r's right to rank as the father of the telegraph, a son of
Vail, one of his collaborators, having claimed that his father, and
not Morse, was the real inventor. The most august of all bodies of men,
since its decisions overrule both Congress and President, the Supreme
Court of the United States, has shown rare wisdom from its inception,
and in no department more clearly than in that regarding the rights of
inventors. No court has had such experience with patent claims, for no
nation has a tithe of the number to deal with. Throughout its history,
the court has attached more and more importance to two points: First, is
the invention valuable? Second, who proved this in actual practice?
These points largely govern its decisions.
The law expenses of their suits seemed to Boulton and Watt exorbitant,
even in that age of low prices compared to our own. One solicitors bill
was for no less than $30,000, which caused Watt years afterward, when
speaking of an enormous charge to say that "it would not have disgraced
a London solicitor." When we find however, that this was for four years'
services, the London solicitor appears in a different light. "In the
whole affair," writes Watt to his friend Dr. Black, January 15, 1797,
"nothing was so grateful to me as the zeal of our friends and the
activity of our young men, which were unremitting."
The first trial ended June 22, 1793, with a verdict for Watt and Boulton
by the jury, subject to the opinion of the court as to the validity of
the patent. On May 16, 1795, the case came on for judgment, when
unfortunately the court was found divided, two for the patent and two
against. Another case was tried December 16, 1796, with a special jury,
before Lord Chief Justice Eyre; the verdict was again for the
plaintiffs. Proceedings on a writ of error had the effect of affirming
the result by the unanimous opinion of the four judges, before whom it
was ably and fully argued on two occasions.
The testimony of Professor Robison, Watt's intimate friend of youth in
Glasgow, was understood to have been deeply impressive, and to have had
a decisive effect upon judges and jury.
All the claims of Watt were thus triumphantly sustained. The decision
has always been considered of commanding importance to the law of
patents in Britain, and was of vast consequence to the firm of Watt and
Boulton pecuniarily. Heavy damages and costs were due from the actual
defendants, and the large number of other inf
|