ph.--Smith's report.--Departure for Europe.

I have incidentally mentioned the caveat in the preceding chapter, but a
more detailed account of this important step in bringing the invention
into the light of day should, perhaps, be given. The reports in the
newspapers of the activities of others, especially of scientists in
Europe, led Morse to decide that he must at once take steps legally to
protect himself if he did not wish to be distanced in the race. He
accordingly wrote to the Commissioner of Patents, Henry L. Ellsworth, who
had been a classmate of his at Yale, for information as to the form to be
used in applying for a caveat, and, after receiving a cordial reply
enclosing the required form, he immediately set to work to prepare his
caveat. This was in the early part of September, 1887, before he had met
Vail. The rough draft, which is still among his papers, was completed on
September 28, and the finished copy was sent to Washington on October 3,
and the receipt acknowledged by Commissioner Ellsworth on October 6. The
drawing containing the signs for both numbers and letters was attached to
this caveat. Having now safeguarded himself, he was able to give his
whole mind to the perfecting of the mechanical parts of his invention,
and in this he was ably assisted by his new partner, Alfred Vail, and by
Professor Gale.

The next few months were trying ones to both Morse and Vail. It must not
be supposed that the work went along smoothly without a hitch. Many were
the discouragements, and many experiments were tried and then discarded.
To add to the difficulties, Judge Vail, who, of course, was supplying the
cash, piqued by the sneers of his neighbors and noting the feverish
anxiety of his son and of Morse, lost faith, and would have willingly
abandoned the whole enterprise. The two enthusiasts worked steadily on,
however, avoiding the Judge as much as possible, and finally, on the 6th
of January, 1838, they proudly invited him to come to the workshop and
witness the telegraph in operation.

His hopes renewed by their confident demeanor, he hastened down from his
house. After a few words of explanation he handed a slip of paper to his
son on which he had written the words--"A patient waiter is no loser." He
knew that Morse could not possibly know what he had written, and he said:
"If you can send this and Mr. Morse can read it at the other end, I shall
be convinced."

Slowly the message was ticked off, and when Mo