Newspaper of The New York Herald, November 12, 1856, Page 2

Newspaper of The New York Herald dated November 12, 1856 Page 2
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derateJy honaul l,*opae, and that decision mat M wgues every da' [t may be Mid that the Ojurt ?? Imum 4e damages, but practically tk.t fewer is use u>? inventor, u ii never ly ? been ezextieed. Judge** aiv naturally averse fro- m wield ing sot h a power, lest they shall seem t'/rannieal aad tb? infringer eeeapes with impunit? half the fene* ?d grows rich out of hi? rob oeries, even ! " pay** at the end of an exy ution the fee a ?i,eh the ^aWirte*; bu -pent twi ? as macfc u, <x^. Brtineasitw worth when collect* j. Thus, while nbkic virtue in detmuehed. and t>je patentee'rumeJ byueM?Mluigatinu, no one b at the lawyer* gain. ? I supposed that ttii8 cane on me within tki" decl aim JsbouMbe tempted to 9jik ihe Court to uver iale .t, ami for ?re Hake of publ-c justice to take the rase once nrore to the bar of the Supreme Court lor a sober seoud thought. But we contend t&ai we staaO upo? a different ground, and that the moa we of (lama^D ia ttnj value of the invention to those who use it?a manure at all times eertaimly eto the defendant, although it u.ay sometimes be than jost to tine plaintiff. To ascertain the an>?wt of damage under this meuauf we Lave ahawn '.has. this luneuti >n on the Metropolis ia jer tainly worth not teas than four per <*ent of the Mai consumed, me J that it probably ia worth more than ten. No wi-nesa has been called to eentradict thin, and therefore we may aately unm it to be wi-liia very reasonable limits, and ?afe (r the guidance of the jury. The Metropolis consumes on an average fortv-eight tons of coal a She be^ai to run on tie fifth day of Mav, 1*66, and nu until the bringing of the suit on Cue Biota day of July?beyond which you cannot go in this case. Che quantity of coal consumed ia this time was 3,nxo tins, and live per cent of that aaunnt, at $6 a ton. is eqnal to $720. We insist that vou cannot give us less than that amc int, which we demand un ier the evidence. But we are met by toe other Bid* with tb? ob;e:> nan that this case conies within the rule referred t?; and it will be jour duty to deode that question. Ls 11 true or not taat Mr. Si -kela has a lixed tariff for the use of tbia improvement/ To sustain their claim, Mr. Rartol, of Philadelphia, a party ia interest with Merrick 4<t 8'W, one of :ae largest ma nine making dnns in that city, has been ealied, and k- proves that Mr. Sickela Hold a cu? off tor $2?'J to him. Tnis is the witn-ns who appealed to the Court for pro'ection against my gaze, and eeaiplaiued that I would look at him while ho was unuer examination?che mont extraordinary cora fhia' ever heard in a eaurt since the year books wareopeued. 11 may be aafely said that th<* best ax tarsal evideuce of an honest man is the fntuk, nnwavertner look of the eye. But when the heart beiomes polluted, and the mind resolves *>me n >ist art, the guilty conscience would close the win dows oi the soul to bar the gaze of other men; and the averted look and the quailing glance are the certain tell tales of the wrong within. 'Tbvs ooaaceoce doea make cowards of us a'l " Whether that test tails in Mr. Birtol s ease. I leave fe your de-boon: but certain it is, that at the time when be attempted to prove Mr. Sieketa ignorant thai the methou of lowering the valvb as practiced bv the defendant, was applicable to his invention, Mr. Kickels had had a caveat on file in th?* Patent < )f Ice ten yevi, describing that identical method in language exactly the jara? as that used by the de fendant in des ribiug it to yon- It is barely possi ble that Mr. Sickles may have died that caveat in a somnambulic state, and may have entirely for^t ten it; but unless he uid. Mr. Bartol exhln tad <1U aretioo--the better pa-t of vaor? when Le lagged protection from the gaze which pierced his not'. ho far, gentlemen, as it goes, Mr. Bail's te^mo ay tend* to establish a price; but there the defend ants stopped, and 1 called Mr. .Siekels to prove tiat there nev-r was a fixed pr.ee at which this was sold, toil that in the effort to uid'ico en^iueern to use ii he ?ome ones gave it away, and at others he would take whst he could get. He received at the rate or from ?weive-and-a-balr dollars a cubic foot to nothing. Tbe r\Under of the Metropolis c ontains seven hun dred ani twenty cubic feet, at the rate ?peci fted the fee would be |!',000. On his cxasiinat: m, Mr hiekela exhibited the acc >unt of what b? re eiv ad, wniofc I have not in oe'ail, but it amounted to less than 0<Hi, in small items of abou' f.'OO e.ich? Sfcowmir .Hat when he could get anything it -ene rally was .atxmt $300, which als > paid for b' c<m diiie and attention in adap'ing the invenT -n to the boat. But tas this tbe fair price of tbe invest-on; aid if Mt. why not? Mr. Sickels ?nd Mr. Allen ha\ both been examined on this p >lnt, and tbe result exni iiu a MUte of r.hiuvrs in regard t. ?lie treaunent of an in ventor which is unparalleled in tbe records of this ?acn injured lass of men?a state of facts w+>i h ?ust have astonished you lievond m?*asnrf and which vo- would never have believed if yo. hid hearu it rrom the month of anv ouc but tlu- *cton thenaN-lves. After having ma?<eh;s nventirm-, Mr. Hu kels found that they were universally reject'id l<y tbe engine builder*? toe lore most amootr whom was U?e Noveity Works. By extraordinary exertions, witaout a shop, and without a dollar, he succj*l d hi introducing tlicm in aome n>m ?t ? p ases a-id Htail boats, and the result justified his n>piv?eutv ?oas. But still tbe engine buddsrs refneed to lin<a a, exceot in some ca<?s where he wo.iid g vo the in vention tor not ling, or a nominal sum. \botr. that time '.be Hiem'ii steamers were to be stared, and Mr. "Eckels offered trratuitou^ly ai! his inveutious to them -ani] there a<e a dozen otlwi !ieside iiii? <?fie, which, together, are uo< ea?ar> for a perfe-Jt result ? but ?he Novelty Work*, wh? buill tlie engines of that ba?, re/o? f the offt-r. The nsuit jo? all know t?ie 1:* sun a failure, ao.l Ixouabt world-wide diinre lit ?|K>n abh a?rj engineering, and in i> ? -ri -e sear j ?WKirpe.l tbe Collins line, then jast gither mg capital to its c?mstniction. Mr. Collin*, h >w ?*?r, leain'd a ieaMin by this experb-nce, an i male gutntic efforts to lmn< to his cnter^rtas tlv eie awiits ?f s?xeas. Let it l<e known grntifnyn. to ?he honor o< Mr. Collins, ibst ne struggled against ?ae Ni>v*!fy Works to tbe last tor tae ls*t thing, a?d oaiy sarrendered when the maturity ot sto^ k w v* agam-t him. ono he was tied band and foot by Mown, Bti.ther A Oo . at the feet of Horatio Alien. H?. ho?evcr. ?"?nf nut^d witb Mr. j^ickefs to ?Mit fhia Invention upon the Daltic, bmi' at the ' \liaire tt .?rk>; ai d Um> -inUi. bail! at tbe Noviiy Works; arid *r. Sickels was procaeling ro excitc the contiact, when he was ordered to <tis eountiue on tbe An:'icl<ythe Sfovelty W?rka l?an?" here a fii'iineut and ask youraelves if Wr. Hkkels had f1x?-d any pri?^ at that time. On the c?n.'rary. his Inrention warn pronounced valueless by th^ very fan wao bas ainee pirated it. ami who now -et* up hi* own wr?ng i>< fi> <? a reason lor a greau-r oae uow. I'p to that time, however i am willing t > admit thai Mr. alien was ?mrilj jj?. nor ant of the su'-je. t. and hoo^atly Uiongbt this i?. v,n -ou waa wortblea,: and 1 invoke lor him chui'v on tbe san e |irmri If, ho ve\ er, you ieel any da 'i eulty in ex e-xl ag it, the teoullecttoa of hi* Wsao- c M Uie -'aiid. that he ca 'iw' now explain a dtfie en e tetweeen these t wo marblui** sh>n< |m> aJ'e^es to exiat, uugbt to Uun the <>ctle in his Tav< f In;', geotleinen, Mr tickets eupliel this inven Uon to >b* Baltic, and for eight ieir? it nai weaih eeed tie atom, although in tiae hand* of the enemy, under tbe -iiiitiol of Mr Allru Sim-elf. uti'r a.Vsi w?-paid for tlw?; "bi t,' saj? Mr Hickels, tt w.ts m id tt mnnxlert tlie Noveliy Works, an J tbe old ?ton 'hat i: wonld n..t work oan t now be t >bL ' *'? ii Mr Albn. who depiioed him ?wil of anothsr sai-at lliat t'me and who rel .ctantly awnte<l to tfcio cne. ret op this pri? e arainst JMr. now Vou s?iaJI aus ver. Vou nave lieard. ?enti'ieen, that the rut oft on ih? Metropolis ail went to pieces in the lirat year ot Jits exMtenc> . ahl nak t came di rc' from the hand* of Mr. Al ien If that ut off i n the Haltic had broken?sye, tt it bad but tailed in a pin or nut. wbi< a r?mld tie repia ed in an hour, where w mid have been Mr. he kel.s case now? ^ et Mr. * liens aiioriioo* of tbia invention can go to piece* every year, and tbe ine? t,?* ?till '.-oes up to bis altar from tbe armv of dependants, *1 olive upon hiaauule*. It waa?atiala< tory to b- ar ir?m Mr. Siartes, that, a hs u this rat ?4T aid bteak. the I mat was i anied to her jonrncv a end l?v another of Mr. *b-kei>? inventi >n. win -h played tbe goo'l Sam an tan li' tii tji s Miqt of time we have the Baltic me ntwjr iiastrr tbe control of Mr. Ai ea.witb this in VrMiotj iifstn it, never break.ng down, taking t.be oi -b <w >hip of tbe 1'be at ^'nsbinguin. aid ?> kro*l?ti*?d to be the most suc.-esanil ? hif> of th * fleet. Theve was u?e lavsativn m i's m.ist perteet form- as Mt. Allen on this ?inJ, under oaih, na< ;i<iaitted to ton?and there be stuuisd it. Was tt a ? b^n>w tint be rope d that t not n >be MtUoftoli'. ?a eve>y matei . ,1 (latficnlar, exceptm tbe manner of lowertng the valw t <annot. gentlemen, con?eat to th?V I have ireaf taith in tie atnpidity of me? srh^ are called eiigiri*eta i>ecau-e they own engine hanidiag shopa. -ut il it ia ciaia.^1 Mial Mr. Allen w?e ao .tup d as ao' to know bow the Baltic < lit of! surleil. I sn<wrr be aw then t'<o atupiil t'? ciO?tcn<" tb'a I t?e; and I* tt\. 1 . I, that ue e/>uslmeted this ?>??e, lie st hav? iindcrstewl the otbar, which it was I ia dntT to t .imir.i e\eiv voyjre of the ship. ab4 here, genU?m?o. t tw it lie permitted to fol low my hrutlier Cut Van int<< ba ifigre'i,oo '?on ern mg toe a?eti< and l ai if!. . whose <ui fate stdl ca t a gh>"m 1 >sr tii?- miire <ssi?trr. What tfieir-b^ry bas to d?' wi'h tbe ea e I cat.not s?e. Isit aa m > l?arn? d I f*1'fisf has iiitro?iuc?i| it lor ?ome p'irpfwe, I will xB-wei him. I diu not it tend to refer t > tnis m?t*'.eh?4v lmaine<e be"e?lieare itone toafrigbt rial >l"oa. and th* en*nid< yet biertl wnlrh oiight sot to be ' pened- but I bave n?i choe <. I did n?t in a nrivsS" Oofcretaatn'ii *sy tbr>t ihe toe irrtie nine* from tlie Wsn? of a Siek^ls < t off; imt I did ?ay that tt arose fiuia tlie gross wiif,ii ign?raiioe of II<h,iH>i Ailea. The An tic ?titik in alasit flv honrs afi? i tbe .itci'Vfit. <tnr ng whl h lime her etislnas weie sili evoreihaB an Imur anda nai f and I believe nx,ic than tao horns in motion. Now gentlemen, yon mud undersf.-inrf the* the sir pomps of the Arctic were about aixiy inch< a in diameter ant I fire feet stinke si.il th.it the quantity of water they were re |ist>b af pa i-piiif oat of that veaael waa equal to mi ulllt WC'sM ia tV*J If the injefti<w bvies is to them had been sufficient to permit the passage of that quantity of water from the tan.I of the dttin. Bat llr Allen, fn hi* "sagacity ' had Bade those openings only seven in'bee in diameter, and, as a cuaseoi.ynre, the pa.jp* >u. 1 ax hli more than one fifth or their ctpaeity, while tbe slap w u> gradually sinking into the cavern.- tfc- -elontle^ ? Seen. What a hoirtble Ccne' There w>a tbe'power to lift tbe entire skip oc>. 01 water in fur ty n< .notes; there were the pumps ?o sere sky,, if tlie bole b*d been four tm*-*- ,n !nrg< am it wi?A, and there one hundred aiiJ fllty human beings parished bcause Mr. Horaue Alien, who would perart no one to instruct him, had such passages to those pumps as that tbey were practically useless. I would not have that ?wfnl s ^eee on my < onscien:e to own the world. Let him answer this who can. You all know, (ientioaeu, thai rdupaof the Cune: l Line have crossed the o.-?on with holes in their hot- \ torn as large as that which sunk the irctic, and 1 large enough to sink them in an hour if the engine had broken down; and yet they went safely, be- ' cause their pumps could take up the water out of the bilge and ttirow it overboard without difficulty. j And as to the Pacihe and my private conversa tion about her: Her fate is shrouded in mystery and mine but God knows the horrors of her lurs My triend is abie to assure us that sue alack the ice and sank. It may be so; and I hope that was her fate, since lost she mast be. Bat when she 1 left this port her engine was so arranged by Mr- I Horatio alien that she was liable at any time to i swift destruction without the aid of ioe or any other I external cause; and when we speculate upon her probable fate, rational men naturally would assign a cause they know of, rather than sees for one they do not know. The Pacific had had a Stevens' cutoff from the irst, although Mr. tiicklesnad desired to pat on one like the Baltic s. The performance of that ma chine, of course, was a failure, and Mr. Allen ma?t remedy it He would net duplicate the (Nickels cut off of tbe Baltic, her -inter ship, for the world ; yet be must have a dr jp valve made adjustable, and his " sagacity" worked it out. Now, gentlemen, you see that in theSickels cut-ofl' the steam valve opens I with a positive motion, which is necessa/y for safe- j ty ; because if the valve remains shut till the mid dle of the stroke, and then opens and continues open for the remainder of the stroke, the engine will cer tainly go to pieces, with the most terrific destruc tion. Ir, however, yon open the eteam valve with this positive motion, and desire a drop valve, you j must trip it,?but theu you have a Sickels cat-off. i Mr. Alien, therefore, in order to escape the humilia tion of using that, attempted to epen the steam valves on the Pacific with a pump, in which the valve, in effect, rested upon and was raised by a co lumn of water confined in a barrel between two pis tons, one of which was provided with a valve to admit the water when needed. When the engine raised the lower piston by a positive motion, if the water were solid between it and the valve piston, the valve would rise : and when it had gone np far enough a small cock opened, permitting the water to escape from between the piston*, and the steam valves dropped and made a cutoff. But whether that barrel was full of water o: not, depended on the working of the pomp. If a particle of solid matter got into this trap, the pump valve woald choke, and then the steam valve would not work ; but worse than that, when the engine " ra sed"? that is, ran too fast, as it always does in a following sea?the pamp has to act with great speed; and in all case* in working a pump quick* ly, how likely it is not to fill with water! It it did not fill the steam valve woald not open till further down the stroke, and when it did open the en gine wt old almcst certainly go to pieces. And aU this was done to avoid the Skkels cut-off, which Mr. Alien admits is the best. Now, gentlemen, did the Pa. ific strike the ice, or did a fearful crash arouse her slumbering passengers, amid a rush of atcam and a blaze of fire, to look a horrid death in tbe face, without an instant s warning or a hope.' 1 shall not linger there. Tne hear' shrinks from tlie fearftil scene, and we -hall never know till the great day of judgment wiiich it was. But it it should true that this ^reat experiment on human life baa so ended?1 will not pursue it A steamship ought to be defined in tbe dictionary as a vessel that can neither sink nor burn, and none should ?>e jwrmittwl to go to sea till her capacity ?o save herseil has been tested. See how true thir :s. Her en (fine power can liit tier weight in five mi nutes out of water, If applied, as it ought to be in c<s*ot accident, to that purpose; and bow could sbe sink ' Her boilers are a fire amnhilator of the giandest proportions, and her pumps can ttood her deck in an instant; and how can she barn.' Bat mo long as sueh people as Mr. Horatio Allan control the constrnetien of shins, and spend their energies and time in contriving now to avoid a patent, instead of how to make a good ship, the lives of possengo a will never be *~fc. Pardon me. gentlemen, for this digression: but I could not pass over the attempt of my br jtl-er Cat ting to we-ken the force of my statement* bctore JOB. ly giung a mistaken view of a private oonve. ??ation between os, without vindicating mveelf fr mi the charge. I a?i <juite willing to submit to yw>, gentlemen wh ther sn<-h statements as I hsve f ? <n [ here compelled to make in self defence >r- -u' !i s to excite a smile or provoke ridi sole, as my broth.r Cutting used them t? do. And 1 believe I do not rl-k much in -sying that if Mr. Allen Lad l.eea at his counsel's ear to-<lay. as he was jet-teniav. we sti. old have heard nothing about tbe" An ti< or I'a ciiic, for that gent tman knows that I know the whole story. Mr. euiughtoo?Oh, no Uoobt Mr. Allen is a bad man. Mr. Dkkereon No, sir. no. Mr. Allen is not a bad man; bat < od m..d? meu for dffierent pur poses. and did not int-.-ni Mr. Allen for an en gineer?that i?al!. iit.t, ger tletren. Mr. AMen was in this paction: be nau committed h.m t f ag.uust this invent i np to the jwn* of reje tir.g it from the Ar tie, ai.d h?? ,-r ired to the dignity nt an en^-it e-r. If hi ,k . kno?Mg?d bis error, it hui.ibltd the nridc of t'.e CI.-It e?:?bl;sl.i .-nt over wb;< b he j re-ideJ, at ta? ? ???of a man who owned no spot of earth nt.i a d' bar of money?ami tha' was tor u-nch t ? do. Vt t the pi opes, tn,.; Mr. wiak'es ha>! i.i.de r> nd> . . this plan neees?.uy to the art An adjniWiblee.it. oil i I ,ind thr I mils r ro in of the No velty WorVs iontaius a wilde.nes- of brain al??r il l.? ? <d in itie efl'MI to . i. jifM* Ml. >| k 1 |ni?"Tit. Meanwhile, there he stood at the door. w? ting bread, too happy u> -ell ins invention for any price, to b .y mea;and Cre I >r his lit>'*0D*?. Ihtnemler. i.-"ut.eaf!i. Mr. Allen i , m.t? thi- to b the :ir*< jnd yet ail this o< curt? !. ? i last tt>- m' nnt.?in lslstred (gain and liroujot f?r(h a m .use. ?'ho w . ha'?e.t,ie wit,1 lt-< pj? f nitv < now it, doabt. ihs jnt?nt elaim- !l?- a fi'int'n t.i. mi i,nt Mt aUfn, with cliaiacseti-v nioc'e ty. <ji? hitr- the h nor. ,nd feuemu?K- a ?r,.'- ? t W r. W ??,. who b? - !m en pri'iused a wiirn??, nreJ who h? *at herein csirt d rmk- ; ttw; and * 'io to. ,. t-e stand. I'ut, , men. theie ,?the rrathlr. and i* is limply a ? r t topvol thr SeKelt. patent, e.\ ejit in -,h( iov.i el ???? ? w?l,..iit en -hzU uov?i:j ,t de: u x*ry *ve;i tbe ;? nn of many of the device*. ?r,d wii' n ? ? u - or... to ? .d Mi - k.'!-' c.v. .t <?: : ' 4. in wh ih he <h -1 rl s-- 'hat ok-thod of loeeting .>1 when yo < ?'< ? " it Mt ' n <l:v 4 ir,- t,,H> , ?s hi* snd that Vr.V e!i? d.-e- not j>+rr toattem,'; t els m It <>n the ?ta: s;tvo.,rh ..slenut, i,?ly t,ara..? 1 U Mr. All- n Itr, *: Ui n hi examina'.oV von r , jy t -ail to iO:ii ft t.,e ? ,-dor; < f m leurt.e 1. dver- i ie^ in rr'u# ml ; era.it :e? *> t'rare I ..s .. , to do. that Mr. 80 kcl' snowed tlw-- vera ?'< t ?ii< to Mr. Allen him?*if. altho gh >o? m ?thaveU?n sticck w ill the eff.onteiy of tae juuku coun?e., s ho. in h's ofientEi. r*:>rou. he 1 me w tha failure u'. prove thia fart, alter hav ug ? anvio- ed hi- Honor, in $:t airrmen*. that It t?a? in <>;npete?t, and tha' i' nuaht to 1 e ruled ot t as it was When ttti? mfriagsttiett was produced and pu'. toiward b) th" Nsrslty Wotks. there was an euu of Mr. *irke; ' iha?<e to fell h ?. He has told vou ?i? n -itiar- hi? brother, a cleik .a the Castem I louse, earning his daily bi? ul- bixself atriygling airamst t.overty and want ttliat eottld he do Tne dratu men ot the diCe:ent ?bot,?. of e-sir?e wmlj oi., j lw n< 4 of the Xisiilj nnt?., aixi a lont their cca tone and even the goremaeat. wki n has I^n Mr. hickels' ensf^mer lor a few ve?s*e|? transferred ita pstronage to the new machine. What could llr. "i t t ela do? fiipp?-e.ln thl? emersemy. he hid ? 00 a tight for a 'art*! of Sour, or a I'm of corn. a? I hav- to d> ul.t he wmi'd aa?e <h?nf. wliata splen did pi?att wrntd ?>e n?r against 1 ;m I think T e-'Mitre one ?ay, " Sr.e Aye, fntismen. that is veiy gi.od for ? man w.tfi a [>0. ket full of money, le t 'or a man * I n uxds the Beee**ariet of lite, al nt do )on ay I?id it ever oceur to >ou, gent ir wen that tl.emivih ge to ai h a concern as the .Ntveity Wot kg. Wbe:, txteaded to a man witbont a dt far. is net jUj.i' sr, ?i ;n val is t < tl?e 1 ight of ap ??al to ths Zw.lotieal glv<n to a frog wke? a paek of s*-h ?' lei; ?)a?djc-f collected a talc f of paving A /?*? on the margin of tho puddle, w.th a view t?i an a ?n it P it never did, I r oi>nend the cemjartsoa to jour c*n-i<ierat on. I ma wv yonr-elt n his piece. ?nd what wrulj von ?,?>. The 'Ntjir of In ?ftipss w'H n t iisten wp.hoat a f?<*- he 1 iiiDot: and will joti he a Is ggar? Tbe fe? 0 en Of m?sn? von know will -yj thev do >1 it tuidn slant! uteh th I'/s.snd with the natnral rant.m 'I l ti>ire#? tren. will ?n^ge?t that r.o d nbt If y ? iiiieti'ion ia rnl':8tH?' the shops will huy it; bat?irj|| 1 ai.d "all ibventors tbink thev have a great ?!<*;" J and when ynn sre f' ot .they will say "Poor fello*! peor felV.w' if he only would do something a?eft;l, I ?m Ii as tiling up i^n 1* .t u. might make a llvinc j| VMatcan^oti do? !'? pair and die' And that is what they ronrf r/n who have robbed yrm. Hut a letter fortune, I tru?t. awsita my friend. He bds ? ?d *nd after ?trnrglmg for ? year to bring this eati-s to ti ia! at this tiar. I have at last lirongbt them e to facr- the iafririgi r and hla v ictim and you have eeti and heard tl em both. Ton have heard Mr. Horatio afire describe the proce?s by whi-h he ha? rtestrojed the market valne of tbis patent, aad I wil' < all It to | our ?inds In the for? in which it I told:? Q. Mr. V.teu, is it uot perfectly oerUin?<ia oer tain at any law 'if nature?That, other thin^ beir.tr fnual. the epRinf in whin the rot o#' rWtse* the n.oie rapidly, in tLj more economical of ??onl't A. It id, in the proportion Uut the speed of cks.ng varies. V- Did you ne>l know, when you put thin cut- -fl cd the M-:tr j^olio, 'hm the ?a^iue would re<^u.rc moie coal than if the valve cKmed rapidly, am n>t^ gested in the patent of Micke'.e? A. I did; but I * js not r?npoL'^ibIa f<?r putting Ui?t cat-off an the Metropolis: Mr. ?mi<h did that. Wbst an answer! What humiliation ! Is this the same Mr. Allen who, a few boon l?fdre, watt exalt ing bin-self aDd hie draughtsman upon the pedestal of their patent ? Yeaterday, *>b? word ot C ' ?ar n^k'. have -.ico- aga .fc*. ibe world. ? Bat to-day bow changed?driven to disclaim ths recpeoHibillty of applying the machine which be vauntsd no loudly before, and to shift it off on auo thrr! Seated in big banquet hall, surrounded by his courtiers, tbe ooward oonacience of the tyrant con jurt'd up the ghout o: the murdered Ban ono?murdered Dot by bis band, bat by another's. With quiveru ( liei-h and starting eye, he exclaimed to tbe pier its ot his disordered brain? Tboa caurt not say I did It I ^eatcd here in this ball, surrounded l>y hissatelitss, the cowird conscience: of this tyrant oonjnred np be f bo-* of 3,000 tons of ooal doomed to a tiery de eti action?not by hia own decree, bat another's ; and as be gazed upen is, like his prototype of old, the exclamation curat involuntarily, bat with or. isl power? Tboa canst not say I did ft t Bat that bound does not -lear the net. 1 hold yon yet with a grai-p of iron, and there is noessfi'*-. Another question, if you please: Q. Mr. Allen, have you not pat similar cutoffs to other people's vessels. where yoa have the ooetrol and *he responsibility ? A. I have. What do yon think of that, gentlemen? How bold the scbeTtie! Tbe whole steamship interest, is *unominated in order to suppress Mr. Hickels' inven tion; and the merchants of Wall street, who have been used t > look ujion Mr. Allen as a miracle of skill, must now feel gratified at tbe reflection that be has been using them to defeat Mr. Hickels, to tb'ir cost about one-tifth of all the coals horned on their ships. What an armv this autocrat commands, and what a power it takes to crash oat one (Jod given intellect! The cost of keeping down Mr. Sickels to the steam interest of New York since the Col ins line started, has been not less than $."<,000,000? all paid out for coal, and boned up with tbe regularity of tbe laws of nature. Col. Borden's share'of the expenses alone has been greater than $200,000. Tbe battle costs Mr. Allen nothing, as he does not pay the coal bills; but its truits are al! bis, as he sella his cnt-tiff, suppresses Mr. Blckels, and oomes to be considered an engineer instead of an engine bolder? which he coold not be if tbe public knew that Mr. Sickels had made the inventions, and that all tbat is left is to build the machines. Bat, gentlemen, per haps yoa think I overrate tbe cost of this war. Let ns near Mr. Allen on that subject. He hadadmit'ed that tbe Sickels rut of was the economical one, a ud I tested him on its economy. Q. What is the loss on the Metropolis by sl >w closing ? A. I do not know Q. Have yon never seen the indicator cards fr om ber engine, which will inform yon of that feet? A. I have. y. .And did yoc never take Ihe trouble to colcti! >te one ot them to see the loss ? A.I never did At this point I was interrupted by my friend- <>n the other side, as 1 was about to proteed and show tbe exact quantity of loss, and was not allowed t>> g<? further. Now, gentlemen, what do these answers mean ? Mr. Allen knows the boat loses power by this application of the machine?knew it when he t nt on the cut-off?has the cards which show jist bow much?and shuts his eyes to them and will n?t see. If be bad not known the loss was enonuon->, would be not have calculated it, and been prepared to my that it was trifling? Would be not have had the itoms to a hair, so as to prove that although he bad levied contributions to support his war on Sickle*, they had not been greater than tbe community ; ei'ght to pay t? suppress a poor apprentice boy wl.o presumed to know more than tbe entire Novelty Works ? Yes. gentlemen, we woald have bad all that iu very <xact form, probably altered a little, ai tbe models were, so as not to operate against the de endaits too strongly. Now, gentlemen, what answer is there to all this? My friends on the other side felt the crashing blew, and endeavored to avoid it. bat f *ind unfortunately tbey did not know the facts as Mr. Allen did. He kr ewthut It was no use to light,hot they didn't, and tley rushed in. 1'bave seen a gallant mastiff, confident of his own >trength. and utterly ignorant uf the character oi 'be animal be was attacking and tbe danger he in i urred, thrown into the cage of a sleeping tiger. Bravt as nncousctoasbess of dingerouid mitke him, be rushed in. There was a ?o.ap, a yell, aid all was over. That is this case. Brr ther Stougbton bewail? O. Mr. Allt-u. considering the whole ma. hine to pi tl er. aa well the economy ot coal ??*? the working of the rugine- arc there not some dirts olties in tbe Ki. keii cut ef. which compensate for the saving uf coal? That qr.estion wa- t< rrilic: I pitiod the po.?r vi - tlm Horn my onl! How lie mu>t have writhed when Lt I ? ard it' Why. Ut?tber Stonght n, don't vou te ce b'e tthat was the theory of W9. !'.atth? Uaitichas ' mu?zle(i Mr. .\il? n on that. He would have In-"h a ?will witrie- * lietoie tl?- Ba!ti< came home on h< r first tilj'. But <!<? *jmreh m now' Well, gentles eu, lit ns bear Mr. Alien: ? * There might be sn< h a difficulty. Y< ?, s?vs ln>tber StoughUn tliat i? it. Tbe *?d cen 'losing of the valves creates the diflicul') ? II en rane icy turn again:? ij. Mr. .Mien ba-< the urt-ofl on ti e 1 ..title e-vr been out o< order or needed repairs since it ?t*ru?i. A. N? ne exiept the ordinary engine repuirs. (,?. Ts tbert any wre Oi/Ii :nlty in ke< [xng (!,<? r toper Sjckels-cui-otf in order than tl'^n hi > ,ch .is the ntr oil the Metropli" iu o dor.' A. No air. Now, BcntS men, when you c in-id< i that fli< cut i ft on the Btiltb lias nth "ome yt?r?. sud that tii? Mitn polls bus hrokun aosn entirely miw -iuco s >?: -tnit?d, I tbin). w?> will let tnis rest tlwre. In (u-. srgiin.f lit en this point, ray brother rst sieht >u dropped Mr. Al tn and t-s>k ref>ige in Mr. Bartol; bet silt a 1. <ir>uiatinv nn essity was tiiat.' !>oes i;f t Mr. Allen knrw?Mr. Allen, the great engioet r of ^ sll stirct? the huL'der of tbe Adrii^ic?the eu (U r?er cf tbc- to railed t'loud engine, * hiise woodrous }owei? had eilipstd lr>th ?team ami air? And is it ne< essary to appeal te u draftonian fci contrvlie*;on of jenr os n ieuOer? Th?*e answer* of Mr. Allen are ibe ot es which his Cdinsel ?ay' -'nn^ bin." and jet beweu'd rather sn^nut to tbe Lii< thane.vpUin away treir efieet. least he siioald he tbouvb? to Iran too mtKh to his own side. An, gentlemtb, 'be ?tini <>f those aniwr r- is incurable. Mr. .'lea would have extiacted it if he oold; but 1 -?it thttt.ar.d be teit 'hat! Vou. penth men, se>- b><; a g'snx- of 'he mi^tuMe < onditlcn of this sftair, out Mr Alien and I knew it all: ?ad Iu my prcsein-e be wi.u'd ti< t dare to my tuat be had n</t coii.pelied his eustiiuers to psy nt lea?t twenty per est on the r eosl WL's in Aider to ?i?taiEi lum on tfce ]?ede< 'sl <1 vi-Di'* wh;< b wealth bus ei.?U?d him V> riise andj t-ser to -u-ta n And I now clve his cot.ri* 1 Dotiee, as i bur? fr.v> n h<m notiie sod I <h-*ire it to ho lerslt'sd to tue world, :l?t wbenevei Mr. Allen wirhes to deny ill s in ?ouit or < ut erf orsiit at ttw b?r or tf'oie tre victims of his s.:heiors. I will prove it eut of hi* i wn b outh with"ut ti.e a,d ot another witi e*?. Mr. f's:tol ? opinion on tbe matter I slu?H u-t eiiKKSf?It isn't iiossib'e for h m to kne an epiciea Ills ca e i* tl at erf ttie silij man who on-? ??n stk?fl to tbe vreat Or. .lobuson. ?? tiny ??alk<d e.i.t of ?N'.r'.h t?'gether," A very tine sermon, I?o ? tor; " t .i?e likely," was the le<oni<'tep'y, " but it ?ir*} e..Jb!e'bat yen shoii d know t. V v 1 to:ber tut'ii g argu?s tlutthe Nickels cut off ess nt le a goed invention, not* :ih*t*r. din,. Mr. I >* ? ti's admis?ie? I eeause he say* if it hsd been It scr ii '>a*e gt r.i nto more general ii*e. l<et io<; f >p ain that. Ym ne the pteodentif aeompaiiy o' yeas' 1'ieoi s nho have clul>btd your money to I u,,d a )?'at. ^'e.n go to tbe \orelty oik* or sn eftgUfl: snd yvu tia*# lieard that !>i<kris' plans are the tewt. Vim suggest with tr.eue?ty t the great man in whose I'e.-'t.re jn at' ii'her'd, ti at )ou would pie r nsse ) Ian*. With gfst |*?Ht.n? ?? of manner lie tells )Cti (list he will build any ?or' of ?>n((iti? yo? tr-j) iy frr, hi t it the ?air< tiros mlorm* jou that if y u Of.ie b in to le ie?por.>il>ie for the engine ytii tw ?t le?v* it to l.im to settle the plan*. Vou *<-k s i?h tiWenee of yenir oan iu<lgiiirnt wiiether tb<? piat s jm gest .ne not tl>e Is ?t; and be re I . es sitl "sn air of offender vittne that he in not diimrto ir?' !?< the ?cbeires iM tbe >e>ung man. : n?il ,s''ki)?.of whom he ba? lieaid, but only * >l.es to hate, it aidetstood that h<' will not take at i k- If ihr-c plat* sre sdopUd V> hat can vou i ' Yr?a*e'be truatee of yo.ir fri< nds nd date xeii 'sue tl e risk of deriding acainst Horatio Allen r*l ?? alh when >on kn- w that he uss it in his pow rr?ew?! e vfnr ergine fail Met certainly not; nr i*}i - o , hr no' to unle* um <i-.de^tand it your St If j.erfretly. snd then get tue assent of |our friends t<> tlii ri<-k. Mr-ai.whde, wh.it i?ti>me* ef Sickels ? j Theie ?s <vte test to which I propose to bring thi- j ?C f-iieri: S?uppo*? seme jsrson who, having contt rtinee In Mr. Alen's skill and lategrity, h is pur efctsed .-s engine from him under the repifvntation fb?t it Is tbe be?t. ?fnd should now bring an action a^simt h m. and on tbe trial prave that be e?lrait(e<1 , M ir rs'b In a (ourt of Justice that be Ine w wlien f " Id the engine that !t was not the heat, and ?fr- <d f'.r'bet pf *e that It had < ast him 9>>0 a dav N r iral mene then the liest wo?14 have coat, and svif pese jon were on the jury, what would you ??y ? Sueh a ca?e way srlae before this flaht is over, and I commend It to the legal contemplation or my teamed freuds pa 'he other side. B?;, udjBi ^ brother CuUiag, haw '^b tkua M?

Yon mj ob' machine is a bad one, aud yst claim *wpex>sa?.ion lor its value. 1 will tell yoc. There ate tat, invention* here the one for closing the eteani valve instantly, to effect a ?r.t->n, and the other to repniats the tine of eBeoting the oat-ofl, wb? t'aer the valve cioaed uwtantly or gradually. All side a a jiii it Mr. Sicken to havo Invented both of these improvements, and all admit them both to be valuable How much the tirst one will save over the old pla-j is not in evident, but it id admitted u> be the Vioet economical. Hew much the second oue will nave, is in evidence; atid that is not tag than four per cent, and from that to ten. In piratiug there inventions, the defendants, in order to hide the theft, have oast off the tins'. an<1 only use tn<? se cond, whereby they gain from four to ten per cent on the old plan; but if they had taken thsm all they would have saved much more. Bo it tnrns out that they injure both the inventor and the public? the one. by taking hia invention 'aithout compensa tion, and the other by preventing the inventor from selling it in i'-s purity and moat valuable form?and tbey do all this in order to aell a patent right, ad mitted to be inferior, for a great price on the one hand, and to suppress the man of merit, whose re cognition would cast into eternal oblivion su:b "mock-tuitle'' engineers aa Bartol, Smith, Horatio Allen, ft id omnt gtnut. But my brother Cntting says that we complin that Mr. Allen will not use our improvement, not that he doea u-e it; and he added, witl aa air of ilo hance, you cannot drive people to do anythiat;. Pardon me, if you please, wben I deny this ch*rg<; We do not complain of any such thing. We admit the right of Mr. Allen to use anything he please>- ; but we complain that Mr. Allen stands iietween : s and the public, who desire the beat thing from whensoever it may come ;?who care nothing for Mr. Allen or Mr. Bickels ?who would not Day three cents tribute to support the pompons magnificen e of the Novelty Works if tbey knew they were doing tt- who are imposed upon by great swelling words of vanity to onr damage and loss. We complain that Mr. Allen, standing aa the trustee of the coun try to disburse 1*00.000 a year, under the name of mail pay, which is in fact a fund given by the people for the encouragement of American geniua and -kill, has used it, aa uc admits, to suppress the best thing, ai d to advance hi* own private ends for th ? basest of motives. Weclaim that Mr. Siokels havintr produced the best thing in the world, is, according to Mr Allen's own admission on this stand, oue of the beneficiaries of this fund, and we charge that he bas been defrauded out of his share of It, while tlw public have su/Tcrt d still more. If the proposal hid gone to Congress to pay these immense ?unis.to swell up the bursting bubble of Air. Horatio Aden's vani ty, would it have-1 een gra? *ed ? You and I,gentle men iay our share of this, and we knov what re meant by it. We meant to encourage American ge nius in the race for succcaa, to produce the beat re sult, and we never thmckt that our trustee would b s reduced to the humiliation of confessing in the wit ness box that he bad m>ed that fund to suppress the best thing. And especially do we complain, that after having used all these mighty agencies against us, and dri ven Mr. Sickles to the point of starvation,you now set np the miset able prices at which he was com pelled to sell oat his inventions to buy bread for bis little ones, as a reason why you, overtaken in yatir career of cruelty and oppression, should pay no more. It is for yon, gentlemen, to say whether that plea shall prevail. Gentlemen, I cannot pass from the consideration of this ease without calling up some of its incidents, which stronger than the testimony of witnesses, re cord the plea of guilty to our charge. You recul lect, gentlemen, that in putting in my evidence. I oflered the letters patent granted to Messrs. Allen A Wells, and tbey were ?bjectod to. The usual re sistance in sir li a case is made by the plaintiff, and not by him who?e title deed is sought to be intro duced. (lis Honor remarked that he supposed, <1 course, the defendants would put in their pa'en'. and he askf d Mr. Cut ing whether it was not their intention to do so. You all recollect his reply. He said no? that thev had considered it better to try the cau?e ? n its merits, without introducing any extrinsic matter?that tbey had resolved to stmpli fy the ?|ue->tion aa mueh as possible-- that the only Qi'<stiou aas whether the engine of the Metropolis wa.??n infiingeineM of cur patents, and that the weie ready to tiy.and not to try two patents agamv. emh other. His honor then ruled out my offer, bit I gave notice that 1 should insist on introducing it Liter in the cause in another asptct?that is to ?on tiadkt Mr. Allen, and his Honor remarked th? be wonld tlectde that <|iie-tion when it arose. Tl > cause went on. and I Old introduce the patent wrh ciosLing <fleet to eontruilict Mr. Allen in respect ut the question of tripping, to the intense disgust of the defence generally. Wben the defence w<nt to pieces, and became the most a mpiete wreck I ever saw in court, on cross examinatien of the defendeut himself, it was neces sary to seize some plank to llout off the survival s, and all nt once it was suddenly discovered that this patint wastbe plank for the drowning man: and in closing, my brother Mooghton placed his case chiei ly on iliut, with a degree of bolduess and with a sin cerity ct exptes?ion peculiar to him. But that plant will not swim, as his Honor will tell you. Another thing: In opening not a word was Mid aliout the oiigiuality of the 'nrention. That wax conceded, as we.1 it might i e, tor every witness of the defence admitted that Mr. Si eke Js was the lir-t man ia the world who ever lilieruted a valve troniits litter t? tflect a cut-off, or lor any other purpeae, and that ):e??s the first man whoever regulated the period cf \lxiat-nK by cwh mean* as these. Wbc.i I the wieck occurred, however, another straw was floating niar by, and that was Bennetts engine on | the I'isj.aUh. anu ltenncit called. Of him 1 <lo not speak, except to make (a reflection -which i?, that when t?od permits a knave to live, he alws\s make" a too', to that the disposition to do miaehief may tail ot extcnt.en (or the want of ability to guide it. Alter beaiing bi? testimony bis Honor ruled it .ill < ut. on the ?e)l settled principle of law, that aia> at-widened experiment nurts bo one. The pate- it laws r? ward the man wiio doea the thing?not bi n who has only proved, solar as he proves anythir?. tha' it cannot be done. That plank sunk. Bt.t these two elloits, muds in desperation, after the i.(fence relied on had failed, are an adrtt<*?ti?n e?)iial to a ]ilen of guilty, Gentlemen of the jury, th?- series of wrong* inflkt ed on this invention would have bcea inooaplete unless suiniounted by a si ecimm of meanness no'ii contemptible than ever ua* Leen seen before, in a court cf justiie. Ycu see. gentlemen, that the eon* tro\eisy is im t a>s?it a envoff, nor jet ahou'. an nd jostike cut-ol??these llnogs arc oid?^iut abcut an adjnstil.te cuto!11apahle <*i a.iiintment while the : engine i* in mution^snd a' all |h inta of the strok<*. ' A mac hire to do tuat i* ju?tly considered very valu able. and Mr. Alien has ttoodeJ the country with en pravfrg* paratlins the * a<lju?tihle cat oft " as hi* invention. You all know ?#? w that this was sn im ptuicat | retenr. but it prou> ho? valaaMe he tbci ".'lit it to <s, an>l how far be w >uld dare t<< go In otd< r to M i/.e iL Be'ore tfit" c,?n*ei w;h half tioish cd. Mr. Allen saw tbis adju-tible cut oil slide out of bi< gias^i. lik- water thj<;iigh ? sieve. What cotil I he flo"' iheie was one r^vense yet had?one more irjury vet to be inflicted and tie seized the op|-< >Muuity. Heauiulli.it after all, the invention was rcirt much vn.ue attd that in his opinion noen?n?e ovplit to lie b jilt to cut-oil ,t ni'<r?' than hali-strokr 1 --ked lum whether it wi? not ?erv iinportant n a l ?ad -ca to < nt-ofl lenc r than halt stioke, and be sn d that if it wa^ (be engine "ught to i<?ll?w full 'tn.lc w.d not cut oft at ill. I h i gested that 'iieie mUht be si.'h a state of wc..t cr that it wntild ^ ? l ie t" ''itofl mot< tiian ba'f ?tn'k?". and y>-t net m.i-tf t > sti an. n?? < -*.iry t-. full stroke; f>ut h?? dcii cd the p? --.hilitv. I then ventured to e*pre^? ti t : ? i>? that Mr. S > >>< ?- had not ? one the art ot er.f nering un> ?eil<u? luirm by iriving engines tie cjipai ? ? t to < m line the emergency micbt s<v m to require; and It wa? a ?reat relief t > me to kmar li st >n Mr. Alh'ii oilsmci.t lie had don?- noaeri-Ki miM bief. Now. geptlempT. what do yon think all Cist ??ai" la ? ue-? t'i" irratrtlcatloB It ia to cive this .n?? ntien a l-sil name, now that it is to I? wrested tfii lum be is t.iiparinir to fal' back upon t!>?? ? an r t of Mi. hM k^ls. of 1-4'J, wkirli eip rerl In Mav lB*t aad is now public pr*imrtj, Imt which daring its I'ifitiine was b? l"i:dly denounced by this ganjr I p iste- as this nn?is now. and this j,,e<'e sf awenintr >? the preja'stien tar that retreat l.et ns follow him to ihe Novelty Works and the second si, Mt .Ii tics, I'resident nt a ?tram?hip eori>pini . is i\ t(i?* ced with ail tie crr<"mopv of au eni|>eror'8 ? ctirt into Mr. Allen * "anctiim. Mr Alien is a dif feiei.t man tbcte. uentletnen. from Mr. Allen in the ?iti.e-? "taml. There a cios-'l of draft*men cm ?o >n his aolemn face "?olid ehnnks of wiwimn wbicli they ne\er ara f?ermitte<l to cut out, and shkb. therefoie. grow in *i/*\ The engine diivera. who dej?end on his appnintarnt. lounge in the ,ir>< rr ni to await hi* appesranc?'. Mercl ants, about to l u ll steamsliip". ga/e with a?toni.?hineut st th ? jvrtt'ifs of ingioes 'ning npi n the wall* ami mn.. r?ntlv believe that all tnesr marvels caae isit ?f It,. Allen's brain:? Aad atit! tbey tar*<. aait still tl?? woo 'er *erw, flaw oa? swsJI beaS emilil carry all be knew. Put hoe, gentlemen, the scene rhangea. Tlod fa-t by ti e law ts the stake of that ><tand till f was done Bith 1 Im, it wa? necessary to M:nout tlie er^tents of thnt head on the table liefere yon: and who t n "leg^arly atcoact of empty hnxm" It wasf II* a>.m M'd be rould not explain tb* difference l? tw?en the two machines, with th* model* t-> help him to doit! lUit Mr. Jones ia waiting, nod kt us I dstea. Mr. Jonea Mr. Allen, f have eome hi order an erjine for our new ship; n?r engineer* te4l ns that we must have yowr adjnatible ent off, *. that we can a?t It at any point: etir present one git en us trouble in a heavy aes. and !a*t year onr ship wa<> aeirlv lost on a lee shore for want of your valuable invert tien of sdjiiatibility. How much extra will yo?i eb?r|ie tie tor its n?e? Mr. Alkn Much obliged to you, Mr. Jones, for ?>y invention, bat the troth it, tbat the Novelty Works hove bod that matter under coawderaiion. *ad are satisfied that by some ill luck they Bale * inwtake in recommending this thing. 1 a?*uie you. Mr. Jones, it is the otily mint ike we evei made, bat the nrst time muat happen to all accident*. We are now determined to use no cutoff nevoid boll stroke. Mr. Jon**?But this is very remarkable. Our en gineer was very particular about this, and told us that you had recommended the change yonrsel Tbe cut-off we now ba?e is an old tashiooed Siokels cut-off, which goes np to half-stroke only, and that in tbe one wh'ch we want tmproeed on in tbo new *bips. Do you really recommend us to retain that fort in ihe new >hip ? Mr. Allen?Not precisely. Yoor machine has a " dai-h pot*," we should call it a " controlling ves sel;" and we should exercise our "sagacity" in ar ranging tbs time when it would work, so as to " radically change" the general concatenation of the seini spheroida), double eccentricity of the tog gle joint (n tbe mainmast, so as to constitute a " valve gear," which we prefer to any cut off what ever, and ?' wbich is a harmonious whole," having " no abrupt motion" or ?? sodden action." Tnis is very difficult to explain, Mr. Jones, but you under stand it ? Mr. Jones assenis, 01 course, and retires, exclaim ing. what a head! Thus will Mr. Jones' ship, and ail others, be built till this pateut expires, without capacity to adjust during the entire stroke; for Mr. Outtmg tells us we CBBnot compel people to use our invention. And when tbe laws of nature assert their superiority over the woiks of man, and some unfortunate steamer, wi'h a precious cargo ot human lives, goes ashore' Mr. Allen will think It very strange that theopinlons of tbe Novelty Works are not better respected by I tbe stoim ?' tbat blowetb where It list,?tb." But Mr. Allen is not the first gentleman who has taken consolation in oursinar tbe property of another, whl. h he has bleared when be possessed it. him-iell'. 8ambo bad filched a rabbit fiom his master's war ren, and aa be carried it along under hia coat, he so liloquized thus: "Oh, fat bonny, good for stiiw KHofc g^.for,.??"P'' *hat a stipper for Dinah and tbe babies. Just then nuss gave a bound, and was gone. I'oor Sambo looked w&tfiiiJv at her tor a moment, and exclaimed; -Oh, go home you half starv ed, long eared, pop-eyed, cotton-tailed varmint, yoa is enough to pi/.en any one to eat y hi. yon Is! Gentlemen, do you think that Sambo's es timate of the value of tnat rabbit under these cir cumstances, should control the jury iu assessing da mages for its theft ? B Jfow tine to its first pattern is human nature! The story of a thousand years ago has its counter part to-day; and in tbe fable ot the jackdaw and peacock we have the type of this case. The jack Caw had plucked out of the peacock's tail some , feathers, and fixed them in its own. How he strut ted with those feathers which the richness of the bird of Jove had furnished, and how his little circla i Wr? 1D ku* glory! If there bad been engraving in thote days, the jackdaw would have had a pic ture made of that plumage, with this inscription: '^jackdaw's expanding tail."' But tbe peacock missed his leathers, and the jackdaw was arraigned before the other members of the flock. "True it is" said the jackdaw, "I did not grow these feathers myself? they came from tbe toil of my friend tbe well feathered bird; but 1 claim furnishing the moveable tail In which they are fixed, and I refer you to my well feathered friend to prove tha' he grew the feathers." As the instigation went on, however. . Jfatber teatber iound its way into the tail of the long bird, wuose damaged plumage showed too plainly whence they had come. The well feathered bird stood by, but never opened his mouth, nor made the claim whicb tbe jackdaw had promised he would make; and in despair th* poor jackdaw at lait wowed that the peacock had stolen the feathers himself. The assemblage broke op in derision, leav ing the poor jackdaw explaining to his astonished aomiieis the disadvantages of long tails, and the great merit oJ short feat tiers and plain plumage. 1 am met, gentlemen, by the extraordinaiy argu rccntthat Mr. fiickels never did use the invention with the way of lowering tbe valve described in his caveat; and that therefore the defendants ought to pay no damages for using it in that way. 1 recollect the time when J would have treated this argument with the contempt which it deserves; but experience has ta- gbtme a bitter lesson on tbat very point, in tins very court, in tbe case of the patent of 1842, where 1 despised such an argument and left it unan swered, ana it killed my case. The answer is tins:?The law requires tbe patentee to describe the best form of bis invention known to himself and the reason of that law is, that the public may have the beat information in consideration of the protection which they contract to give. If the io ventor bad put in his patent a worse form than tbe best, he would have committed a fraud on the con tract, by holding out to people a false statement; be would be equally unjust if, in practicing tbe inven tion, be abould impoae upon the public the worn.-, when he had the better way. But how does that exeofe the infringer, who takes tbe invention and degrades it to base uses. My hone can be ridden without a saddle, as well as with one-he is lit for both uses, a thief steals him out of my stable, and rides him off Ure back. He is arrested, and bis counsel proves by me, when tilled to identify my property, that 1 never rode the horse bare back, bU always with a saddle, and further, that 1 had always raretul y avoided encouraging people to use Uie florae that way. W hat a splendid plea that would i make r T1 e facts of the case have fallen on your minds t>nt to create mifeigned astonishment and wonde r \ou, gentlemen, aelected fiom the various walks or hie, cannot comprehend tbe conduct of Mr. Horatio Allen, and the others who have joined this crussde against Mr. hickela: and I cannot let it na** without unoriiig the explanation. In tbe production of an eumiie there are two classes of person* needed, die tinctin their office and duties?the engine builder and tbe engineer. The farmer is the man who owns I the shop, hires the men and makes tbe contract- tbe Htter the man who designs tbe work. Any one'can e an engine builder who has money and chooses t> bc.v toctJs and filled Ia'.or. It ,* not even ncoesaarv to that cn ce thut the person whoexercise* it should i> "K nlse. or Irurn the came* of thmgs, and a cer tain jargt u a Unit ''harooiiioui a<tioo/r "valve gear, "per'ect motion,' and the like; but these ra pacities do no harm.aud at times serve to impose on tbe ignorant for tbe real gold of knowledge. ?The re la no more reason why Mr. Harper should lie a?Led to write noetry like Byron, of novels like bulwer, beeause be manufactures editions of those woiks with his tools and machinery, than there i* thut ihe engine builder sboold know anything about a steam engine because his tool* and ma blue, r ?M.llt it. Tie paralh! I. just atd parget. 7 Bet the engineer is another cteatnre. In tlie gieat scale of Iwlng which with <;?d Is*tin. there ui nj created intelbgence which approaches him in ??*** ,0 th* tnighty architect at whose nullin g tbe vast machine of the universe came into King - whore (tinning hand moulded the wondrous mtcbani-m of our frames?he stands, creating out of the airy fabric of the bruin to* msgic forms which Iie\, r die. Look buck upon th<- track of tjrne. ?n i ah?t hutires itaarcek. Hcte ai.d there upon tbt* strand a aolitary monuvent of lite.at tre. of marvel loaa beauty, out of tbe millions ot books wfilch baic dil.ghUd their milllans of men??utvivfM to tell us tbat the rest bare perished; but every . nation of the engineer. Iron the first dawn of usy to tlx- pre sent hour exists among us. As time toiU on it l?t widens the circle, and adds glory to tbe memory of thc^e whose works snrvhe them. The names ot millions bare perished, but tbe thmights fbty thought will never ,|le. Their Ueesings. like the air and Huht. are now our dafir life, but when we reflect we know there was , .v !L ^ (lid "ot exi#t. and that the art of the engineer prodnced them all. (irilized men have reared tbeir mor.iiments. and worshlii at IrrK. / ' i 7 , ^n'pte. wh?a* loftv arches spiang into the skiea, ahore the trees of the forest, and the palaces of kinjs. errcte.1 by ? great "J1,''" ,.r,id ('f*"ted to them, |s the world s tribute to genius, tbe acknowledamerit of the masterr of thr in nd An I ?tood within its crystal wall' imlgazod into its gorget ua dome, tbe shadows of the mishtr dead i. solemn pomp ,^e<i bv. Arehime 1?. 1 a<on, snd Watt snd Kulton, tiuttemtieir t.alnni a ho"f immor ? ik ii. , J.^ ihaOoWy outlines Uieir mighty w.tk?the priming pinw, the warn engine, the '"?"?ing steamer, the unernnir ImTJ1 i ij,' ar'f ''-"nnon. The )K)wers of earth attend the ir foots!rps, fhe liffl.tning of heaven obeys tle reommatdfc My s nl dr^nk In the inspiration f mf,D'- ft,ld I fhe dignity of mv call lis. U ho wonld not Joito that g|..Hous brotf.et'hood' Ah.gentlenen, that Pl?h of glory Is narrow and tough, snd few theie be who have the strengMi to ellmb it. Eury a> d jealouay ate Uk> ?h avr a load for tbi.t ?teep as enf. Oppression and wroDI' h^ive do place in that pireregfrn. Wealth cantot bur }M)ser cannot comaaiui, even labor itsetf can not in-uie access tbe,e. ?iod given genm* mud uh! ,ot?' f?r^ Ua ???*'? ?- through thr d-ik ?h.u ow of porsrty and care, of dis*,^,.- , ceptempt. Yet many who ha\e it .dbd in -ne s. haols of the world, and who confound simee* wKJ, merit, think tbat ibey con dare the fli?h? laov bate seen the magt, key of *old ,tpta th^ mJanes ot kings, and command Uie adoration of tf,c mnl' tnt e and they try that mean*. Of these u thi^ tfefeidant: who iielleres tbat the .,?Wrr ^ Wr?|tll csn s'cnie his entrance. And how has be m ide th effbti? By crushing those who stood lwfore him i? tbe ,?.th. By dragging dowD to ,he eaS S? 5 the sons of genlns. wbo?te fooUrtep ..iready was on tie pe'ital, wh'i h opens to receite Mm lfet \ l> now ink ns the faflure' After the stru*cle of re ,Z tbe < iicle has lieen run, and yon har^ 2 ^ vaiteed a foot, and y??n never can The glory .,m. daha Is to have done ?n old fhing^ 4a wor?e way Uitn WoNM; and what passport Is that? Ihls. gentlemen, is <the secret of f liT^e ff Mr AI>it,ermit.Mr.8icV,ela to live, he at^'ce sinks to his true position, and Mr. nickels Is the engineer: ?therefore ^his pride and ?unitr sny?kill! (lod in his proviilenee does no* onfer all hi* bless ings on any one man- To M r A Hen he has (riven overflowing wealth, infiueitii 1 irendfl, exalted sta tion, and that other gift-- the |?tw?v to do geod?so rich if used, so fatal if abc-. d. What more onght be to desire/ The flock" ?vd herJs are his, and tho cattle upon a thousand hill*. Why should he seise the little ewe lamb of this p-'or man. How I etivy bint these blessings! Mow 1 would invite the strug gling sens of genius to my a; tnal How I would sup ply their wants and aid tli? ii .teps! How f would gjow rich in the blearing r> ot tl.e grateful ones, whose aspirations I bad given to t ie day, and whose weary path I had made lighr And how the marcb of improvement should keep 'ep with the sun in bia coming: not go backward* a- <1 downwards, as now H does, Uke the ran in his ???? 11 ? ? i??. The history of this litigation has been written be fore it was acted. It is the I>' tory of the litigation ol Watt, with one exception." liicti w that Wait hod some money and Siikels J'ermlt me to read it to you out of the work > Bourse on the steam engine:? By some intormlty ot humac tare, men wbo retpecL the rights of other pir perty ? inn seize without com punction upon that which ba* spruug out of the hgfaest order of mental exertion j and of ail manufacturer*, there Is to klrnl whose wares ur? i,ai<l i >> wuu a* mdsn reioc tmce as tas manufacturer ot ui- the Coru:?t m ners paid the proportion or n?;n. ue to the patentees with the unatlllngnee.i eatur?t to mi n ?vbo conceive that nothing faaU been done to f?ro mv i> rewards, ail ooajy of them eagerly aought (or .? j> ?? euca ?o break the grceroent into which th?y r.,.,2 , rtered. Tacy . ai.ate i ancel and supported a s?t or jrrat** <vbo left no means i ntried te wrest Mr Watt's taveutl<m from his grcsp ; and to formidable Uid this oonte ? i j.:yoocome, tha. .c 101 mperlfect Mats ot the patert Kw ; ? nioh then otiu ned, Jir. Watt appearsto haveenti ru:, i serous doubts oi ms abl'lty to ma:nta.n bis r'tnt* . ivchinatloui-o1 the cabal reached ? head in in v h year an a I'm was bfgun against a Mr. Boll, b/ who . stteral of the mine owners were n-pree'cteci, lor i!,. -nctlcu of aueu;.ae od> llr. Watt'a plan. The pirates o it ce?? Is usually done In tbe lark of a Nutter argumoM '1 it 'no patent vu infor mal from the wan'o precUior e -..prclticaUon. a -its ? bf not able plea at tbe bet'., lor . houeat person wool J! atumpt torei/f upon the prop rt tmother, nv-re.'y no ae:ount of a technical Daw in tli' n two of tb* .udges however, cal td liuller and i'u.ii, thought tt\<? pikiuF objrctlon ot weight: though If 1 >def .f stirs Kyreanif Kooke looked upon It ss imm:i ; ?.!. As the Court was Uividtd equally, no judgmcBi * i- ?ivm; and thit being; looked upon as a tort of dtfeii veral other '.ntrlntr* noenta were besrun. In 177V, r./?nver, the patenleor ci mbieoced another action bfn ir^geicent jo thj Court of Ccmmoc l'lesc, which ?n ih'.s iccaalon was -tgaiast Meisrs. Homblower and Ma ??r:y, and a-verdict was given lor the plaintiUk. A tmn r ?h? was tr.ed la the Cnirtof King'r Bench, and tue Ju:< s there were -.inani moos In aupporting the right* o' tue patentees sgainkt tbe cupidity of me l.tij'ou* ti'i ?"'ayuien who aspired to legatee the# robber.e*. is incomprci.cnr.iiie to ua how a man of I . a itty, whicB Horn blower cortalnly was. could d tc-ua 'to such arts at attempting to rub a brother m< < bu.i.c of the frulU of h? iDgennlty and perseverance; a> ' -t sre still m'<-e st ? lots to scoount Tor the bluer b- ny displayed oy Pra in ab throughout those trtals. who tried hard to make it clear that Mr. Watt had to right U .ny patent wca:*ver I If Mr- Wail bad no snch right * bo ii the nameo be?Teir evrrhad' And of whstreolgt> would not unverasl homsnHv have be<n itefrauc 1 Walt bad been dis couraged irom procec licg turttx r at the comKencemeot of his career of imi<rivioent > s the steam esrtne, tsys a kindred spirit, that Iodii ' he battles of I'.urope, and which now enables us to n>a . *a theardu?n:s strug gle In which we are still engase *nh oountnes less op pre?ied with tszation; no ti a- u.- ? the blender threnl of Wall's prosperity, which a court aw might tare readi ly severed, bang the welfare o' rm.ona aud tbe repose oi the world. Kortnnaiely lur hnn. nature. Wall s pjny rival. Bramah, was rot hi* and the dlfBouttiea thrown In hs path, ss they were usutSeient to tapeda his progress, only stimulated his i rcrs to more aruve exertiOE. For Watt read Sickels, and foi Bramah, Allen, and the record is complete, up to tin- hour. Whether buc oess shall crown onr efforts, as it did his, is for you to decide. Gentlemen, you haVe heard fn>m his own lips tho Btorv of this inventor's life it is tre old story; the world knows it heart. It is written in tbe blood of tbe martyrs in this holy cau-e in every age sinee tbe world began. It is inscribed on the marbl? monument < reared by succeeding generations, in cold mockery ot the embittered tile and melancholy death of the public bewtsct r* of the last. Wa have learned it In onr school b<? ks, and we see it in our streets. Our blood grosis Imh with indignaUoo as we read the record of the pant; but, likath# Pharisees of old, we bear witne-s rnto ourselves that we are the sons of those who * m-ed the prophets, for we let them die in oar mid-t. Tbe story Is soon told: toil?poverty?disease? contempt. The taw's delay, Tba intolenca of ofllce, and t tpurns That patient merit of the u ir .hj take. make up the melancholy catalogue. Hope, that omes to all. has nearly aicd ou , or only flickers a baleful light to cast a glemi on the desolation ? round. There be stood. Pises** has left its pallor i a his cheek?poverty and ca> e its furrows on nut brow. Bnt when they hnnte j him to the wall lie tumed. How my heart bounded in sympathy and uniton with his! The wnt bed present fjded froqg bis view; the long years of h >p? deferred, of pmr ty, disease and death were iion;. and the dream of happier dsys iose before bis n it d with al! Its pris tine ftwhiw. The temp e ?<? ? ?me. whose r idiant domes have been so imperishaMy traced on the liv ing canvass of one of our own great painter*, grew near and bripbt before bis vision, and he heird the music of the immortal choir. *tilcb ever sings th* praise of genius in its cten>al aisles. "1 meant," said he. "to do a thing which when the light was over, and I had gone, should yet live. I mean? to leave a record to my child" n which would cot dis grace them.' Ah, gentlemen, there you h-ive th? whole ?ecret of the inventor's hope The golden ap f'lts which Lis genius planted, which bis tear" and hi* iie Mood watered, have turned into ashes for him: tml there is a heiealter where the robber cannot - ma there is another tittle life which will breathe but name when be is gone, and which will yet feci tl?c joy denied him now. But a few words more, and t am done. I stand here, not as the counsel, Mit th? ftientf of this inventar We sre bouud together in a bond of friendship, which I trnst will never tie se vered till the grave hieaks its links. I have sworn to hsve jnstic* for hint, and I will have it. I hava svked It mildly of the oppr^mir. and be ttfuse<| with contempt. I now d< truind it here. I may fad now. for I know the mighty power arrayec again?t ns. and I know from sad experience thai the law i? "?U11 for the strong too weak, the weak too strong.'* Hut 1 will never give up the pursuit as lo: p as I have s dollar to spend or energy to act Other* have aided me. st.d 1 that k them from the >. jtu>rn of my beait. My noble friend, whose invaluable advice ami seivices 1 have bad, has performed a labor of love, and it is right thst you sbunld knots it. It is one of the privileges of his profession that its profe>sor* enjoy, to vindicate the right and re buke tbe oppressor, for tbe sake of justice and truth slone. and It is a privilege to be prised and nobly used, ns he lias used it. But, gentlemen, to yoi we must look f r the fruits oi our efforts. Ry jsur veidict yon an re puhe this injured man, and send him back ag.un mote desoL te than ever, to the tender merri*. uf his oppressors. Kutth.it is no great matte", lien die. brokenhearted, every duy in oor mulst .,nd the world goes on; we e;it, and drink, and are happy. Oiw.mnre or le*. is no matter?and. besi le- he ha? not mneb hope. That flame of life is almost > \on4 ed in him : and I have not fanned its embeds on th?r hciirth. once before we were just as r.ghi, ,.nd just as sure ss jow, snd failed. Bnt there is s wider significance to your verdict than this. Yon are desiding the most im-ortmt cause which von ever beard. You are pro ,.t>tn hr to the sots of genins. struggling ugxlost adv^mty snd oppression th.it there is a sanc tuary of safety lor them?a refuge for the hunted head that , ?Power at those hoaata Mope and calls back her battled hoasda - or you are surrendering them to the tyrant s power, and proclaiming that there is no hop? rot them when wealth and cupidity combine ..traintt tbent, and pride and vanity cry havoc, and let slip tbe drign of wnr. Which will you do.' Wt iiwJt jour veidict in trembling ro<p?oae. *?np?Tl?*r I antl. Before Hon. Judge Hoffmtn. iMt >ctio.n IM mi casi op ?? balm or mat ?a*n fLOWKSS."' Nov. R ?Tlte Jndg" ordered an almolntc injunc tion Ui issue in a suit brought by William P. Ket lidge, tbe proprietor of this celebrate; article. gainst one of the first drngglst* of this city- - whose name we for tlie pre?an'. withhold-for tbe at'emat to palm npon ihe public a sparioua article under fw? same title, ffot ut? bv one 111,*, of Boston, wlilch in wiP< tioD iwin thft following wordu:? Hoppman, .lustice?" it sp| earing satUft 'orilv o me by tho romplaint herein duly verifleo |>v niilavlt of the plaint IT, that snfficlent grounds Tor n order oi Injunction exist. 1 heiehy orde- that the < f t noun's, their nttornejs, srdicltojs, cocnsd!?r? scents and m rvants refrain from selling or offering t(.r said, directly or Indirretlv, any prepujt f,0 t'triHund manufactured bv them or bv ei'tier o( them or ^y anr other person or person- than the plaintiff or the flrm of W. |?. KetriAge A Co. node, the name, style oi tlenomination of ? ba'm of thou -and flowers, or aelllng ov rfferln? for snie anv pie) aration or compound having printe.1. wrltr^n or slumped on the bottles containing tbe **me the ttotds" balm of thonssml fl wers?'or b^t n<t w using any tel?i or wrapper, printing or devW in such bv "niUtirtn ^ thov. used l>y the plaint'ff or by the Hrm of W. P Ps?n.!?? * O, to designate o/dlstingui.h tbe^puSutrfSn paiation or conipouad vnally known s? ' Balm of thenssnd flowers, until tbe further order sf this "!,/!? 2*^! '?"'?dience of this orW"- vos wil If llsb> ?r> the p-^isbment thenfor prescribe.I hy law.- !>?ted New fork, Nov. 8, I8."i6. Mi mux Moi /mas.