The New York Herald Newspaper, November 6, 1851, Page 3

ik iseererh.” @ An. of Elec. 446: trie ae more had occurred than these cases, it would be a little surprising that any one a ed with the subjected, should, in 1832, near thirty. aiheteer wisi stint) ald wet e ty co Use: ms tolographie icity could no! communications. But having been discovered in 1790, it is not ot: after the riments with it for shor soreness 5: in ye Soomering at Munich, in 1807, Ne aninte erect a galvanic tele- graph, and make the voltaic Coe decompose water, show, as signals, air bubbles, over the proper let and conduct a wire toa trough, in w! ‘were five gold pins, with letters or numbers each, and 0 arranged as to complete a commu- nication of information, (3 An. of Eleo. 448 ; Vail’s His. 122; Hibbard Ev 31. a. Gould 6¥ a.) Common electricit, nad been found too intense and erratic, and difficalt to be confined, whereas, that generated by ga! ’anism had proved more quict and manageable, anc ‘ot costly. En therefor: did not stop hero, but under that, were much mul: plied and advanced, long be- fore the year 1832. Jn Ocrsted, 1:0 Danish [pecan com- menced his experime'\\s on the subject, and by 1819" or 1820 discovered th:: a magnetic needle at a dis- might be defiested by a galvanic current, ion, and he ia generally con- sidered the discovere* of the magnetic properties of electro currents. (L"\'0, Hibbard Ev.b) a Daniels Chem. 561-2; 3 How ‘«on Inductive Science, 309.) In the interim of 181+, Doctor John Redmond Cox, of Philadelphia, dese~:‘ed the use of galvanism as a telegraph by decow) sing water. (Vail’s Hist. 129, Thompeon of Ph. 162.) How its de- composition and th. «ir bubbles enable the ma- chineie act is fully »xplained by Channing, Ev. a. In tho game year R» .alds constructed a telegraph at Hammersmith, xi) operated for eight patient the dise 6f «\.cks for his signals at bo! ends, keeping exact ti:.e, end one, when touche: indicating the same #t ‘he other end. But it work very slow, the interv.., oetween each was 60 groat. Ce He . 449) Hi in 1820,Arago, Ampre, and Sir Humphrey Davy, all experimented av! disvoverod as trustee ae stead had; and Am;«e ox Harm deronge that the deflective needle wer is opinion, be used for telegraphing by the mignetic fluid. (Vail’s Hist. 133—4: Prof. lenry vid., 85, a record: Doct. Chaning’s Ev., 17, a record: Hillard Ev., in connoction with eloctri- tions by telegraphs, thus ised, to some extent, twelve proposed to commence any ‘The use of magnet sity to make commu became known and 7 before Mr. M Mprovements on the -ubject. __ This last period was « new era in the science and in the mode of opersting by deflecting the needle or lever ey rienetis n. The preceding era, from 1790 to 1820, had been distinguished by decompos- ing’ ringing a bell, exploding a pistol, and orher t changes ad improvements, introduced by galvanism, in a mo ‘ner superior to common frie- tional electricity. Ali nefore that had bean the cir- suit by wires, and the the spark and other ise, So far as practicable, of through ordinary elec il. a) vignals, connected with it, rie power. (Channing, Ev., it is not a little remarkable, Iooking to both Morse and House as inventors, that Amperes’ plan was to have as many wires as lotters, and press down a key on each as wanted. (Do. 36 Lon. Jour. 131.)" And thet the same year Cavallo pro- posed the communica‘ion to be made by a spark as asignal. (3 An. of lvoe. 446 ) ‘The public mind, ante the scientific and ma- chiniats, had got 80 excited on the topic four years previous to 1832, the period of the voyage in the Sully, that numerous attempts were made in 1823, to carry out into more practical use, and to perfect what had been before indicated so often and so dis- tinctly, as to the use of electricity and electro nagnetism for the purpose of telegraphing. Jacob “ireen wrote on it. Travoilot proposed to act by a wire from Paris to Brussels, and Sturgeon actually constructed at Woolwich an apparatus with a horse shoe magnet, and the end of a wire coiled round it, communicating with the opposite pools of a ga vanic machine, and thus supporting a weight dar of nine pounds. (19 Silliman’s Jour. 330. »Prof. Henry, M4, r.) itis believed that Prof. Henry had discovered and described as carly as this, andshown at Al- ‘oeny, in 1529, how to increase the power at little expense. (do 400. Prof. Heury’s Ev. 56,v.) And Veckner suggested that galvanism could thus be applied to telegraph from Leipsio to Dresden. (Vail’s Hist 185) But the most saruriting discovery on this sub- bout this period, was by Harrison Grey Dy- nother enterprising Americ: In 1927, or ‘23, he is proved, by Cornwell, (64 a r.,) to have structed a telegraph at Long Island, at th course, by wires on poles, a: tors. Doct Bell (War) having seen some of his wires, and unde operat, be by a spark sent from one ovher, W gome chemical a. Obiitor. Ev. 1828) ~ Dyer’s own deposition, taken since this causo was argued, ard to be subststuted for a k to Doct. Rell, which was then obj laintif and ruled out, now ver etter, and gocs into eeveral deta’ t tion ef hia invention, when abandoned in 150 tears of prosecution by some of his agen‘s He used common electricity hot el netism, and but one wire, spark which, efter going through pap prepared so as to leavea red 4 the ground, without a retura cir rence of time between the sparks was trary alphabet, to signify diferent let Twas to rpg oe by the ane wh Operated, thou machinery was = tobe Intfoduced for b e of analphabet by spac evinced remarkable ing degree from either M much nearer in principle to the foru it seems that in 18%), Booth, ia Dubl fully how electro magnotiem could bo t raph distance, and cause marks to be ma: the fall o; the armature from the horse shoe net when the circuit was broken. — 180r ) But Barlow had failed of success in J power; nod following out tae new se the power of the magnet by closer coila of wire and otherwise, and when the f greater power to operate further and quicker, anc at less expense, eeemed the chief deside u in 1530, suecoeded in making a magnet sustaia seventy-five pounds, and soon hundred ard Rd unds; and Prof. Ileary, sumpleted one that could sustain a ton ~(I1 8 2) Prof. Sill. 201) During this | also, Farraday had matured fully the magnet, and caused, under Saxton, ata strong circular motion, and brought magn. tricity almost to maturity. While at] these clearly preceded what took ace in the Sully, and remove very much all novelty in some of the ideas then suggseted, yet it is certain that there yet remained to be constructed, on these or other priaciples, some practical machine for prac- tical popular and commerciai use, which would communicate to @ distance by electro magnetisw, and record quickly and cheaply waat was :hus com municated From that time forward. Morse is entitled to the high credit of making attempts to do this, however imperfectly informed he may then have beea of at had already been accomplished towards it; ind be has the still higher credit, among the expe- rim from that time to IS!7, of having then suces in perfecting, what he describes at that time, in his caveat and specification. Laboring on the same subject, and before Isis, Sturgeon in 1832 had formed a rotary “electro magnetic ma- chine, which gave motion to working models of hi ump water, saw wood, and batt of zine and olectro- jets with attraction leet. 453; 1 do. 75) Dg, same it or the next, constructed an electric telegraph, at St. Po- }, which had thirty-six magnetic neediee, and #, andimade signals by the detlec- , Which indicated letters by num- ber Hist. 155; Hibbard’s Ke. 31) Chan- ning Be i) In 1883, Doctor Ssulther, at % caused a pendulam motion between two horse shoo magnets. (3 Am. of Elec. 44%), and Ritehie, with various others, showed how incroased could be cheaply created and used a dis- Barrott’s Evi. 214) And Professor Henry ek pier nts for this t, with success, ani that the fall of the weight or armature ring bells, &o. (19 Sill Jour. 329; 3 An. of lee. 490) Gaus & V magnetic telegraph carey Pry in above grown and ating signs for letters. ¢ V: 4 An. Elec. 419; Hibbard’s Ev. 31 a) their wires ere still standing. (Gould's [i p70.) And in [884 Jacobi made one similar in some re- y (1 An. Elec. 410; 3 An Elec. 434) And made another; and in 1836, katychausen carried another over the streets of Vienna. (Vail’s Hist., 1659) All which remained to complete what was ‘iesirable in a tra. sing or writing ar h at a distance, was to make jote or marks—inte’ gible or significant of letters and words—s0 as to bo read or translated with onse, and to perform the operation with useful spoed ‘To moke dota color them by the paper being obemical had already been discovered, but not an alphabet in connection, unless by Dyer, in 1323; (3 of Elec., 150;) nor a movement of the paper as to make the dots and marks him wil d. TI ers might first com. patents for the invention, and hance and, iq 1397, plete ando' groceedod more actively with bis; filed his caveat, in the month of October. (Gale's Ey., 123) Inthe same year, whether ear! later is not known, Alexander formed an electric telegraph by which, ‘7 somewhat like Howe's, be’ communicate and spelt out at a dis- tance, the word Victoria. (Vail’s His., 185) See evidence that this was done earlier, using a ke board, and letters on each key, like Hoa’, (Ev dence 83 a.) Davenport, too, in Vermont, an- nounced another, and obtained « patent in 1838. @ An, of Elec., 535.) And M. Cook, Wheatstone, and some using the needle, deflected ; some making dots and lines; and some using the ground and water fora part of the circuit. (See #ame articles in Vail and the Annals before cited.) Cook and Wheatstone took out a patent for theirs in June, 1837, making the deflection of the needle point to letters on a board. (Hibbard Ev., 31.) Steinheil, that year, had at the Royal Odserva- tory, an electro magnetic telegraph, half a mile lorg, on poles, (V 179.) is made dots and short marks on Paper, and preceded Morso’s caveat scoceding to Dr. Channing's evidence, 43, a, rec., and Hibbard, Ev. 27. a., 31—2, (being before July 19, 1837) Gould, Ev. from / 9,8 a. Ie used the groundas a part of the circuit which had been before discovered, but which Morse does not appear to describe or claim, till his first renewal in 1848. (Dr. Channing, Ev. 54, a.) Nor did Morse use poles, or posts at first, in 1844, when constructing a telegr: between Baltimore and Washington. (Avery 125, rec.) Thor they were used by Steinhill before 1839, and Dyer, even in 1825,—Cornell, Ev. 64, a,—Channing, Ev. 49, a.; and were suggested to Morse early as 1830 by Prof. Hi , 89, r,—yet Morse thinks he himself invented them. (50 r.) After all this, there still was wanting @ more perfect succession of marks to be madeor recorded, which were letters themselves, or signs of letters, intelligible by an alphabet and power obtained and applied so to do it quick ene for purposes of business,—(Chil- ton, Liv. 286; Gale’s Ev. 124; Renwick’s Ey. 234-5 ) This deficiency was at length supplied. Among about sixty-two competitors to the dis covery of the electri g,seegaanh by 1333, (23 com yee in Channing’s Ev., 41, a,) Morse alone, in 337, seems tohave reached the most perfect reault le for public and practical use. (R. 6, a Ev., 128-9,r) This may not have been accomplished so wholly by the invention of much that was entirely new as by “improvements,” to use the language of his patent, on what had al- ready been dono on the same subject—improve- ments, 5 pt useful and valuable. By the needle or lever instead, not only deflected by tho magnet, but provided with a pen to write, or, in other words, a pin at the end to make a dot or stroke, when thus deflected as the circuit was held longer closed or broken, with machinery to keep the paper moving in the meantime, and so as to inscribe the dots and lines separately, and more especially with an alphabet, invented and ma- tured, assigning letters and figures to these dots and lines according to their number and com- bination, he accomplished the great desideratum. Qi Remick Ev., 25.) Thus the fortunate idea was at last fermed and announced, which enabled the deed machine to move and spoak intelligibly at any distance, with lightning speed. Jt will be seen that amidat ali these efforts at tele- graphic communication by electricity and clectro- magnetism, more or less successful from 1745 to 1835, none had attained fully to what Morse ac- complished. , Some had succeeded in sending information by signals, even beyond the decom ion of water and the decli of the needle. They had mado persons at a distance recognise the sign used, and thus obtain intelligence. They had also made marks ata distance. But in no way doos it appear that they had sent information at a distance, and at the same moment, by the same machine, traced down and recorded it permanently, and inteligibly, and quickly. This triumph was reserved to Morae’s inilexi- ble perseverance in experiments and close observa- tion; and chiefly after arming the end of the needle or lever with a pin, by use of aroller, with appropriate machixery to move his paper, so as to trace succes- sive dots and marks, and by a stenographic alpha- bet to explain the marks made on the paper, and by more power through his combined cirenita, to effect all at a greater distance, and with greater dispatch. (Gales’ Ev. 123 1.) Afterwards, . the improvo- ments in batteries made by Daniel and Groves, in 1843, be was enabled without these local circuits, to increase the power of the electre-magnet so as to ac- complish this at any distance, and with a speed and economy which rendered ¢! vention a) plicable to eneral use. (Jackson's Ey., 166.) Before 1313, tarse’s battery was used, and was too feeble (Jack- son’s Ev, 164 v.. Chaning’s 45 v.), and before that Cruiksbauk’s. The want of this increased power had rendered former attempts at times abortive for nig og purposes; andits being recently sxpplied y the science cf and Henry —tended moro speedily by Daniel and (rrove’s batteey, founded 01 to remove the greatest ob: @ to succeray Manual, p. 125; Silliman 95 v.; Jack- ) era had befo has been noticed a! istance by the dele nd attached sper nd about the same time as » made marks on paper at jon of the die, and by i > them, and idence is iP strorg that Morse’s, if not the very ts, Was the most perfect and a al use, the i ovement: atteries came very opportunately to for distant operations, b what circuits bad done. ( except some new ty mechanical, but sed to promote the des vee By them and his new combinations he was going a step furtherthan any of his prede tieal uso had accomplished, and ¢ protection and the fame he has ac! and his assignees can the: ticulars known long or which he neither claimed, nor decribed, nor invented. As before explained, he must not be considered to have ect, but not par- claimed the i jon of the general prinsiple or art of telegraph by electro magnetism, nor could he, as already wn, have protected it iffe had. t all he clearly claimed was ‘a method” of do- ing it—‘‘an improvement” in doing it—and those he bas aright to protect, and these onl They were tho pin to mark or trace in the end of bis lever or needle, a happy thought, but the movement of the paper on a roller was almost as necessary to re- ceive marks in ruccession~and his alphabet to be thus applied and used was the crowning art of his invention phick ev. 245 p.) Much more might be offered as to the details of Morse’s machineiy, and as to those Inventions ex isting before and + ~ and how far the latterh been imitative or independent. But it is not nec sary to explain or discuss them, forthe purpose of sottiing the prerent ca, It is certain, that in he had so far completed ce it in his caveat, and rother, in a public pa- er; and in Silliman’s Journal. And that though a specification followed in ‘38, and a patent in "40, without putting it in operation for or ee purpores, yet by the aid of Congress in S14, it was successfully used from Baltimore to ecame perfected and turned t is to be protected to its lems extent against every real violation. Jowever ingenious then have been some of the attacks on the originality of Morse’s invention, and however cogent may be some of the objections to ite yoo on other grounds urged in argument by the defendants, | do not find it necessary, as before remarked, to give an opinion on them in this case Because considering Morse’s patent as good, if limited to the extent claimed in his specifications, as we have construed it on this occasion, and as we feel bound to construe it on the !aw of the case and the evidence before us, and considering it as origi- nal to the extent we have already explained—t*o situation of the Hcuse machine, as used by the de fendants, is such a3 to render so further examina tion useful concerning the two first points The character of House's machine, and mor pecially as compared with Morse’s, dovs not to a very wide extent to have been fully e: and understood. Having ascertained with some care what must be considered the real claim of Morse in his patent, much of it is new, we are prepared better @ chief and final inqury, what the: oN, in the machine use: by the defendants, and alleged in their answer ave beea inven by House, which violates w! novel in Morse’s. Firstly— What is meant in law by a violation or infringement of a patent ! . It would amount to an infringement of such an invention as Morse's or the patent for it, to adopt his mode of acting, operating, Ke., or nearly to 4 it by substitutin, | mechanisal equiva, nt part of it, or altering only the form and pro 80 as not materially to affect results, or making an; Dge merely evasive, cclorable, and not “substantial” or * oo le” in its charac ter. Gupe Pratt, Webster's Cases, 146-9; Neil- son's case, 1 Mason, 470; 1 Gallia, 478 ). But one machine or manufacture is not a violation of ir ancther, within the purview of th fie oahy by yp eey the came. Te need oot bo entical, but it must be similar i: mote of operatinn sawp lar in the principle or en its results differ favorably and consid bly, it is considered that thore muse be an improve: ment involved in it over and beyond the other ; or this could not happen. So, when its mode of ope- | ration is unlike the other in material respects, t author cf itis not culpable, and is of course n guilty of any mechanical piracy. ‘The same latitude for further inventions and pyovemente is open to others as were open to orse himself. He was allowed to provement on his predecessors: tually allowed to meke any impro ‘Lo be sure, if his ii machine or fi be could use or patent only not t had been previously pat toining first 9 license or purchase fro | Opening the cireuit--the pen and le’ So of others in gelation fo kim. it tis machine did not aeeamh mosey Se an lepeorement on others, but to more: did constitute a new and useful combination, he had a right to use it without license from others—(36 Lond. Jour. of Arts, 130 Eden et. al. vs. De Coata,et. al) So as to others, in r t to their Jupperepente after his. But is the new combination when the patent is for that, and not violated when only of it are used by others and not all of them, which are ma- terial.” (Prouty’s case, 16 Peters.) Gerstianising these two machines together, the defendants i: that House’s operates on a prin- ciple radically different from Morse’s; that its re- sults are gi ft 3 that it resembles Morse’s in which did not exist before Morse’s invention, and which was not produced be- fore by others rather than by him. In answer to this, it is true that the general ob- ject of the two is the same, and so is it with all rival ingentions. But this, of course, does not ne- ccssarily make all now inventions or patenta fora like object an encroachment on all previous ones. Such a doctrine would discourage progress, rather than encourage useful arts, as the constitution wishes to be done, by granting patents. It would, after one invention as to the same subject, oreame principle or art, halt and bar all further advances on the game subject. It would petrify everything as it stood—to the great loss of mankind, and in derogation of both private and public rights to advance human im- provements and human power. It would, also, render the first improver a monopolist, and ex- clude the exereise or reward of further genius, science, and labor in the same line, however useful, and however much needed, beyond what has already been accomplished. But limit thedectrine, as we have done already, to the particular Le sabato made—and the pa- tentee of it is allowed to protect that improvement, as he ought to be—if being his own invention—his own property and the fruit of hisown exertion, though, of course, it does not protect, and should not a monopoly of what else may have beon invent ed by others before, or may ‘be invented by them wards, on the same subject. The chief care must be—while allowing others their rights, to shield his, and not let othors claim or use his method or improvement colorably or fraudulently— but only use what is substantially different. (Eleot. Tel. Comp., vs. Little, et al, 34 Lond. Jour. of Arts, 130 Analyzing and comparing these inventions to- gether in partioulars, it will be diffiult to designate ything in House’s, which, in point of law or fact, amounts to a violation of the other—under the principles of well settled law, applicable to the sub- ject which we have laid down. It is certain on examination of the two machines, that they appear to the eye entirely unlike, oxoept in some particulara as to wires, magnets, and bat- teries, which wero in existence and use before be ot invention, or have been since improved by others. It is certain, too, that Morse’s is less complicated, and easier intelligible, while House’s is very diffi- cult to be comprehended in its operations in detail, and works with the adaition of two more powers, one, air, and the other called axial magnetism. Indeed, the difference is, in these respects so strongly marked to the eye and to the mind, that while Morse’s can readily be understood by most mechanics and men of science, it requires days, if not weeks with some, thoroughly to comprehend all the parts and movements of House's. Ard House's, without any patent, has been suf- ficiently protected thus far from piracy by the ap- parent inability of others to imitate it with success. itis manifest, still further, that while Morse’s operates rapidly and records in a species of hicro- glyphics or stenography, which has to be translated into English, House’s moves much faster, and at the astonishing rate of sixty or seventy strokes or breaks in a second, and at once recoras the informa- tion by its own machinery in Roman letters. It literally gives “letters to be ike as well as “lightning to letters.” In shert, the system of Morse, in one respect, viz :—in its tracing or wri- ting, is essentially different as to its mode of record- ing from that of House’s, and depends on machinery and devices original in Morse; whereas, House does not copy this, either in form or substance, but re- cords in a different manner, and by new machinery, and by aid of one new power in axial magnetism, and of another old, but different power in air, a] | pliedinanew way. And it does this in letters, not sige 2, and with wonderful speed and accuracy. ‘This was a thing attempted before Morse or House and toa certain extent realized, though not then, by the same powers, northen perfect so as to uscful. (See Alexander's and others before des- cribed.) Tobe more minute, as before indicated, tke chief er or characteriatic of Morse’s is that by its type-rule or knob-pring at the starting | place, it is able te make dots and lines, by break- irg the circuit, for a shorter or longer time, and then being felt along the wires to ¢ other end, trace there on paper, passing over or under tho teedle or pin, at the end of the lever, like dots or lines, which remain on it permanently written, to be afterwards by the stenographic alphabet trans- | latedinto Roman letters and words. | This does not appear ever to have been accom- plished before, 20 45 to be turned to practical a (ount—though developed in part and approximate as before described—(See Steinh and others.) Rut Houw’s makes no such tracing at either endof the circuit. It acts at both ends by moans of rele, ard traces nothing—and at the closing ex by the power of air, operating on the type wheel, it | literally prints the letter sigualized on the rim of the wheel. Such eignals were k: fore Morse’s patent—and they are ke: and printed by Housein a manner exoecding genious, rapid and interesting. Without going into fuller details in explanation of the principle in House's machine—operating so | unlike Morse’s—(for which see Borden's Lv., 5, at length)—it may suffice to add, that the machine of the former, at the startirg point, docs not trace any marks or dets and lines, but has signal letters | stamped on twenty four keys, like those of a piano. ‘The operater touches one of these 80 as to hold the cirenit closed till, by means of the machinery, the same signal letter is preeented at the other end of | tho rim of the type wheel, where twenty four letters | are separately attached. ‘There the fgnal letter is not then traced on tho paper like Morse’s, by the movement and tracing which have taken plage at | the other end—but this real letter on the type wheel | } eill is itself printed on the paper—and others in rapid succession follow till the words and sentences appear, as the paper roils onward, printed in perfect form. | It will therefore be manifest that one machine— Morse’s—traces at the distant end what is traced at the other; while Ilouse’s does not trace at cither | end, but makes a signal of 1 letter at the distant | end which has been made at the other, and thus by | bew machinery, and a new power of air aad axial mognetirm, nabled to print the single letter at | the last end; and this with a rapidity marvellous, | end at the same time novel and practicable for com mercial use. In short, one is a tracing or writing | telegreph,—the cther a signal and printing tele- | graph. ‘This distinction between writing and | printing may not be very material for some pur- poses When @ name or assent is wanting on paper, os under the Statute of Frauds, or in voting. (4 | Pick 313, and Hale vs. Hale,4 Wood and Min) | Yetthe art of writing isa different one from the | art of printing ;—the latter being a modern inven- | tion, and the former a very ancient one,—and every | cre knows that the process to form each re } principles wholly different. (Creseman’s Ev., r.; Boynton E Again, it must be con- ceded ‘that Howe uses a moving power, such as the other does, for some purposes, when employing electro magnetism between two stations. Hut this bad long been employed by others for a like purpose before Morse or House used it; and hence the con- | duet of the latter in this respectis no infringement on any thing origixol and duly patented bythe former. | There are other material differences. The rest of the machinery in one tha: is in More's, iscimple, ardin sore respects new; while the rest in the | other, that is in House's is complicated, is aide | by new forces and causes new results, though found- | cd on a theory of signalizing, older than either of there invertions. In the next place, an objection urged against | Hous that if not like Morse’s in moet matgrial respects, it is in all of them a mere equivalent. By equivalents in machinery is urualiy mea: sub- stitution of merely one mechanical power for an- other, or one obvious and customary mode for an- cther of effecting a like result. That these two machines are not equi see nifest from & fact, admitted in th ment, and testified to by | ove, (146, ree ,) 3 for the plaintiff, that though by some changes House’s could do all which Morse’s does, yet Morse’s could rot be made to do all which Houee’s does >) "s Ev, 60, a.) Iso, into details, it nifest, that Morte’s and House's, which eonsist of nothing reeembling equivalent such as the different results produced by each on the recording paper, and th s by a different mode of operation, and by the assistance of two different powers. Another difference which prevents the two from being equivalents, is not only the want in Morre’s of much that is in House’s, but rice versa Berides what the latter omits, before enumerated, be throws away entirely the * U” magnet, as well 82 other parts of Morse's as a combination. (Ren- wick Ev., 240; Chilton Ev., 286 ) Among other material things, not used by Ilouse, which sed by Morse, ard show the machines neither identical nor equivalent, are » local ctrcwit— one ef the two galvanic batteries and one of the circuits of conductors— mode of closing = (hyrpe, 200-1; Renwick Ey., 216. leyno! SWey wtSto 271.) ] Agais, most if not ail which House uses, that is ) in i known before Morse's patent ee others below: Hibbard | lens, whigh Morse invented or oat protect. | teste | making cloth, &c. &e. se See what wasthus known. (Hibbards Ev., 27a. Henry Ev., 126%. See the use of different parts, not new in Morse, Ch. B. Morse, 83 to 5 en x 93, 156, 223: Hare, 96: Jackson, 158: B; 197: Barret; 22: [euwiok, 252: Borden,3 to a: Chan; a. yon them, we have already seen wore the wires the circuit—the galvanic battory—the use of the posts and the ground for a oft] —the breaks in it by various devices, as by lifti the wire out, ora blow—the making of signals and marks—the and the werk, and the needle defle if not the lever. (See history be- fore given, Kibbard Ev. 27 a. Channing Ev; Henry's Ev. 213; Barrett 214, 202) There had been, too, in use in other business, numerous ar- rangement ard machines for self-recording, such as asemeters for measuring Hie 500 used, registers of tides and the quantity of rain fi » or work of certain kinds winds, dis- parhemes, direction o! tances travelled by men oroarriages, &e. &c. (Bor- don Ev. 7 a.) Some of these resembled much Moree’s system of marks on paper. (Channing's Ev. 40 a) And to imitate those by like means would be permissible, though not by now means or machinery obtained from Morse. alt would likewise be difficult to consider House’s ag ideniseal or iqetralend, with Morse’s, when i uses beither 0! o Dew distinguishing parts Morse’s, viz.; the pin in the lever or needs to trace or record characters, nor the steneographic al pha- bet to make them spealttgiite: (Hibbard Ev. 25 a). House algo uges some things, which seem new and peculiar to his machine, and prevent it from boing @ mere equivalent. (Barret, Ev., 204-5: Ren- wick, 244; Hibbard, Ev., 26 The suppored new discovery and use by House of axial magnetism, cpenetln perpendicularly within acylinder, covered by coils of wire, and helping to produce the astonishing number of 51 to 84 vibra- tions in a second, is claimed to be important aag to aid materially in the operations of his machine. bes nolds, Ey., 274.) How that may be, must be ‘ided by experts, where necessary,as also the impor- tance of the airand air bal asia which he employs. It is true that air ia as old as creation, and its use, a8 a moving power, almost val with navigation; but the employment of this all-perva “ing and nearly spiritual element in tel phic machinery, to move by its vacuums, with superhuman strength and ed, and contribute to aay rather than speak ideas, may be now and ori, a But it does not Pencil, on this occasson, to go into details concerning either of them—considering howthe machines stand on other grounds, and their external appearance in connection with it. Indeed, we are compelled by the history of this subject, and the most decisive weight of evidedco> on the stand, to believe, what is certainly not in accordance with our own previous general im- pressions, that mush we supposed now in con- nestion with both of these machines, is not new, nor to be protected against use by others. For instance: ‘Tho use of electro-magnetism generally for com- municating intelligonoe at a distance, and there re- cording it, is,as heretofore shown, not new to either Moree or House. The idea had, as already ex- plained, been long conceived prior te the experi- ments of either. But the want of a sufficient power to operate ata great distance, till after the dis- covery of galvsnism and the horse-shoe magnet, prevented its complete success for practical objects, leaving it rather, as then called, a ‘* philosophical toy,” in most places. After this discovery aad im- ovement, the want of mechanism to repeat tho reaks rapidly enough for general use, and mark down the results, presented difficulties. To be sure, the marking down a dot at the distant end, made at the starting place, was known by the deflection of a needle and other devices, such as the spark, though not with the ye and the kind of machinery throughout used a Morse, or with the stenographic alphabet invente be Raves So the signal of a letter at one end plainly understood at the other, was known before Houso’s invention, but never made to work with the speed of his, and to print that letter, as well as know it, at the distant place where it was signalized. The lever, of which 80 much is eaid, seems only the old needle depressed at one end by the magnet, and, of course, elevated at the other till the circuit is broken; and by putting a pin or a pen in the last end, a dot or stroke is made on the paper rolling above or below, and the stenographic signs are then recorded. One other view to illustrate, whe- ther House has or has not encroached on what Morse invent: and wo shall be done with this mode of investigating this branch of the subject. From the examination made, it appears that the novelties in Morse’s patents are—first, local cir- cuits—and for these his last patent seoms chiefly to have been taken out—secondly, recor or writ- ing at a distanee by elect: magastism—and thirdly, doing it by a reg bet on rolling paper. Now, asto tie local circuits, they are pot used stall by House. As to the tracing or writing at a dis' way and by the aid of electro magnetism alone, it is not the mode in which Houre’s machine operates. n the contrary, it records by a distinct art, the art of priating, and by means of two ad- ditional powers in axial magnetism and in air, id ent machinery. To be sure, he power of electro magnetism, but tance in any as to astenographic alphabet, asinvented by Morse “itis manifest that it is not em- ed by House at either end of his line, but the nt oman letters, unchanged and unmodified apy respect whatever. It ceems thus demonstrable, that all which Morse ro kaa entitled to protect as new, is untouched by doves tenographic alpha- | | than they discovered the monster of the ¢ If we proceed next to the opinion of experts, | whether Houze infringes on Morse, or, in other words, whether the principle of the two machines be unlike or not, there seems to be a remarkable Prependerance in favor of House's machine. Mr. Moise himself isthe other way a gentioman—not educated specially to any branch of science, but having the general information of a man lib taught, and a highly ingenious mind (Prof. Silli- man’s E according to idence, (48, r,) and beside him regardirg House as infringing, isonly Mr. F assistant in working one of his machin baker and grocer till 1845. (Fors’ ere all against House's machine them feem to be experts, such ually are re- lied on to give tcientific — ns ratber than mere facts. On the other hand, and that the principles of the two machines are clearly unlike, are numerous experts, including some of the moet experienced ard talented men in this line of science in the coun- Ete ard scme of them also very practical men. ‘They ail, twelve cr fourteen in number, i the conclusion, that the principle of the two wholly different. See Borden, lv. 8 a , record 2 Harve) 7 Ev. Phillips Ev Eddy Ev Chil ton, 296. Channing, 44a; Hibbard a; Byrne, 199, Avery, 19; Barrett, 204; (ould, Sa; Reynold Renwiek, 240; Jackson, 16° unlike: Borden’ Some corsider the two isto printing press.” several of them express a decided opinion that Howse’s is super ink as a work of science nism, (Chilton’s Ev. 4, 230; Barrett's FE 2, ation; its speed in action is nd it is not eo liable to mistakes in tranemi' corstruing and by cb . Man i ions which have been uj changes from former mode: in their material di better results, such as the cil, the hot blaet rather th: uted in making sugar, bot ‘Mason 1; 1 Woed. and Min.. Devobvs Brown; 3 Wash 197; 1 Peters C. C 394) The meaning attacbed te the word “ principle” may lead to & part of the difference expressed by Mevtrs. Moree and Fors. (Webs. Pat., 43, nove and 342v. g) But the larger number concarring in adifferent view—ard the definition which the law, as heretofore explained, requires us te pleceon the favored pringiple, in the — em, leave po doubt that, setting aside the use of wires, batte- ries and clectro magnets—which neither Morse nor Hous: invented—their machines or roet on principles, in come respecte, tetelly and clearly unlike Again, regarding Motte's as a new combination of old parts, cr improvements with one new part, invented by him, which is perba truth, it ie them manifest that if t pt the now part, or all the diff the new combination, !t !s not an_infrit (Curtis on Pa, 98; Barret ve. lial, 1 M in order to violate a new combinati ris of it murt be used, or that isnot the patentee claimed as neceseary to constitute bis new improvement. Ags before shown, on the eviderce, it cannot be pretended that House uses at all many things material in Morse’s, such ag the “U. magnet,” ‘‘the clockwork,” the lever, the , OF pen, or type rule, or local cir- cuits. The laet machine, there, in such @ case, being in parte, in principle, and combination so unlike the first, except the general use of electro magne- tiem, invented by neither, cannot be regarded as an nearest the | infringement on the first, but its author has the same right to invent and employ it as the author of the firet bad to invent that. The public, too, as well as men of genius, have the same right to make ard employ still further improvements in tele- grapbirg by electro magnetiem and in recording the results, as Morse had in 1832, or 1838, or 1840. All, however, must take care not to = thing which Moree bi: ted, but only like im bod the fruits perseverance and puity hile they do not go beyond this, as the dofen- dante ander Heyse do not appear to gave done in and neither of | | the shi a) He was a painter by profession, | | | and in a short time succeeded in savii | of speedy revenge, within a few cables | working on the side of the ship, he discovered the this , the of Morse, is not entitled in poor ey pan eae A remedy of r injunction to stop for ever the operations under ouse’s machine. On the evidence presented to mo on both sides, fan aye careful een go of Loca i which shot govern my Tenet ye into the conclusion, contrary to my Reouions impromions, that the defendants have not been prov ity of any such wrong. If I have fallen into an error in this conclusion, I deeply regret it, but it is some satisfaction to reflect can easily be corrected. For any views ox- roped by me, this case in equity, can not ey re by another tribunal, the Supreme Cow and, if erroneous, corrected, but another remedy exists at law, if Ha paieye supposes he will be able Sa peor there, with clearness, that the Heuse Re mat a violation of the principles involved in A decision by the District Judge of Kentucky has been cited for the plaintiff on some of the points of this case. But, as the defendants were not parties to it, and as it related to another telegraph than House’s, it canaot bind the defendants, and cannot, on any legal question, be an authority to govern this Court, though its reasoning has received and ia entitled to respectful consideration, where it refers toany legal principle. Injunction refused. anon f the Destruction of a ale Ship. The followin, Snseneeting pertieslars of the eatas- trophe to the wi ship Ann Alexander—a briof notice of which we have already published—wo find inthe Panama Herald of the 16th ult.:— We have just received the follewing thrilling ac- count of the destruction of the whale ship Aan Alexander, Capt. John S. Deblois, of New Bedford, by a large sperm whale, from the lips of the captain himself, who arrived in this city, from Paita, on Sunday last, in tho echooner Providence. It is one of the most remarkable events on record, and will be read with deep interest throughout the wholo commercial and civilized world, where it may be made known. A similar circumstance has never been known to ocour but once ia the whole history of whale-fishing, and that was the destruction of the mp Essex, some twenty or twenty five years ago, and which many of our readers fully remember. We proceed to the narrative as furnished us by Capt. Deblois, and which is fully authenticated by nire of the crew, ing Larores under the seal of the Unies States Consul, Alexander Runen, Jr., at aita. The ship Ann Alexander, Capt. John S. Deblois, sailed from New Bedford, Mass , June Ist, 1350, for a cruise in the South Pacific, for sperm whale. Having taken about 500 barrels of eil in the Atlan- tis, the bp} proceeded on her voyage to the Pacific. Nothing of unusual interest occurred until, when passing Cape Horn, one of tho men, named Jackson alker, of No » N.H., aged about twenty- four years, waa lost overboard storm. Teach. ing the Pacific, she came up the coast and stopped at Valdivia, coast of Chili, for frosh provisions, and, on the 3lst of May last, she called at Paita, for the pape of shipping a man. Th on her Mp eto the South Pacific. On the 20th of Angare last, she reached what is well known as the “Off shore-Ground,” in lat. 5 deg. 50 min. south, long. 102 deg. weat. On the moraing of that day, at about nine o’clock, whales were dis- covered in the neighborhood, and about neon tho same day, they succeeded in making fast to one. Two boats had gone after the whales—the ‘arboard and the starboard—the former commanded by tho first mate, and the latter by Capt. Deblois. The whale which they had struck was harpooned by the larboard boat. After running so; me, the whale turned upon the boat, and rushing at it with tre- merdous violence, lifted open its enormous jaws, and taking the boat in, actually crushed it into pe rare ‘ag small as a common sized chair! Capt. Deblois immediately struck for the sceno of the dis- aster, with the starboard boat, and suc against all expectation, in rescuing the wh f the crow of the demolished boat—sine im num! How they escaped from instant death when the whale rushed upon them with such violence, and seited their boat in its ponaerous jaws, is a mystery known enly to “ Him who holds the waves in the hollow of His bands.” Thore wore now eighteen men in the 31 boat, consisting of the oor in, tho firs and the crews of both boats. frightiul disaster had been witneezed from the ship, and the waist-boat was called into readiness and sent to their relief. The distance from the ship was about six miles. As econ a3 the waist boat arrived, the crews were divided, azd it wag determined to pursuc the same whale, and make another attack upon him. Ac- cordingly, they separated and proceeded at some nce from each other, as is usual on such ova yns,afverthe whale. Ina i up to him and prepared to gi waist-boat commanded by the first ma advance. As scon as the whale percei’ morstration being made upon him, he course, suddenly, and making a trome at this boat, seized it with ois wide sprea . and crushed itdnto atoms, allowing the men baraly time to ercape his vengeance by throwing them- selves into the ocean. Capt. Deblois, agsin seeing the perilous condi- tion of his men, at the risk of meeting the same fate, directed bis boat to hasten to th eded, ard from a death little less horrible than that they bad twice 20 miraculously escaped theo ordered the boat to put for the ship a as possible, and no seoner had the order b: 1 4 irg towards them with bis jaws widely extended. Escape from death now seewed totally out of the | question. They were six or seven miles from the sbi f, and the whale, maddened by the wounds of arpoon and lances which bad been thrown , and seemingly gloating with the prospect | eth. Vor. | tunately, the monster came up and passed them a) ashort distance. The boat thon made her w and they al) got on board in safety. | After reaching the shipa boat was despatched for | the oars of the demolished boats, and it was deter- | to | | mined to pursue the whale with the ship. As soon asthe boat returned with the oars, sail was set, and the ship proceeded atter the whalo, In a short time she overtook him,and a lance thrown into his head. The ship passed on by him, and imme | whale was diately after, they discovered that t waking (or the sbip. As he came up near her,they hauled on the wi and suffered the monster to pass her. After he had fairly passed, they kept off to overtake and attack him again. When the ship d reached within about fifty rods of him, they discovered that the whale had settled down deep below the surface of the water, and as it was near sundown, they concluded to give up the pursuit. Capt. Deblois was at this time standing in the night heads on the larboard bow, with craft inhand | ready to strike the monster a deadly blow should | be appear, the ship moving about five knots, when, whale rushing towards her at tho rato of fifteen koote. [nan instant the monster struck the ship | with tremendous violence, shaking her from stem to stern. She quivered under the violence of the | thock, as if the had seo he fo a rock. Capt. | Debleis immediately descended into the forecastie, | end there to his horror discovered that the monster | bad struck the ship about two feet from the xeel, abreast the foremast, knocking a great hole entirely | through ber bottom, through which the water reared and rushed inimpetuonsly. Springing to the deck, he ordered the mate to cut away the aachors ard get the cables overboard to keep the ship from sinking, as she bad a large quantity of non beard. In doing thir, the mate succee:led in reliev- ing only one anchor and cable clear, the other bav- ing been fastencd around the foremast. The ship was then sinking very rapidly. The captain went into tbe cabin, where he found thrce feet of water; ke however, succeded fn procuring a chronometer, sextant, and chert. Reaching the deck, he order ed the boatto be cleared aw and to get water ond provisions, as the ship was heeling over. He | again deecerded if ii idly . deck, ordered ail hands into the boate, ard was st, himself, to leavethe shi; which be did by throwing himself into the soa, an swimmirg to the nearest boat. The ship was on her beom end, her top gallant yards wnder water. They then pushed off some distance from the rhip, expecting her to sink ina very short time Upon an cxemination of the stores they had been able to save, be discovered that they had only twelve cabin, but the water wag p—no aideven there to afford them necessary | yy; | where bo remaine | in telecting the , tbe ’ trying to rol nya ea 0 the ralna orth. diso they ware raschad by the gsed ohh were Nantucket, Mass., Captain Gibbs, whe took thece all on board, clothed and fed them, and extended to them, in every way, the greatest hospitality. . On the succeeding day, Capt. Gibbs went to the’ oor ot LY Ann Alexander, for ose g to procure - the sea was rough, and the attempt dangerous, he abandoned the pecs. tucket then set sail for Paita, where she arrived oa the 15th of September, and where she landed Capt. Deblois and men. Capt. Deblois was and hospitably received and entertained at Paita by Capt. Bathurst, an English gentleman residing there, and subsequently took passage on board the schooner Providence, Capt. Starbuck, for this pert, arriving here on Sunday last, the 12th inat. At Paita, Capt. Deblois entered his protest as the United States Consulate, which was authonti- cated by the following officers and seamen on board at the time of the disaster, the two officers and the rest of the crew having shipped on board other vos- sels:—Joseph K. Green, first mate; James Smith, third do.; John Morgan, carpenter; James Ripley, cooper; James McRoberts, John Smith, Wa. Smith, Henry Reid, and Charles F. Booth, ssamen In concluding our aecount of this most si! and eventful disaster, we are requested by Capt. De- blois to express to Capt. Gibbs and his officers, Cort, Bathurst, Capt. Starbuck and his partner, and to all others who have extended a hand ef kindness towards him since his dreadful misfortune, the most pega and heartfelt thanks—thanks which he has not words to express, and which caa only be conceived by the parties reversing the order of their respective circumstances. They willalways be bold in the most grateful remembrance, for the true nobility and generosity of their eonduct to- wards him in the severo trial he has been compelled to undergo. Affairs in Cuba. (From the Charleston Courier, November 2} The steamship Isabel, Captain Hollins, arrived at this port about midnigh: o1 from Havana, which port she She touched at Key West same day. She reports He Cornelia, of Baltimore, off ¢ passed the schooner @ Moro, bound in The Empire City, bound to New York, the Phita- ound to Chagres, and the U.S. a Cyan of whose officers and crew were wou, were at Havana at her departure. For areport ofthe markets, aud the shipping intelligence from Key West, refer to the sub- joined favors from our attentive Havana and Koy ‘West correspondents. Tho only important itom of intelligence b: 6 by tho Irabel, is that referring to the cage of brasher, late editor of the Spanish journal the Fa) o inivstrial, the publication of whioh, it will be recollected, was suspended by order of the Captaia General. A correspondent informs us that Mr. Carashee’s paper was considered a creole organ, andto be im opposition to the Spanish jouraal, the Diario Maina, the editors of which, together witha clique of old Spaniards, were consequently his omo- mies, and had influonce enough, after tho execution ot Lopez, to procure the suspension of his paper, which was dono about the first of September last is was ruinous to bim, inasmuch as the demaad for his paper had increased so largely duce him to import a new press from Ni York, and to incur other penny exponses, to out his issue in proper style—all of which fabor expense waa, of course, lost. ie, however, re tained hope that the Captain (ieneral would soon allow him to resume his publicatioa, aad, ia the meantime, devoted himeeif to the alleviation ef the ety of those of his fellow-countrymon who were then about sailing for Spain as prisoners. But these very acts of kindness to those whom tao iards deemed pirates, made him still more ob- 5 to his enemies, and Likewise attracted the attention of the government officials toward big, who thereupon accused him of having beencoanectod with the expedition, although they could not defi- nitely undorstand in what pregise way the ooaace- tion bad existed. The polise, therefore, wera or- dered to watch strictly ali his movements. His lat- tera were stopped and examined at the post odice, but taecse being merely letters of business, aad thanks from the relatives and friends of the prisoners he had euccored, nothing to criminate him could be elicited from their contents. Tho police were tacm informed that bis private correspondence came to amers. Consequontly when the (reor- om New Orleans, two police officers d incitizen’s apparel, followed hia perceived him receive and pocket @ ded lim by the elerk of the boat. The wed him to the shore, and, on his laad- m andtook bim to the bureau of e ® he was se m but the dolphia, panes by a pol lasted two or ge days, whe, all at onos, a letter byea y bare emanated and i ard By diately placed in s when he was removed to unta Fors, and there placed in a dungeon, which, our correspondent haa Rew formed by those who know the piace well, is an excavation in the rock on a level with the sea, alwayawet below and dampabovo, and having oaly a sma!l round hole to admit the light. In thisloath- Jeo, the only furniture ls a board wit on the ends, which serves asa bed the ey te tto keep the fe ard slime of the No oue was all him, and Mr. Owen states that he app! mission, but received as a rep) m the Cap Goneral, that be should be admitted as soon as aay, On the day prior tothe departu correspondent saw the mother o in tears at the office of Mr. ex-Consul deavoring to get some information respecting ber She wished to learn from Mr. Oven uf eculd see the Captain General. lie answ: but evggested that the judge would give to see Er son. This proceeding of } seems, says our corresponde: range, whoa is is well known that he could bave taken Ser in a me- ment to the Captain General, to whom she merely wished to state ber desire to speak a word of com~- fort toher son, and soe whether be had had any pro- visions supplied him, Xc. Areport was current at the sailing of the [sabal, that Mr. Thrasher had been tried and conde: tothe mines; but although it was believed that sucia was the cave, no authoritative comfirmation of the rumor had been obtained, the government keeping their proceedings as secret as possible Spenker of the House of Representatives. Some interesting statistics, in reference to tas ographioal vel of this officer, have recently een eae by one familiar with the sabject, and it would seom reasonable that the subjss should receive the consideration of those engag her of the tiouse at the ag preecing ssion of Congress :— e slave States have clested their Spe: The free States . Kentucky bad it. Virginia Of the Sp from siav Staten ead onl; rs there have been foar me ~ a a . The South had the akership at the laat Coa ess, and at “Ld. mont of the session had boun the Speaker and Clerk. These facts prove that the 's share in this matter bas been South. The great West will present ber claims at the next session, and all we hope is, that wherever he haila from, the Speaker be anenlightened and liberal statesman, devoted to the union of there States; apt in business, and honest in purpose; courteous quarts of Water, and not a mouthful of provisiens otany kind. The boats contained eleven men gach. were leaky, and night coming on, they wore obli; to bail them all night, to keep them from sinking. Next day, at daylight, they returned to the ship, ho one daring to venture on d but the captain their intention being to cut away tho masts, fearful that the moment the masts were out 7; the ship wouldgo down. With single batohet, t captain went on board, cut away t ast, when tke ship righted. The boats then came uj andthe men, by the so'c nid of spades, cut away the chain cable {rom arcund the foremast, which got the shij nearly on her keel. Th then tied ropes their bodies, got into the rea, and out holes through the decke to get out provisions. They could pro- cure nothing Sut about five gallons of vinegar and twenty pounds of wet bread. The threatened to sink, and they deemed it imprudent to og | her longer, so they eet sail in their boats and | ber, “They were then in a dreadful state of anxioty, knowing that in a very few days, unless a kind Pro- viderce should direct them to fall in with seme ship, et ali die by starvation and thirst, or that to oat each in life, they would be of bodi soon as life had . How. long wa they bad strength, they ag and impartial. Is not such a min to be found! Marine Affairs, Licecny p= At Lincotnville, by Mesare De. tons. called the ond others, sad to be At Thomaston, 24th ult. by Mr. Joshua Patterson, « arty iteen aoe Sh ciel Parnas ee * obs, of mastcn, and Mr Patterson, of Warren. wi At Brunswick, Me . 25th ult. by Messrs. Penneil & thers, a ship of 600 tons. called the Lancaster, owned Duilders and others and to be commanded by Captain Wm &. Giveen. At Hampden, 20th ult , by Mesers A. Rogers Jr & 9.» schooner Veale, 180 tons, copper fastenet and oy gopperea, owned by the builders. and to be com by Captain N. P. Murch. At Rockland, 25th ult. by Mr. Cephas Starrett, barte George W Horton. 200 tons, built after the most supetioe modern model apd of the best materials and woraman- ship, owned by J. Bird, H. 8 Bradley, the builder, ant Captain M. W. Packard, by whom she will be commaad- ed Same , by Mesars. Merriam & Andrews. schooner Whitlock. 1:0 tons. said to be intended for the lime and four trade, and to be commanded by Uaptain Jospin Packard By Colonel Dennett, Weymouth, Alaa, Mo, recent! eae treet to that Good Being who had t #0 saved them from the jaws of (he monster of the was their duty to wait and watch iy 7, affine bark of about 400 tons, owned by the builder, and prtbably aot yet oamed.