of his turnaces for burning wet fuel; after hearing his state-
ments, and perceiving, as I conceived, the importance of his inven-
tion, I determined to investigate the construction and operation of
his furnace more maturely; for this purpose I sent my manager
and assayer. Mr. Ludwig Stadtmuller, in company with Mr.
Thompson, into the state of New York, to examine certain of
Thompson's furnaces, which were then, and I believe still are in
action, consuming wet. tan at or near the town of Deposit; Mr.
Stadtmuller’s report to me of the operation of these furnaces fully
confirmed what Mr. Thompson had previously stated to me, and I
therefore contracted with him on behalf of the company which I
represented to erect at the Bristol Copper Mines, in Harttord
county, in Connecticut, which [ was then conducting, as president
of the company, a furnace on his general plan, but to be specially
adapted to the consumption or burning of wet peat, of which there
was au ainple supply upon the property in question; the building
of this furnace was an experiment, as up to that time Thompson
had never constructed one of his furnaces for the burning of this
specific kind of fuel, and he himself expressed to me some doubt of
its entire success in the first trial, both because he was uncertain as
to the proper size to be given to the openings between the grate
bars, and also because the peat, in the condition in which we pro-
posed to use it, carried about three-fourths of its weight of
103s water, even after some days’ exposure tothe air. 1 naturally
watched the construction of this furnace with care, and after it
was brought into action stujlied its performances with attention.
The turnace worked well, better than 1 expected, in view of the un-
favorable conditions just named. It required, as well I now remem-
ber, about one cord of wood to three cords of wet peat in 24 hours,
and its practical effect was judged by those who watched its perform-
8
D8 ‘BLACK ET AL, V. THORNE ET AL.
°
ances to be equal to that which was obtained previously by the
use of four cords of wood, consumed under the same boilers. I
should say that the sole use which we had for this furnace was
for the purpose of raising steam. The cost of the peat was the value
of the services of one man and of a horse and cart during the ten
honrs of the day, ata time when wood was costing us five or six
dollars a cord, and anthracite coal laid down at the mines cost us
about eight dollars per ton. Had the changes in tne width of the
grate bars (which experience proved to have been set too close for
the easy delivery of this bulky kind of fuel into the ash pit or in-
cineration chamber), contemplated by Mr. Thompson, been carried
out, [have but little doubt that we should have been able to con-
sume the peat without the addition of any wood, especially if it had
been alowed a few weeks to dry, so that it should have contained
not more than 50 per cent. of water.
[ have since that time had opportunity to acqitaint myself with
the action of Thompson’s furnaces, as [ have seen them in action at
the tannery of J. B. Weed & Co., where Thompson in 1854, if I
am correct’y informed, built his first furnace for burning wet tan,
at Binghamton, in the state of New York. I will, therefore, in
more explicit auswer to the interrogatory, proceed to explain my
views of its action. Thompson says, in his patent of March 31,
1857, ‘¢ the main object of my invention is to effect the more economl-
cal use for fuel of tan bark, begasse, or other trashy matter in a ‘wet
state, or very green or wet wood.’’ He then proceeds to de-
104 scribe the general arrangement of a turnace snited to the pur-
poses of lis invention, not claiming any specific mechanical
detail of construction in the series of tire chambers, communicating
with a common flue, which he distinguishes as a ‘‘mixing cham-
ber,” irrespective of the purpose for which he uses the same and
the manner in which he employs the arrangement which he de-
scribes, but he distinctly contemplates in both his patents of 1857
and in his caveat of August 17, 1853, the following as the essential
conditions for the successful burning of wet fuel, however the same
may be constructed, to wit:
lirst.—-A series of chambers or spaces into which the wet fuel
destined for combustion is to be charged alternately through open-
Ings provided for that purpose in the top of the arch or vault of
masonry surmountins the chambers, and placed side in a series of
two or more, as conve jence may dictate, aud separated from each
other in such a manner that each vault or chamber shall be inde-
pendent of the others, and provided on to
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