The New York Herald Newspaper, October 16, 1852, Page 2

Fhe Cuban Authorities and the Steamship Crescent City. meee SPATEMENT AND PROTEST OF CAPT. PORTER, Renee enee en) (eee od GREAT MEETING IN NEW ORLEANS. MEETING ON BOARD THE CRESCENT CITY. We give the following statement of Lieut. Porter, fm regard to the refusal of the Cuban authorities to allow any communication between the steamship Orescent City and the shore, on her arrival at Ha- ‘Vana, as it appears in the Now Orleans papers of tthe 7th inst. :-— | duct was wholly unjustifiable from the facts of the | As the Crescent City approached the port, the | Captain thereof met ber at the mouth of the harbor, ‘and made motions to her not to enter. These were disregarded, and the eteamer stood in. The Captain of the Port then ordered Captain Porter verbally to “heave to” at the mouth of the harbor. Captat Porter diecbeyed this order, as it was blowing half a gale of wind at the time, and he thought it a use- Jess waste of time to remain outside the harbor. "Phe steamer accordingly proceeded to her anchor- age, having refused to take a pilot, as the wind was blowing too hard to stop the ship for that purpose. After the steamer wae auchored, the Captain of the Port came alongside, and asked why she had not stopped outside of the harbor @hen he had given the order. & fit place to siep a ship under the circumstauces, Captain Porter replied that it was not | ae he would be msking his vessel by so doing. He | had therefore refused to obey the order ba Porter was then asked for the steamer’s icles’? Whenthe Captain of the Port ascertained tbat Mr. Smith’s name waa on them, he informed Captain Porter that the Captain Goneral ordered the Crescent City to sea immediately. Capt. Por- en. | ‘ar ter refused to obey unti! his mail and pessengors | were landed, or the respon: them was assumed by the S, was told by the Captain 0: rs for Havana would have to go to sea with bility of not landing nish authorities. He the Port that the pas- ee! fhe steamer, but the officer from the post office said | fhe world take the mails. Capt. Porter refused to deliver the muils until it was decided hether the steamer was to go to sea or not. t. Porter informed the Captain ef the Port that he would not move hig anchor until he had made a formal pretest to the Captain General against euch treatment. The Captain of the Port consented to take it, and present it to the Captain General. In half an hour the protest was returned. The Captain General refused to receive any communica- tien direct from Capt. Porter, but said he would re- ceive it through the American Consul. The pro test was accordingly sent to the Acting Consul, Mr. | Moreland During this time the shore boats, and those of the | ‘various port officers were hovering around the ship | at a distance, awaiting tho final result. After sua- set the Captain of the Port came alongside, and in- formed Capt Porter that as the protest had to be sent some distance to reach the Consul, it was too late to answer it that night. The ship was there- foro ordered to proceed to sea “ You refuse, then; to receive the mails and pi sengers ?” said the Capta ** No communicati if 0 ef apy kind allowed,” said the Captain of the Port Captain Porter, having done all that was neces- sery, and finding no prospect of getting rid of his passengers, besides having laid his protest in the matter before the Spanish government, and loft the responsibility of this outrage with them, put to sea. The authoritics sent. hima pilot, which he refused to receive, and, at 7 o'clock, passed the Moro on her way out. The Spanish oficer, Don Guillatao Chacon, who conducted this business, bohuaved throughout with great courtesy and politeness, ex- Tabuiing/sioliesling, Bub abowine evidently Wak he had an vnpleasant duty to perform. The follo is Captain Porter’s PROTEST. Wherens, the Spanish au‘borities in Cubs have issued an order to prevent the entrauce of the United States Mail Steemship Crescent City into the'port of Havana, to which the caid steamship ix bound in the pursuit of her Regitimate business. no offence having been committed on the coast of Cuba against the laws of Spain by the of- fBeors or crew of raid vessel. and the ssid order being ia direct contravention of th reon the two cn tries. I do, therefore, strovels \ the mame of the United States Mail Stesmship Company. whose interest [ reprevent, snd also in the name of the government of the United Etates whose officer I am. against 2 proceeding so arbitrary. The Spanirh authorities in Caba, for the ex- taordinary course tsken by them. profess to hold the United States Mail Steamship Compaay respo: Mewspaper articles published iv the United St which are alleged to have been w the Crescent City. It hae me, though no such pert, that Mr. Smith. the pur: posing or publishing any such artioins. 1 protest age net the United States Mai hip Company being held reapoprible for the f any articles ia the wewspspers of the U uch matters are wholly beyond the control of the as of the officers of the rhips coun ‘The press of the United States eensorship from avy quarter Whe! ab’e only to the !awe of the gover an American citizen. and an oficer ations. and being dl rthy of a ma- he-t degree of sion of this sop injury to aipany, who are company. 1 therewith. sonal disrespect m that profesres to lave attained the bi i I protest against the non ship into the harbor of Havana. n= it i the United States Mail thereby disabled from ¢omplying their contract to the government of the United Sta'ez.and wisich company ave already received mort serious injuries from the hand» of the Spanish Government by having their ships driven out of the harbor of Havana — Kespec'faliy au tted. DAVID D. Pi i, Licat, U.S. Navy, Commanding U. 5 2 Cressent Fo the authorities of Cuba. Oct, 2, 1852. The following is the report of t board the Crescent City, on the New Orleans: MEETING ON BOARD THE CRESCENT CITY Stramsuiry Crrs r Crry, 0 4 n2. At a meeting of the cabin pasvengors, auda large number of the steerage passengers, on board of Crescent City? Hon. Jobn Slidell was called to Chair, and John McMasters was appointed Seere- > meeting held on of her arrival at he Chairman briefly stated the objec meeting, and Mr Palmer informed its membe N.R. Jennings, Esq , had beon requested to prepare astatement ot facts. to be presonted for the couside- ration of the meeting, of the late oocurrencesat Ha- wana, and at the same time, expressive of the ap proval of the condn pt. LD. D. Porte upon, on motion, Mr to read the statem« such statement ¥ mittee, a ii H. Palmer, and N The committ it concurred entire) Mr. Jennings, and reques of in the public newspapers of the Jeans. ‘The report was ur ‘ing, with but one ¢ and, after three cheers for the American flag, the meeting adjourned. JOUN SLIDELL, Chairman. Secre ed by n there New Or- od by the maet- Joux MeMasres The following is the reper’ rere We, the undersigned, parsengere in the Crescent City on ber voyage from New York to New Ure feans, avail ourselves of the occasion to express the very great pleasure aud satisfaction which the pas wage has afforded us. The ease and comfort of ihe ship, the skill, attention, and politen ficers, and the admirable order and dis hibited throughout every ¢ 0 lens experience for ourselves and families that entire sense of socurity so orcential to the enjoyment of asea voyage. But, at the eame ti 17 oetien of the United States, es without giving expr Sigualion vo MAL st the conduct exhibited: by Spanieh autborities, in peremptorily erdering our ship away from the port of Havana. None of us had ever witnessed before such an insult to tue American flag, and our cheeks almost burned with shame that we hal no power to resist, and therefore were compelled to submit to it. Whilst thus givi nee to our fee’ i wource of pride tion tou express our high estimation of the manly couree purtued by ( ia Porter, to the written order of ‘the Uaptai ral, band- ed to him on the Lith September, ‘that ifn indi- | vidual named William Smith, ¢ Rishing gross calumnies againet 1): the island, should rote Jonging to the com excluded frozn ente: of the meeting other things, speech, in the yr fact upon °, that Swith Tad never written or compozed ony ka the newspapers, and it was ue to tha first to inquire if ho had writ jarious to the government.” ng thi sriact declaration, as soon ag our verso! Washed the Moro, a government boat was there with its offieers, to signify to us that we oould not be allowed to enter the port. Our captain, however, without any pilot, conveyed hie voseel to her ascuttomed moorings, and there awaited the order of the Cap pe ont This was soon gre et, the cial as a peremptory cue, “ instantly to leave the port,” aud Wate permission to land the Havana passengers. Captain Porter then insisted that, before leaving, his written protest should bo handed to the Spanish authorities The Captain Genera) declined receiving auy written eommunica- tien from the Captain, execpt through the , “the Mr. | ANOTHER MERTING~ DEP. | sion of their hatred and their hope } Americans, and vindicate the maj sentative, it was fore any action could be order came from the high com- manding the Captaim instantly port, and at the same time ® pilot was sont to convey bef Ne Captain then ordered} that the anchor be hauled up, and, securing the aid of the pilot, he proceeded at once tosea And whilst we subscribs our names to this testimony of our wari approval of the eourse pursued by Captain Porter, as exht- biting the true discretion and judgment becoming a brave and inte’ gent oflicer, we must again express | our indignation at such orders, emanating from a responsible government, by which porsona with pass- ports fiom the Spanish Consul, were not permitted | to Jand in Havana, and an American ship refused , entrance into the port. To say the least, thie con- | case, contrary to the good faith existing between friendly nati in utter violation of every princi- ple of d y and decency, and an insult to the American flag that ought not to be tolerated. As soon as tho affair became known in New Or- | leans, the greatest excitement was manifested, and alarge mecting was convened on the evening of the 7th instant, the following report of which wo | give from the New Orieans Delta of October Sth :— GREAT MEETING AT THE ARCADB—AMERICA AND | SPAIN. The meeting held at Banks’ Arcade, last | night, to express the indignation of our citizens at the outrageous conduct of the Havana authorities lately, was the largest, most influential and entou- siastic which bas assembied im our city for many { months. It formed a striking contrast with the or- cag: political ineetivgs which are held amooget us. There was sincerity and meaning in it, aad | od stout hatred withal. The feeling exhibited y the people was deep and strong, full of pith and ssion. 1t reminded the looker on of the popular | Teas which preceded and dignified the last disas- trous attempt, end it was evident that no one in tho vast crewa had. forgotten the ; heroism of the | men who fougnt and fell in the cause of Cuba. | There was inspiration in the thought, and we con- | | by arrows | | the language, was unable to gather any particulars | | | Indianshad been seen at various | deput | Some thirty milee further down the river, in froat short time, and it is thought by the | els Ba Interesting In from Texas. ‘Texas papers ts the Sd feet, have, been recsived, from which we extract the wing items :— Coleone) James Powors died recently at his resi- dence in Refogio connty. Colonel Powers emigra- ted to Texas in 1825 or ’26, and has been sent to me, Legislative Assemblies of both the Republic and 8. The Nueces Valley has intelligence from Laredo, to the effect that the Indians are very troublesome on the Rio Grande. They had killed several men 0 the route from Lareio to Monterey. Tae Valley says:—News ef Indian outr pour in upon us from every quarter. A Mexican arrived hero on Wydsesday, having several very severe arrow wounds, which he received from’ a band of nino | or ten Indians, about for'y miles from this place | He was engaged in muteneine, in company with two others, one of whom was killed on the spot. A sergeant arrived here from Los Ojaclos, on | Thursday night, and reports that he found the | wail-rider from this place to Laredo, lying ia the | road, about fifty miles trom here, severely wounded The rider was a Mexican, and lef’ hore on Sunday last. The soldier, not understandiag bes ond thatthe mail had been stolen. [he following is trom the editorial correspondence of the Nueces Valley:— “ BROWNSVILLE, Sept. 13, If The steamer Camanche has just arrived from above Rio Grande City. By her I learn that the sated on the river. A young man by the name of Jobnson, formerly theriff of Starr county, was supposed to have teen killed almost within sight of tbe city. of Los Cucvas, tho bodies of two Mexicans were | found in the woods, who had been killed but a same lend that attacked the rancho de yn the ILt! inst. Tbe person who sent in the express from there for assistance, writes that ‘we took their trail and followed it over three miles to the chapwr- ral; at this point I think they musi have caught the three females, as there were many fragments of thoir dresses picked up there by my companion and my- self.” He says that two men are missing, but they may bave succeeded in getting into the river. Don fers we scarcely Jamented the fate of our heroes | when we looked upon the eager faces of the mon | who were determined to avenge them, sooner or | later. As minute foliowed minute, the crowd in- creased, Never did such a number assemble in New | Orleans before. You should couat thet number by | thousands berore you would hope to realize its ex- | mt Outside the Arcade the stroet was thronged, and | cheer after choer went up to Heaven. Toe enthusi- | asm became almost like @ patriotic madness, and no | word was more significantly upon the lipsof all, than war. Thore were speakers inside, and outside, and work enough fer all. The people did | not require much argument, but the expres: | was ale | ways received with shouts of exultation. The | Cuban flag waved froely trom the platform, and | about it floated in majestic calmnees the well be- | loved stars and stripes. Each flag-stail! was sur- | mounted by w# pike, and the glistenef it brought | tears of hope to many an eye. Some person handed | .in a bast of Lopez, and as it passed from man to | pect They ibdietment in. the Court of ! ids | doiph for en sstault and batery upon Petiiek Heo man the applaase became almost deafeaing. Tao | memory of the brave oid mwa is geeon. The persoas | who composed the meeting were of every rank | and station and every age-—for the veteran and the boy were ranged side by side. On the plat- | form, gray hairs and wisdom had their posi- tion—in the body of the hall, the men who under. | stand the flash of the bowie-knife ani the ring of the i med. The coldest blood was stirred; | ishg ran as if arrows of flame were | shooting through it, and even the staid members of the Press cheered and cheered until they forgot that tacy were to report the proceedings The meeting was called to order, avd Colonel | Christy was called to the chair, aud a number of vice presidents appointed. After a few remarks | from the chairman, Judge Walker was called for, who preeented the facts of the recent affeir of tha | Crescent Gity--showed how it was a violation of our treaty of amity and peavo with Spaia—that it | was an attempt to punish ollenee (if effence it | was) committed in the United States, byan Amori- can citizen—to dictate to our ship-owners and cap. tains what oflicers they should employ destroy all equality of rights beuween our citizens in Spanish | dominions and Spaniards in the United States— | that, whilst Spaniards in this country enjoyed the | utmost liberty of ech and epinion, our oFn eiti- zens were to be debarred of even the ordinary privi- leges of commerce, for words spoken in our own country H Jobn &. Thrarher then made a fow remarks, and was followed by Mr ina, who said the insult ofiered to our flog was th xtraordinery, the most capricious, thi tdamnsble, that was ever heard of. We have prese:ved our treaty with Spoin with the atmost fidelity. Every Spanith ship waieh entered owr port was received with welcome, and shielded by protecti But how has it been regard- ed by that foul minion of power—Canedo? the ingo- lent ‘pitiful puppy. His conduct could be attribatod only to imbecility. The Spanish government, the owner of this contemptible rascal, approved of his conde: We have a reply for that condact—a eat ivactory one—and it is w. war to the i: i Herethe meeting swayed like a ‘“hill-hemme: and the ery of war shook the very building tr speaker continued. As republicans we are bound to keep peace as lor ve done honorably, but beyond that, the da 8 Thatis my be- lief. If the ineult offered to us is excused ina propor manner, then we may bo qui pac, said Mr Noe he not done, it is our duty as Ameri- ne and all, to take the Islend of Cuba and ‘yrants. (immensecheors.) Then, it on our part to assert the rights of y Of repati ded amidst groat appl d the f. eclius, if t cans, be a ne The speaker cone! tious then repor 4, iem ans rerard the vetasing to y. p ing the American misil. and having on board a number of Ameri- can citizens, into the port of Havana. for statements re- ported to have been made by the purser of said rhip, within the Uniced ‘® bigh handed act. a vioiw tion of the treaty A eommerce between Spain and the { nited Stat enlt to onr Hag, and an outrage upon th nta of our eitize Rerolved, Th govertn mand, and enforce indemntiy for the past, amd security for the future in rega’d to this amd other violations of the rights of our flag and our citizens. perpefrated by the government of Spain. Resolved. Thet the conduct of Captain Porter, umler the trying circumstances of the recent outrage on tho Crescent City, commends our warmest admuration and re- will be expected to de- crolved. That t day evening nex mittee of five be rame Aiter some other a hata o ents for the ‘exae, and Me , as above resulred STREET Shortly after organized, 9 rende bat callosted onteide, in M e street aad sidewalks, bouig the Arcade, owing to the dense od up every avenue of entranse. g enrod, an ime promptu platform was cyected on the steps of the old Atchaialaya Bank, and Colonel it bear was called to pros large and entbasias epeeches were nade of all the speakers. wl suceertion—in brie that frequently elic’ tokens of approbat Captain W. A G * W eourse hore Way very eral eloquent and telling could not ieara the names followed eagh other in rapid off-hand, oratorical offeris, , ed lond cheers, and veiemoant m. Among the spenkors were, Perry S. Wariield, Captain F. Leach, A Jan, and Mr. Purvis, of the Fourth distri This meeting adjourned shorily after the mouster gathering in the Areado. The following call appowrs in the New Orleans papers of the 9tb inst :— Pruvxos or Conax Usowrvapesce Arrexrion—A preliminary mecling of the friends of Guba will be held at the coffeehouse of Mr. Thomas J. Hawthorn, corner of Lorpital and Front Levoe streets, on Sunday oveniag. Oct, 10th, at 64, o’elosk, te take in consideration the pro- pricty of enrolling ourrelyes fn a voluntect company, ready to avenge the inrults heaped upon our lag by the birclinge of spain CG BAP ILC Bi ol HB SPANISH Con Tearimony, October 15, 1892. Another indignation mevting, in relation to the affair of the Crescent City, at Havana, was held ia New Orleans, on the Jith inst. Many leading men of the city wore amonget the speakers Bevor Laborde, the Spanteh Consul, is reported to have taken his departure from New Orleans, for Havana on the 12th inst Our Miutary Vieltres, TO THE LPITOR OF THE NEW YORK WRLALD New Youn, Vetoper 15, 186% Your reporter ha made an accidents omission in rola tion to the egcort of the Eagle Guard of Bridgeport, Ot Bow on visit to this city The Guard was received by the Washingtou Coutineutal Guard, Captaia Joa Jar. row, and the Gulick Guard, Gaptain Gilbert Devo, the o under the command of Unptain Darrow, ‘The Kegie Guara arc to-day on an excusion to Newark, as- companied by a delegation from the Washington Couti- nentel Guard, ani on their retarn will be reoeired by the ofieers of that company, who will acogmpany them to the Fair ot Oastie Garden They retarn home to- motrow. and will by attended to the hoat by the members of the Continentals, frou their quarters ot Tawmeny Hall. By publishing this note, you will confer an act of Justice, aad eblize TUR WASHINGTON CONTINEN PALS, The Graud Jury of Monroe county seem to be no to. ers of persons or names, have just filed an 'y upon Patrick Henry | caps and flints; that the Indians had been at the | dians in the country roaming at their will. The "Ban Ereveleco. | bability of the I. 26th of November, to be observed ay a dey of public | | thenkegtving. George Cabasos, who lives gome forty miles in the interior, sent word to Mr. C. Stillman that ho wished him to send by express some powder, lead, | Los Animasand driven off a cayallado of horses, killing ope man and wounding another. So you ree there must be two, if not three parties of [ compzny of rangers were only mustered in to-dvy, and consequently were not ready for the field. [| undersiand that @ scout will be started out to- morrow in pursuit. The weather during the past week has been plea- sant, and farorable for business, which is steadily amore ‘The news from the interior is unfavor- able for the cotton crop, as we anticipated from the Hep rains. The prospect fur the sugar erop is good. The Lavaca Commercial says :—‘We learn by a private letter, from the neighborhood of Mrs. Korr’s, on the Lavaca river, that Kobert Swan and Wiliam | Cohan, while engaged at a game of cards, ata | groggery ir that ne'ghborhoed, got into a dispute, when the former siabbed the latter several times with » pocket-knife, killing bim almost instantly. | Js is stated that Cohan had no weapon to defend himself A coroner's inquest was held over the | body of Cohan, and pronounced it wilful murder.” We fiud in the Nucves Valley, of the 25th ult , the following :-—-A detachment of company I, Mounted Ritles, under the command of Captain Hatch, ar- | rived at Corpus Christi, on Wednesday, the 22d inst., having been scouting fur some time past. | They brought in no reports. An express rider from Los Ojuelos arrived at chis place on Thursday, the | 24th inst., and reports the appearance ot thirty In- | dians sbout eighty miles from here. They passed | within « few feet of where the messenger was en- | enmped, about nine o’clock in the evening, and | were apparently bound for the Rio Grande. Tho Austin Gazetic learns that the army worm 8 destroyed the cotton crop in Mission Valloy, ictoria eoun iy. The Nacogdoches Chronicle says the crops in San Augustine, Sabine, Jasper and Angolina coun- tice, are unugually fine. Most farmers are raising as much as thr y can gather. General P. F. Smith left Corpus Christi on the J6ta ult , for San Antonio. The Houston Beacon says there was frost on the 2ist inet., at Chainbers, on Cypress Crock. _ The News thinks that gradually the correct sen- timent in relation to paying the public debt is winning its way among the Texans. The Houston Velegraph, of the Isat inst., says the daily receipts of new cotton in that city exeved ons hundred bales. The Houston Reacon, of the Ist inst., saya the hostilities of the Indians scems to have broken out ufrech. Every mail from the West brings accousis af some new depredations A paper, to be entitled the Corsicana Transcript, will s00% be published at Corsicana, Navarra couaty, by J. Henry A. Kirgan, and will’ be specially de- yoted to the great Pacific roilread Another convict, named Brady, has essaped from the State penitentiary. A reward is offered for his apprehension, The body of a soldier was found near San An- tonio. He had evidently been murdered. Name uot known. The question of an extra session of the Legisla- ture is still being Giscwseed by the press, and the public generally. United States Commissioner's Court. Pefore Joseph Bridgham, Beq CUARGE OF MANSLAUGHTER ON BOARD THR STEAM- sur PRA, ° THIRD Day. Qor, 15.—Maretis Woodhull, who had been diecharzed from the complaint. was called, and examined by Mr. Morrell,” for the defendant Rhodes. Ue depored:—I am one of the engineers; I never know Fortune before that we; the tivt watch Fortune was on, was from four to to'eleck P. M., of Satur he did not got out any coal for the firs ‘f bi previous watch had brought out enough to iset about so tong; Fortune seemed under the jofluence of liquor; f told him to get oral, and J didn’t understand his reply; instead of getting the coal ont, he eat down fa the bunker: I then reported him as not being whle to do duty, on eccnitat of being under the influence of liqvor; Mr. Rhodes told me to,o and coax him along, he goodman; I went to him and coaxed him, and he said he would. and i helped him to get out foe cowl; he and I get out enough for that watch; Vortune then went up, and I didn't see him agaim til next watch, at f x nh the mot still w: 1 called drupk, and Tr to Mr, Rhodes: be had a bettle of 1 his bosom; Tnxeain reported hia, and Mr me down and took him by the two ears and shook him, saving “You old rascal! why don’t you get ont some c T shouldn't b a pweion; Fortune thea said, “I wil L aggere towards the furnace: end I went to catch h hon Tlet him go he stag gered t und fell; Mr. Khodes then drow come water over him. and eoid, 1°lt ober you,” the way 60 degrecs—bicod- warm wate a good effect on lim; 1 have thr purpose of recove raired up wasn't going to work Thodes took iim 1 rs‘towards the ¢ the Imider \ . but he would Khodes then took hi he hand to help np; he did it kindly; I K got on the third ropg of the indder, bolding on by one hand. and With ike other holding on to Fortune. and tried to draw him up after him; Portume took hold of the ladder with the hend he had at liberty, amd pulled as if to get aw Mr Mhodes said, “let go the ladder; you must come uy Mr. Khodes took his foot and pushed ¥ nesarm with | lifs foot twiee,tox the purpowe of making him lot go the lad- der; aa he lot go the ladder Fortuue fel! over close to the » coal car; J won't be positive whether he struck his hoad or not; J did nat seo Mr. Riodes strike or kick him av soy other time or in auy other way; ali his laaguage to the man wos very mild; e¢ Portuue fell { told cue of the firemen to hand me a pail of water, and to feel if it was wart: i threw it on him for bis own bene‘t, to sober him; Fortune raised bis head up; he lc Tike a uan pretty rouch under the influence of then ordered three of the mon to tai went up immedintely efter; 1 saw no mar him; I bad an opportunity of seeing them it there were any; J made no examination of the body; it was very hot in the after tire-room—-termometer 106 in the coolest part of the room; Me Rhodes siways spoke of Fortuee at the best man on the j Lenw a bottle of liquor tn hia bo- som on the fret wa! and Mr Rhodes took another bot- tle out of his (Fortune's) drawer ; Love ‘were under the Influence of liquor ; map on the Watch ; 8 me wore w wos ott his balance. Wicners gave lt as his op Fortane died through driaa and excessive heat Livingston 8. Bartholomew. chief engineer of the Frank- Ln, Wikia Smith, aud other witnesses, deposed that at was acommon practioe te W water over men whom in tho state in waich Vortune was di and that it was generally attended wit) The evidenre here cloeed and Mr i: of the United States. aot Mir Morrell fo rented to summing wp. ‘The decision will be given thie (Saturday) morning ed tohave bees, od effect ' ay on the part | hie aceaved, Con: Pabinit the case to the Commissioner without any Foxton Conecis.—Samuel TH Groene, ef Costa | Rica, and aise of Cinatomala, bas been recognized by the | Prerident a Consul for the two republics for the port of | 8, Morrie Waln, of Costa Rio, beew recogn ived ae Conral of bol Af Philadelphia Patrick Grant has been recognized by the President ar | Coneui of Vorta Rica and Guatamola for the port of Bos. tom a inatemala, has biies for the port Norra CAnouwa Lroisnatern.—The North ' Carolina Legislatare bas passed a bill reporting the existing law ou the subject, and providing for the election of ten electors on the 2d of November next— one from each Congressional disiriet, ae now arrat and one for the State at large. There is little or no pro- slature adjourning over until the regular rege period for holding ‘The Governor of Maine has appointed Tharsday, tho | | brought suits agninst both of these parties, and had | lumbia; and that thes defendants still coatinue to aged, | beautifal stream was whitened with sails, and | mast head, the black flag of doa | there explained tho mystery ; no frowning IMPORTANT CASE. In the Circuit of the United States. Before Hon. Nelson and Betts. SAMUBL COLT AGAINST HIRAM YOUNG AND EDWARD LEAVITT, DOING BUSINESS AS YOUNG & LBAVITT, FOR AN INFRINGEMENT OF COLT’S PATENT FOR MANUPACTURING REPEATING FIREARMS In this cage a bill was filed by tho complainant, fott'ng out tbat he was the first and original in ventor of re} ing firearms, before the date of bis patent--. 1836---and had in that res obtained a pa tent therefor; that in 1848 he had surrendered and pene are issue ef that patent; that in 1849 he a oe an extension of it for seven years be- yond the expiration of the. original term; that he and his licensees had enjoyed an exclusive poses sion of it, except so far as it was infringed by the arms made by Blunt & Syms, and others, antil 1450, when these defendants aod the Massachusetts Arms Co. commenced to infringe it; that he had recovered a verdict and judgment ia Boston against the Mazeachueetts Arms Company, and an injunc tion against these defendants in the District of Co- infringe. count. To this the defendants answer that Colt is not the first inventor; that these arms were invented by one Wheeler in ISI8, and patented kere and in Europe; that they were invented by one Smith, of Massachusetts, now dead, before Colv’s invention; that they were invented by David G Colbron, and by A. Humborger, respectively, anterior to the in- vention of plaintiff; that the patent is mot well ex- tended, because the apptiontnds for that extension was pending before the Board of Extension, under the act of 1836, when the act of 1845 was passed, and that by such act the pending cases, of necessity, fall to the groand, and must be commenced anew b: new notice and the like, which was not done; and, Seerict) the answer avers, the extended patent is void. The cause came on to be argued before this court on the bill, answer, and the affidavits of che defend- ants sione, the aes reading no deposition, ex- cept the affidavit of infringement. Among other depositions read by the defendant, was one of a Mc. Robb, of Boston, who swears that he eaw, some ears since, a match lock repeating gun in the Tower of London, and was requested by these <le- fendanta to procure drawings of it lass year; bat when he applied fer it at the Tower, he was told that Colonel Colt had borrowed it to use in a lecture before the Institute of Civil Engineers, and it had not then been returned. Upon this aflidavit a charge was made that Colonel Colt was suppressiog this evidence, £0 a3 to prevont the defendants proviog too truth aa to prior inventions. Tne cause was argued by Mr. Edward N Doker- gon and ©. M. Kellar, for complainant; and by Mr. Seth P. Staples and Robert Emmet, with whom wete Mr. F. B. Cutting and Mr Snerman, for de- fendants; and the court holds it under advisement. The following is the argument on the part of the complainant, by Mr. Dickerson :— ARGUMENT. May it please your Honors—Bofore I procesd to the exammation of those points, in this case, which the counsel for the defendants have digaitied by the appellation of questions, I propose to answer an interregatory which the senior oounsél has pro- pounded, with a sneer of contempt, and an air of certain triumph, ** Who is Col. Colt, that he should make such demands in this Court ?” T shall not pause to inquire into the history of Col. Colt’s ancestry, any more than to say, that he is descended from honorable parents, and of a family whose name has been for generations associated with men who have done the State some service ; for if Lcould prove him to have descended froma line of nobles, it would but accumulate disgrace on his head, were he the base creature the counsel on the other side represent him to be; for What cun ennoble sots. or slaves, or cowards ? Alas! not all the blood of all the Uowards. And if he be not such a man, he needs nothing but his own merits to commend him to the favorable consideration of this Court, and to the respest of his fellow beings :— Tlovor and shame from no condition rise ; Act well your part—there all the honor liva. I pass therefore at once to where the proofs in this | ease lead us. Twenty-five years ago, we fied the complainant aiding his father, Christopher Colt, in the management of a large manufacturing estab- | lishment, of which that gentleman was part owner, | and director, in a New England town. Born with a | restless temper and active mind ; with great powers of opservation, of combination, and invention ; with an carnest desire fur knowledge, novelty, and | excitement, be could not long be restrained within the narrow limits in which his father’s will would | have bound him, and we find him p'uming himself for along flight. Jn 180 he set sail for India, ‘Whore half the convex world intrudes between: | and we find him there for an entire year, slaking | his ineatiable ibirgt for knowledze from those an- cient fountains whence knowledge first began to flow; and to this day many an ovening tale of the st c sights in that distant land delights his fireside co panions. Returning thence in 131, with an ex- panded and expanding mind, be revisited his fath- er’s hearth, as one cf its cirele. for tho last time. On board the Indiaman, while gliding silently along before the constant trades, he hid dovised this great | invention. With knife and wood—his only tools | and materials—he had constructed « model, burning | out the bores with a hot iron; sid that mode! was | the germ of this mighty growth Once posdessod with the idea, his genius allowed him no rest till he had perfected the conception, and solved the pro- blem. But how was that tobe dono! Even as gle experiment in iron and steel would require money, and of that ho had but lictle. Too nobie to | tax the resources of his father, already burdened by the weight of a depondent family, he invoked the unconquerabY energies of his own nature to bis aid, and found there abundant assistance Having in earlier years acquired some knowledge of chemisiry, from books, and from experiments which the labo- ratory of hia father’s works enabled him to make, he devised and constructed a chemical apparatus fufficient to exhibit some of the most striking phe- nomena of naturo’s arcana, and with it commenced a series of lectures, Ulustrated by experiments. In the years 1831, “32, “83, and “31, under the title of Dr. Colt, he traversed the whole extent of this | country, Visiting and lecturing in every town of more than ten hundred inhabitants. This tour was to him an inexhaustible source of instraction and | mental wealth. fe studied men, and if ‘The proper study of mankind is man, his time was well employed. Bat he did more— he made this occupation the fostor mothor of ths first born of his genius. In the fall ot 1831, he had | constructed two of his arms at Hartford, aud bad experienced the mortification to see the very first one explode, the very first time he firedit. But acill he did not despair. As fast a6 the leatures furnished him money, he renewed his experiments, and al- though he often saw tho oarnings of a month blown | to fragments by the explosion of his last constructed | arm, he struggled on. Inspired by ® eonsciousness of the greatneas of his invention, he never fainted, | but toiling through difficulties that would have ap- palled a weaker heart, nt last bo triumphod. Mejesty ond beauty are commingled in moying with Im- | mutable decision And well may charm the coward hearts that turn and hide for fear Faith, firmness confidence, coneletency—these are well | allied ; Tho bill prays an injunction and ac Yea, bos man press on in ought he shell not lack of | F. —he triumphed ; in 1852 ho de ited a description | of his invention in the patent of although be had | not yet satisfied himself; bat he foresaw the greedy cormorant hovering on hig track. In 1835, ho had mado the thing perfect, as he thought, and then | went to Hurope, under the advice of Mr. Witiott and | others, to patent it there In 1886, be returned to a native couutry, and took out hia original patent | ere. Now be saw the droam of hit youth realized, and | the fruit ripening in the sunshine of prosperity. A | few monthe, and the long years of weary toil and | | | bitter disappointment wore to be rewardud by tho olden barvest. How vain the hope. His cass formed no exception to the common fate of inven- tors. Capital refused to onlist in the manufasture, unlose rewarded by tho lion’s share of the profits, and at last he was compelled to accept the miserable pittance which the Patent Arms Company would allow bim for the wze of his invention. That oom- pany poey failed, and tho tariffs ceased. Sysi- phus like, he had rolled the stone almost to the surnmit, and now it reooiled, crushing him in its descent. In 1840, Colonel Colt was leit, stripped of evorything, to begin the world anew. Endowed with qualities of soul and heart which would ennoble a much emalier intollectual being than ho ix generous and liberal beyond mensure—he had saved | nothing ont of tho small allowanee the comp ny had paid him; but he had ovoreome difficuities more formidable than this, and at once be struck outa new path T dea of fortifying harbors by submarino bat- tories had been yed beforo, but failed. Undor the impulre of his genius, it became a great inyen- | tion. Who bas not heard of Colt's experiments aud success in this undertaking ! The government furnished the means of inaking the trials, and they | satisficd the most sceptical. Your Honors may have seen oue or more of those splendid exhibitions | of intellectual power which this gentloman dis- played at that time. If you did, no words of mino can add to the strength of the impression. Ono | trial was inade in the Potamac rivor, at Washing- ton, Tho Prosident, Cabinet, l'orcign Ministers, | and Congrese, were there; immenso multitudes | thronged the banks for miles; the bosom of the steamers. Under fall sail, a lown the river, poe at hor th. No living rippled by dashin, sete ship came | #enior sow the multitude . Where was the man whove genius had fone together that vast astomblage, and chiess? On an eminence near Alexantiria, ten miles off, he stood, 2 soli being. with telescopo in band, hing the wayward movements of the fated ship. Conscious of his power, ho calmly waited the signal fun At last the word was given. The flash, quicker than the report, told the ician that the time was come, and ere the booming sound bad fallen on his ear, the work was done. One moment, and nothing was heard but tte suppressed breathing of the vast multitude ; the next, And therky seemed convulsively etirred, As if by lightning riven. AN eyes were fixed on the beautifal ship which £0 silently glided past; but at the fearful explosion the dixappeared. When the column of water had rubsided, aud the wind had swept off the smoke, one exclamation arose from an hundred thousand human beings, ‘Where is she?” Go ask of the winds thet far around With fragments strewed the sea. She had gone where no ert could ever reach her scattered fragments or mould sgain her symmetri- cal form. This man, wielding a power, whose might Who kuows, but he whose hand the lightning forms, ‘Who heaves old ocean, and who wings the storms, had reashed her, though far away, with those mys terious messengers of destruction, which, Fast as the clear and living rays go streaming from the a obey the commands of genius, and yield themeelves docile ministers to the mastery of the mind. But coungel asks, with a sneer, ‘Who is Colonel Colt?” But I shail not pause here. The world ts indebted to Col Colt for another improvement, which, with- im the last two or three years, has been claimed a8 a great invertion abroad. He was the first man who ever carried a telegraph under the sea. Con- trary to the advice of those who were at that time engaged in the telegraph, he undertook to carry a wire through Hell trary to their prognostication, it succeeded. Colo- ate to Fire Island; and, con- | ne! Colt at that time urged thoge interested, to | solicit this government to invite the British go- verpment to join in the construction of a telegraph a the two continents; and that project, [ see by the last steamer, is now mooted. from Doverto Calais, the same thing has been done more recont- ly; yet here it is well known who first succeeded in that idea But counsel asks, with a snoer, who Co- lonel Colt is. In 1846, the Mexican war broke out. Tho Texan rangers, who had achieved the independence of the Lone Star State by the use of Colt’s arms, now de- | manded an equipment of them from the govern- ment. Captan Walker, the dreaded chief of that daring band, came to New York to procure the arms; and this city was searched in vain for a single pistol of the sort. Out of the 20,000, or more, which the Arms Company had manufactured, not one was left,on sale. They had all gone to the frontiers of the Southwest, and there were treasured and valued, Boyne price by the brave men who had relied on them in troubiod times for safety and for life, and had found them ever truo. ment did not then proceed to construct them in their own armories, but invited Col. Colt to do it forthem. He was unable to supply the demand; but, by the aid of fricuds, he undertook the eon- struction of 1,000 pistols for $24,000, and he deli- vered them, but they cost him $27,000. arms went to Mexico, and the returns from the bloody battle fields of that war answer the ques- tion who Colonel Colt iz. Orders now came in apace. The government must have more, and the public demanded a supply. Now prosperity became oppressive. Now the harvest was ripe, but he had no sickle to reap it. Capita), ae usual, exorbitant and slow, would not touch it unless the patent were extended. Ic would not pay to lay out immense sums for machinery for the little time the patent had still to run, and he could not go on. The over- flowing cup of prosperity was at his lips, and he was dyingof thirst ‘antallus like, he only saw it recede us he approached it; and he felt how ‘hope deferred maketh the heart sick.” A‘ list the pa- tent wasextended, and he commanded ‘he means of success. By 1850 he had fairly launched his busi- ness, and was daily improving his muoufacture, and beginning to receive his reward, when these | supposed to have been originally improporly The govern- | These | nius and 3; and when the history of the remarkable men of this age is written, name will make brighter its brightest poge. Such is client; and J trust that the gentieman Pyaeoniales Tn the whole course of practice, I have 80 little attention to the pleadings und proofs, and where so latitude was en in treatiog the issues raised, or agence to be rai-ed, agin thiseause. FE hope to recall your hovor's attention to the real queations presented by the bill and auswer | axe these:-—Firet. Is Col. Cott the first and original inventor of the improvement by him patented? Second. Ishis patent well extended ? Third. Did he recover a verdict, judgment, aud injunction sgpinss the Massachusetts Arms Co ,onthat patent? These issues are all raised by the pleadinge, after some fashion, although the ansvor is certainly a ve confueed specimen of pleading, and eontradiots i in many isaportaut particulars, which I will take oc- casion to point out bere In the firet place, the answer denies infringement in express terms. I* says that the defendants have not made any arms similar to those “claimed” ” the complainant (mark the.anguage) before Feb, 25, 1850—the expiration of the or ginal torm—nor, “aa they believe, afterwards ” They swear, to the best of their knowledge and beliet—iike an Ivieh witnese | in the Sessions Court—that they do not make arme similar to those ‘‘claimed” by the complainant. They are not content to deny the infriogement of | his patent in general terms, but they are eircum- stantial in that denial; they do not infringe what he *‘claims’’ in his parent. Now, tarn to tae eon~ clusion of their answer, and see how they contradict the denial. There they admit that, since 1550, they have been making arms “with rota chambered breech,” Xe —quoting the vocy word of the claimer of the putent—and conclading by 5: ing that they ‘‘understand this to be tbe first elaim’ of plaintifl’s patent, bus excuse themselves by aver- ring that the patent is invalid. Which allegation is trae? Both cannot be. Did the drafisman of the answer forget, when he reached the conclusion, where he undertakes to reply to the interrogatories of the bill, that he bad, in the former part, denied what he there admits; or do these defendants swear to anything that is luid beforo them? I take the admission of the answer as conclusive on the in- fringement, which indeed is apparent from inspec- tion of the arms themze!ves. Tho next denial ia the answer which meets a full contradiction by the case presented by the defend- ants themrelvos, is the denial that there was any report on'Mr. Colt’s application for extension by an examiner of the Patent Office, under the law of 1848, “ or otherwise ” Turning to the record pro- duced here by the defendants themmeltagedh ap: pears that there was such a report made an- torior to ae: pemone of the law ot 1848, which ort was made in compliance with a rule of the office, and according to the uniform custom there; for it would have beeu obvicasly improper to grant an extension of a patent which the Commissioner ant ed—so that every application for extension subjected the patent to the same ecrutiny a3 it would have undergone had it been originally applied for; and the law of 1848 was rather declaratory than direo- tory of that custom. Had che defendants been con- tent to answer, and say tha’ there was no report under the law of 1818, it would have been no more then “paltering in » double sense;” bat when they say that there was no such report under that law, “or otherwise,” they have mos: wilfully misrepresented thet.uth, and this, too, with che record before their ! eyes, and after an argument in Court upon the effect harpies, who over hover over the rich repast which | genius spreads, both to devour and defile it, began to poise themselves fora swoop— At subits, horritice lapsu, de montibus adsunt Harpio, et magnis quatiunt clangoribus alas; Diripinntque dapes, contactuque omnia tedant Immundo. Now came on new troubles; suits were to be pro- sccuted, and the money and time which he bad Roped to have devoted to the advancement of bis mapufacture, he must appropriate to defend his rigbts against irresponsible robbers. Tho great | trial came on last year at Boston, and, as usual, he | triumpheé—zloriously triumphed. Not & fact, nor a point of Jaw was carried by the defendant; and al- though theircause was defended by Mr. Choate, the ablest nest prius lawyer in New England—perhapsia the country—(my brorher Staples, who holds his abi- lities in such contempt, of course always excepted) — thero was nothing of it left when the trial was over, but a miserable bill of exceptions, containing only one point, and that a mathematical point—naviog position, but not magnitude But my brother Sta- ples asks, ‘* Who is Col. Colt?” Here he thought bad beon an end ofall his tron- bles; but not so the result. Although he had de- monstrated the fact that bis invention was beforo all other attempts at the same thing—the French un exeepted— although ho had shown, that even if isinvention were posterior to all the guns produced against it, either then or now, yet that none of em, nor all of them together, contained the whole of his invention, and that they had all been aban- doned; although bo had thus established his case, both in fact and law, these defendants, combinin, with the defeated company, and other pirates, stil ersisted in their wrong, and still threaten to crush is plans, and defeat hia hopes. After the Boston trial, Col. Colt visited Europe, to exhibit his arms to the assembled world, at tae World’s Fair. We have all read aud heard of his reception there. His chambers were thronged with the great and influential men of the land, to form the acquaintance of one whose repu' world-wide. Princes and goverymente lavished on him their tavors, and ehowered presents on his head. Scientific societies extended to him the honors of membership, and the Institution of Civil Engineers of London awarded to him the Napier metal—its highest prize—fer that vory leoture on which Mr. Staples has founded his calumny. Tho British Army Register, the organ of the army, thas epeaks of his invention:--** As Woglishmen, we frankly and fairly admit it. Col claim of precedence, and the patent of superiorits avd we scorn to deny either one or the other.” And to crown all, the British govornment itself, for the first time in its history, has taken off the prohibition on the importation of arms, and admitted as many of Col. Coit’s as he could supply, iree of duty now, while | speak, the Aimcrican steamer Pacitis, driven under the fiery spur, is carrying in her hold an mechinery, and transporting on her decks an mechanics to England, to manufactare Colt’s arms, ia a British armory at London, for the British government, under the direction of Col. Colt, who accompanies them himself. Does not every American feel proud of these things? 'The wanton gault which has been made on Col. Colt, by the ai in the defence, answers that question in the negative, so far os he is coneerned at least. |, anxious | Colt has the | Aud | of that very report, between Mr. Staples and myself, made before that answer 5 The next denial) in their answer, is expressly eon- tradicied by the record produced hore. They eay, in relation to the suit instituted in Wesbington against them, and on which an injunction is now outstanding, that ‘‘no subpoena, ‘precess, or notice was ever served on those defendants, or their mnt or attorney, or either of them, &2.” Now thisis a very distinct denial of notice, either to themselves or their “ager and yet when your bonors turn tothe record, it shows that their agent, James Warner, was servod with subpeena, and has actually answered the bill, and that they themselves were served with the notice to shew cause why attach- ment should rot issue. Here is a matter not of speculation or probability, but a matter of fact, ex- hibited by the record, and impossible to be contro- verted. How, then, do the defendants stand gq a the face of day with such a recorded cath againtt them? The next curious pioce of swoaring in this answor is, that ‘many of the gunsmiths, and manufecturers. of fire arms in the United States, haye for the last fiiteen or twenty yeaza used and sold fire armas, hav- ing all the inventions and improvements claimed by said Colt.’ This is met in the bill, by the state- iment of what sort of arms those wero; and it is now admitted by the amended answer, that thie refera to the arms made by Bluxt & Syms and oshere, having a combination of barrels, and known in California. as ‘pepper boxes,” which, although they undoubt- edly infringe some of Mr. Colt’s claims, are 6 unlike bis arms in other respects. Now, compare this oath with their denial of their own ‘inge- ment, before referred to by me, when they say that they ‘‘never made, used, or sold any fire arms with any sueh improvements as those claimed by said Pee in his said patent, before the 25th of ebruary, 1850, nor, as they believe, aftcrwards.”* That is to say, Blunt & Syms’s pistols, with a eom- bination of barrels, seif-cocking and unlocked, are just like Colt’s arms, with one barre? and 2 ro! reech ; but their arms are unlike his, althou; they have one barrel and a rotatory breech, and al- though they unlock. rotate and relock, juet like his. Can it be true that this answer is really sworn to? But, turning away from this sickening dissection of a corrupt anawer, I address myself to the argu- ments of the counsel for the defendants. As I un- derstand this case, the whole argument of counsel has been based on a fallacy, which is apparent tho moment you look into the patont itself. (ientlemen have contended that this patent is for the abstract principle of rotating the breech of a repeating fire arm; and upon that theory they have ar; that if any gun can be shown to have existed anterior to this, in which the breech did rotate, then the patent is invalid. it was rather amusing to hear counsel glide over that part of the claim which peal excludes any such construction as this, aud throw the whole emphasis of their voice on that part which, if taken alove, would bear sach & con- étruction. When counsel came to the governing clause of the claim, he seemed to have a cold or a feeble voice, and very quickly mumbied over it ; but when he reached the descriptive part, his, voice was very firm and bis articulation distinct. I shall, therefore, havo to ask your honor to open the patent again You will perceiyo that there is a doseciption in this schedule, of un arm, in which the reciprocating inotion of the cock is converted into @ retary metion of the eylinder, by means of a ratehat: so that when the gun is cecked the cylinder must be driven round, or something must break; the eonnestion between the cock and the cylinder is rigid, and the motion positive. You will also observe that the bolt which locks the cylinder ix its proper posi- tion is so constricted and, arranged that as you lift the hammer, or cock, it is withdrawn from the bole inthe cylindor by which it fastens it in its position, and to yerwits tho cylinder to rotate, | and then is released, and driven back agsin for the Returning home loaded with honors, and weariag | with modesty the laurels of triumph, Col, Colt 1s | met here in this court by the distinguished counsel op tho other side, with an nreousation of petit larcs- purpose of relocking ibe cylindor at its next resting place. This is a positive lock—not a friction roller, or other uncertain deteat—but a lock which holds the cylinder so that it cannot bo moved unless something is first broken, except at the will of the operator. Ona the first of these srrange- ments, the patentee founds his first elaim, which | your honors will read in theso words, —‘ Firat, ny—of stealing « gun from the Tower oy’ London, | and bringing it away for the purpose of suppressing | it ae evidence against him; and the insult has boen carried so fer that [ have been notified here at bar to produce that gun before this court. Jt is evident from this charge. that Mr Staples has not yet hoard of the statute of 12536, under which it would maiko no diflerence to the rights of the inventor here, if every gun that is, or ever was in the Tower of I.on- don were just like his, provided they had not boon patented or published abroad. But on what authority is this charge made here! A Mr. Robb swears that, he isno mechanic, (the more pity, for he certainly is no lawyer,) aud that somo years ago ho saw & whether turned by hand or not, he does not know, aitbough from having sce some works sticking out, he thinks it must have rotated by machinory; that last yoar he was ecnt by defendants to seo that gan again, and was told by a man there, that Col. Coit had borrowed it for a lecture before the Institute of combining a rotating chambered broesh with the lock, in manner subsiantially as heroin deseribed ;” not in any manner, your honors, but gach, or | such like manner a5 deseribed; and these contro | match-lock gun in the Tower, which repeated, but _ Civil Bogineers, and that it had not yet beenreturned; | whereupon Mr Staplesmakes thia grave chargo, and varies the insult in every form hia ingenuit; vise. And Mr.Colt must endure this from an Tinerioan sud a lawyer, whore age and position should havo been the guarantee for hetter things. ‘Oh, shame, where is thy blash !” His age, which 1 agape it gentleman ‘from the chastisoment which a youhs man would eertainly receive from him whom he has so grossly ineulted, shall protect him from any fur. ther comment from me. Lot the gentloman share with his elients the satistaction which they ail seemed to {vel at this unkind aaeault on the fair fare ofa man of whom this whole count to he proud, and whose aoul isas far above such lasences asthe beaver is higher than tho oarth. Let them enjoy it if the can. Iwill not dash this only top of vomfort, thoy are likely to recoire ont of this cause, from their pe nor mingle any bit- ter with «uch delicious sweets as those mast be. Vor ten years I have known Col. Colt intimately well,in all the varied ciroumstances of his chequered life. It hae been my fortune and my happiness to shore with him many of hie joys and sorrows ; to particl in the miseries of hia reverses, nnd ox- ult in his triampbs; and, whether -truggling with the overwholming tide of adversity, or aii ‘on the topmost wave of triumphant success, and ld-wide renown, he is ever iruo to the groat daties and ob- trod her deck, or directed her course, but bein, aban ed to hor fate, abe amopt on; no preparation ligations of a gentlem: straight Bamucl Colt is the synonyme for truth, honor, ge- is, and ought | ean de- | an; he nover swerves from the | defendant’ of honor and rectitude, The name of | that. rin lic ¢ words counsel Ieft out very easily—'‘co that by the operation of lifting the hammer to esck the lock, the said breech shall be rotated, Xo.” The questions of priority and infringement are an- ewered, when you answer the question, whether any other cun, bi fore Colt’s, was so combined, and whether the dufendant’s gun is not so com- bined ? The second claim of the patent, founded on tho loeking process, is thus set out:—**Second, Com- hae the rotary chambered breech with the lock, by means of a key, catch lever, or the equi- valent thereof, substantially as specified, #0 that by lifting the hammer to cock the piece, the said breech shall be libereted to admit of ita being rotated, and then relocked, that it may be held in the proper position during the discharge, sabstan- tially as described ’ Now, this.is a separate and distinct process trom that of rotation, and might be used on an arm that hud no self'acting rotation in it, just as the rotation might be porformed, and aetually has been performed, without the looking. There is no gun auiong those produced as a bar to this patent, which has or protends to have this ar- rangement. Alt the old arms worked wilbdeewa by hand, or where contend Ot tion roller, as the Smith gun, which onl: tended to prevent the rotation, but whic’ did not constitute an absolute Tho defendant uses this able for that use, and ma; further use of it, even though all the other claims. of the patent are void. This result counsel saw, and was driven to the miserable expedient of arga- ing to the court that, if the first claim feiled, the cthers were drawn down with it. It is neodloss, before this court, to argue any such a question, and I therefere pass it, with remark that the. Oth section of the act of 1837 eapeaty such a case, and givea the patentee a full rot what is good in his patent, be come of it which is bad. The third claim of the patent, for setting the cones in recosses, to protect one cap trom the fire of tho pe ‘ono, in too plain to be mistaken; and its in} nt is obvious on tion of the Having thus shown what tho patent is, and detent to the eylin- process, and of course, be injoined from any