vfcoru vapest*

A SELECTIVE MICROFILM EDITION PARTI (1850-1878)

Thomas E. Jeffrey

Microfilm Editor and Associate Editor

Paul B. Israel Assistant Editor Assistant Editors: Toby Appel Keith A. Nier Andre Millard

John Deasey Leonard De Graaf David Fowler

Student Assistants

Susan Schultz Assistant Editor Research Associates: Robert Rosenberg W. Bernard Carlson

Pamela KwiatkowsUi Joseph P. Sullivan Barbara B. Tomblin

Leonard S. Reich, Associate Director and Associate Editor Reese V. Jenkins, Director and Editor

Sponsors

Rutgers, The State University of New Jersey National Park Service, Edison National Historic Site New Jersey Historical Commission Smithsonian Institution

University Publications of America Frederick, Maiyland 1985

Copyright «■ 1 985 by Rutgers, The State University

All Rights Reserved. Mo part of this publication including any portion of the guide and index or of the microfilm may be reproduced, stored in a retrieval system, or transmitted in any form by any means— graphic, electronic, mechanical, or chemical, including photocopying, recording or taping, or information storage and retrieval systems— without written permission of Rutgers, The State University of Mew Jersey, Mew Brunswick, Mew Jersey.

The original documents in this edition are from the archives at the Edison National Historic Site at West Orange, Mew Jersey.

BOARD OF SPONSORS

Rutgers, The State University of New Jersey

Edward J. Bloustein T. Alexander Pond Tilden G. Edelstein Richard P. McCormick James Kirby Martin New Jersey Historical Commission Bernard Bush Howard Green

National Park Service, Edison National Historic Site Roy W. Weaver Edward J. Pershey William Binnewies Lynn Wightman Elizabeth Albro Smithsonian Institution Brooke Hindle Bernard Finn

EDITORIAL ADVISORY BOARD

James Brittain, Georgia Institute of Technology Alfred D. Chandler, Harvard University Neil Harris, University of Chicago Thomas Parke Hughes, University of Pennsylvania Arthur Unit, Princeton University Nathan Reingold, Smithsonian Institution Robert C. Schofield, Iowa State University

CORPORATE ASSOCIATES

William C. Hittinger (chairman), RCA Corporation •Arthur M. Bueche, General Electric Company Edward J. Bloustein, Rutgers, The State University of N J. Cees Bruynes, North American Philips Corporation Paul J. Christiansen, Charles Edison Fund Philip F. Dietz, Westinghouse Electric Corporation Paul Lego, Westinghouse Electric Corporation Roland W. Schmitt, General Electric Corporation Robert I. Smith, Public Service Electric and Gas Company Harold W. Sonn, Public Sendee Electric and Gas Company Morris Tanenbaum, AT&T

FINANCIAL CONTRIBUTORS

PRIVATE FOUNDATIONS PUBLIC FOUNDATIONS

Alfred P. Sloan Foundation National Science Foundation

Charles Edison Fund National Endowment for the Humanities

The Hyde and Watson Foundation Geraldine R. Dodge Foundation

PRIVATE CORPORATIONS AND INDIVIDUALS

Alabama Power Company Amerada Hess Corporation AT&T

Association of Edison Illuminating Companies

Battelle Memorial Institute Foundation

The Boston Edison Foundation

Cabot Corporation Foundation

Carolina Power and Light Company

Consumers Power Company

Corning Glass Works Foundation

Duke Power Company

Edison Electric Institute

Exxon Corporation

General Electric Foundation

Gould Inc. Foundation

Gulf States Utilities Company

The Institute of Electrical & Electronics Engineers

International Brotherhood of Electrical Workers

Iowa Power and Light Company

Mr. and Mrs. Stanley H. Katz

Matsushita Electric Industrial Co., Ltd. . McGraw-Edison Company Middle South Services, Inc.

Minnesota Power

New Jersey Bell Telephone Company New York State Electric & Gas Corporation

North American Philips Corporation Philadelphia Electric Company Philips International B.V.

Public Service Electric and Gas Company

RCA Corporation

Robert Bosch GmbH

Savannah Electric and Power Company

Schering Plough Foundation

Texas Utilities Company

Thomson-Brandt

Transamerica Delaval Inc.

Westinghouse Educational Foundation Wisconsin Public Service Corporation

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QUADRUPLEX CASE VOLUME 71 - CONTENTS

Atlantic and Pacific Telegraph Company v. George B. Prescott, Western Union Telegraph Company, Lemuel W. Serrell and Thomas A. Edison. Superior Court of the City of New York. ~

1. Testimony for Defendants.

List of Witnesses:

Philander E. Wilson Agnes E. Blodget Edward E. Quimby Joseph T. Murray Lemuel W. Serrell William Orton Gerritt Smith George M. Phelps, Jr.

George B. Prescott Moses G. Farmer

2. Defendants’ Exhibits.

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CITY AND COUNTY OF NEW YOllK.

The Atlantic and Pacific Tele- | graph Company

'i against

GEORGE B. PRESCOTT AND OTHERS.

Hbakiko Besumed, May 14, 1877.

Philander 11. Wilson , called for dofondiuit, sworn.

Direct- cjaminalion liy Mr. Dickerson.

; Q. What is your residence and your oflleinl position 1 1 A. I reside in Washington; I am in charge of the digest of assignments; making abstracts of title, and in addition j have charge of the records ot assignments myself ill tbo Patent Oilieo of tlio United States.

•j Q. Look at tbo book now shown yon entitled Transfers of Patents, Letter U, 18 Patent Oilieo, and stnto to tlio Court wlmt Unit book is.

j A. It is n record of tlio assignments of tlio inventions and patents of tlio United States Patent Oilieo.

J Q. XIow long lnivo you bad that book in your custody I A. I lmvo. lmd it in my custody sineo iiliont Juno Gth, 1371; it ciimo into my possession at tluit time.

J Q. State under wlmt circumstances, it any, that boolc may bo or has been withdrawn from your custody.

;} A. In ease ii copy of an assignment recorded tiicro was desired, this book would go from my possession to tlio

4 clerk who makes tho copy and would remain with that clerk until the copy was made mul then returned to mo.

Q. Under what other circumstances could it ho with¬ drawn from you 1

A. It would he withdrawn hy tho commissioner or chief clerk, or assistant clerk, or any examiner in the otllce that wished to read an assignment. He could take the hook away himself, or send for it until ho Accomplished his pur¬ pose and then return it to mo.

Q. Will yon ho good enough to show tho Court tho record of assignment of Thomas A. Edison to Georgo liar-

5 rington April 4th, 1871.

Mr.. Wheeler : I dosiro to put an objection nowon tho record. Tho purposo of offering tho hook, I suppose, is to show that tho record did not contain this word that was in the original. The point wo mnko about that is that wo fulfil our duty when we send a paper there to ho recorded in tho Pntunt Otlico. 11 through any mistake of tho copy- ist tho record is impcrfuct we consider tlmt that does not make tho original defective. I dosiro to mnko tho objection now to receiving tho record in ovidonce ns tho paper itself

6 is before tho Court. I don’t ask your ilonor to rule on tho point now.

The Court : Tho witness will show mo tho hook at all events.

(Witness hero shows tho record hook to tho Court.)

Q. Will you stnto to tho Court whether tlmt word or” between tho words mechanical and telegraphy has been interlined there.

7 (Objected to on the ground previously stated. Objection overruled. Exception taken.)

A. It hns tho nppcnrnnco of being interlined.

2 he Court: It speaks for itself tho question is perhaps objcetionnblo in tlmt point of view, hut I don’t understand tho counsel to put his objection on tlmt grouud.

§ Mr. Dioltoraon, : Wo will hnvo it photographed.

“j Q. Also is it in tho snmo ink ns tho original record, if (Objected to.)

' A. It is in different ink.

■, Q. And different pen ? is; A. Yesj it scorns to ho a different ink. ivj Q. In tlie months of January, February, March, April and May, 1875, wliuro and how was tho seal of tho Patent Otllce kept i g

A. It was in clmrgo of tho clerk who had charge of making copies.

Q. Was it whore it could bo used hy nnyono 7 : ■' Q. It was in a room that never was locked, and tho seal itself was not locked. .

■:j Q. Look at for instnneo tins printed form of a cortiflcnto, Which is auuuxcd to a cortiliuato datud April 14, being a .Certificate from tho Patont Olllco of a copy of this docu- iment. I asked where those blank certificates were kept, •and in what condition they wore kept— I speak of that . oluss of certificates - 10

Mr. Wheeler : I should like to know what tho object of that inquiry is?

| Mr. Dielicnon : I linvo no hesitation in tolling you. The seal of the Patont Ofliuu at that timo, and these blank certificates signed hy the Commissioner, m blank, ready to ho filled in by whoever had authority or might use thorn were open to anybody; at that timo they were kept in tho , olerk’s oflleo, and anybody could go and gut one— tho seal fwas open to anyouu. Since thu present Commissioner 11 .(uiiuo in ho has put tho seal under lock and key, and put tlio key in tho control of somebody where it cannot, ho so used. But I am speaking of tho condition of things when tlicso wore made.

■iff Mr. Wheeler: I don’t seo how tlioso things are material ; that is tho ground of my objection. It will ho opening

al instrument 01 wiin.ii bears on its face such u condition » that wont as to givo rise to ran- ween the parties nlreiuly. i tlont stata of tlm pleadings as to tlmt lilooviilout that tlioro is to tie cun-

it hesitate to toll my friend wlint 1

■twill bo called upon by the counsel lino whet her there is a word “or

m more besides. What is men noceed to show your honor tlmt w before you broke out that jjj e books of the 1’atent Ollice stir. ' w by whom at. present.

y bo and probably is competent

tlio .into wlion that alteration in tlio record was made. J ho paper that Brother Wheeler lias is the certificate of record. The record of what ? Why, whatever was under the cover of tlio cortillonto. It Inis no » or” in it. I7ow,wo ,mv®>

.will oiler in a moment, tlio eortlfleato of tlio 1 ntont Ollleo i 'of .Tammry -7, 1875, without tlio word “or.” Then Brother Wheeler 1ms liere tlio cortillonto or tlio Patent Ollleo ol ' ’April U with tlio “or” In. Those are the fences that do- lino the limits of timo within which tlio forgery was done.

' And now I uni going to show under what circumstances it was, and to show that this paper did not oomo from the . Patent Ollleo at' all.

Mr. 11 'heeler: You can’t show that. This is dated tlio : ' l ltli of April, 1877, and not 187».

The Court: Tlio only question now ' before tlio Court is 5 whetl, or it is competent for Mr. Dickerson to l’1;1 the blank forms on which the eort, (lea os More habituallj .issued were accessible to tlio public at largo.

1 ' (Question waived).

: f n Xnw. I will ask you to loolt at this copy, and wo wll

.Mr. Wheeler : I would like mi objection noted to Hint to The Court: As a matter of judicial notion I cannot put: tlio same point, on the sumo ground ns Hint previously [ion the record without consent. stated.

Mr. Wheeler: Then I innko no admission.

Q. Was tlml manuscript, copy prepared in the fatal mice }

A. 1 think all copies aro made by ladies in the Pates: lllce, ami I don’t think this is a lady’s handwriting; I juldn’t say positively, though, whotherall copies are iiiiiA y them or not; but 1 think that all copies are made In idles.

Q. Aro tho copies from the Patent Oftleo examined, ant mrked examined, before they are cerlilicd f A. Yes; they are examined, and the initials of the clal ho makes thu examination are put at the end of the cop; loy give tho date of record, I think, of tho instrniucr self, and then under Hint date of record the initials of tli ork who makes tho comparison or reads.

Q. ( liy ihe Court.) Tlioso initials indicate that tho cop; wlmt purports to be a copy, has been compared with tl icord 1

A. Yes, sir; and the initials of tho clerk who mmlo tb miparison.

Q. And this copy has not that on it, has it l

A. I don’t see it an where; i don’t see anything of tb

ind here.

Mr. II heeler : Let me understand. Do you oiler tlmtit .'idonco 1

Tho Court : 1 will tako tho evidence and sco wlmt tho practico is.

,.|A. Tho practice is, if nil error was inado by a clerk in re¬ cording, and the attention of tho oflico was culled to that and the original instrument in writing was produced, and after a careful examination it was found that an error did bbcur it would be corrected.

^Q. Supposing, in copying it, the clerk should have omitted a word and tried to interline it, whatwoiild be tho practico of tho oflico in correcting the face of tho record at the timo of making it t

A. jSo interlineation would bo made if there was no room to put in thu word without making an interlineation ; a por¬ tion ol tho record would bo erased, anil it would bo written closer and smaller, so that the word could go in in its proper place, so that it would not appear as an intorliuoa- tion at all.

Q. {By the Court.) lfow could that bo if tho omission was not discovered until after tho whole record was com¬ pleted t

■tA. It could bo done by erasing a lino or half a lino; if a word was loft out they could erase two or three words either bol'oro or after thu word that should go in, and then writo tho word in mid write that that was erased smaller, so that it could come in in its proper place, and tho record then would bu made without any interlineation.

~|.Q. Looking through that book, aro there any interlinea¬ tions iu it nnvwhcrof

Mr. Dickerson : I do.

nrginui note ; if thcrownsa marginal notu nr n paragraph the bottom stating that iitterliiieatioiiK or certain lines ere nimlu buloro signing. Hint would be put ti]ion the cord to show that it tvns n true copy.

Q. Like n Chinese copy t A. Yes, sir.

Q. Wns Hint word oi" in this rcoord pul tlierc with lur knowledge or consent?

A. No, sir. 1 knew nothing about it until this Inst tea >ys or two weeks; it wns pointed out tome by an attorney, Ir. l’ollock mill Mr. Dickerson. 1 knew iiolliing about it; int wns the Hist intimation 1 bad Hint there wns any roll¬ overs}' about it, or that there was any interlineation. I adc this examination then and saw it.

Mr. Didrnon ; Wo will offer that and furnish a photo- Ihogrnphic copy of it.

(l’lloto-lithogiapbio copy of the original record in the ntcut Ofllco will bo marked Exhibit .'17, and the cert illcd- >py of the record, dated April 1-1, 1S77, will be marked xhibit DU.)

'ms-examination by Mr. Wheeler.

Q. You, JJr. Wilson, as I understand it, do not supervist io copying of papers sent to.tlio Patent Ollicc.

A. No, sir; l have no control over that branch of the nsiiicss at all.

Q. Who is the person, that receives the papers wlieuthoj rat come to the ollico to be recorded!

A. 1 have charge of tho reception and indexing; I imike n index and digest of the ussimiiiicut. an index of it. and

tno uoo ic Kept tor taut purpose f A. Yes, sir.

Q. And then you deliver it to the copying department.

Q. Now, to whom do you givoit in tho ordinary courso of business to whom did you in tho year 1S71 1 A. la the year 1871, 1 gavo it to a man by tho linmo of . Statiniiis, who had charge of the business at that time.

Q. Thop ho had charge of the copying department !

A. He had charge ofcopyiiigassiguiiiouts— he had clinrgo of the record of assignments.

Q. Wlmt I call the copying is tho copying into this book ‘or similar books of original instruments 1

Q. lie had cliargo of that!

A. Yes, sir.

Q. And under him were numerous copyists?

A. Tho usual expression is recording.

Q. It seems to mu that copying expresses moro clearly what I wanted to getut the copying into the book. Now he had under him numerous copyists who did the manual work of transcribing into tho books kept in tho ollico for the purpose of recording instruments received, hail ho not!

! A. Yes, .sir.

Q. Do you know in whoso handwriting that book of ro- :: A. I do not, sir.

; Q. It is not in tho handwriting of Mr. Stntinius, of i A. No, sir.

Q. llow many copyists woro employed in tho ofllco in 1871 for that purposo ! 2

Ir. Dickerson. Tlio certified copy

lias the letter "l” in

ss-examinalion liy Mr Wheeler.

As I understand you tills supervision of correcting a ird by reference to tlio original was not under your ervision ; but so i'ur as it was under tlio supervision of subordinate in the olliee, it was under that of .Mr. Stat¬ us. Js not that so?

.. Yes, sir ; 1 had no control of the record of assignments opics of assignments.

. Do you recognise the handwriting Of tiiis irtauuscri|it ificuto which is written in tiiu margin uflixhibit it?

.. 1 don’t know that that certificate was written by the le clerk who placed those initials there or not j 1 think ; those uro l'uiiny McMahon's initials, and that would icato that she had niiulo the examination of this, j. lint the certificate is not in her handwriting! l. 2s o, sir; not in her handwriting : the record was made another clerk, and tlio examination or reading of tlio a'uiuuutwas made by Miss McMahon.

•. Is not this certificate here in tlio handwriting in ich the body of the record is written ?

!. And then tlio signature, Samuel A. Duncan, is in his

l handwriting 1

.. In his own handwriting.

Mr. Wheeler. This has the word “model” in it instead « modes,” in tlio second lino from the bottom or the fl: page. Wo object to tlio introduction of this copy on t ground previously stated in regard to tlio record ; also, the ground that there being a certified copy from t Patent Olliee of this record in it is not competent for tin to impeach either the original or tlio copy by putting another copy ; that that could only ho done by the introdi lion of parole ovidonco of the parties who had that ilcpii meat in charge, showing the net util facts and tlio Introdi tioii of another eertiliento on tlio subject does not tend impeach either the copy already in or the original rccc which has boon offered in evidence.

Mr. Dickerson : It tends to show what tlio stato of t record was at its date ; I think it is competent in tl

Mr. Wheeler : I would like to liavo tlio objection notci

J Vie Court ; Koto tlio objection, and that tlio document I'ecuivcd and that an exception is taken by tlio plainti counsel.

Agnes E. Blodgett, callod for tlio defence, sworn.

Direct examination by Mr. Dickorsou.

dcnco wore being offered by Mr. Wheeler, ho offered con- voynneos by a Samuel M. Mills to the A. and P. Telegraph J Company, marked 11 Exhibit M,” also the papor marked “Exhibit L " in tlie book of exhibits, all of which occurred after 1 had made the somewhat premature and certainly futile motion to your Honor to direct the plaintiff to elect upon which of these titles ho should proceed. Your Honor asked him to wlmt portion of the complaint they icfoncd to, and his an uer w is tl t tl ey enmo under the general allegation of a complaint. At tho moment I v a o c I at surprised, and thought I had certainly overlooked some n thing in the complaint, and nothing further was said I 8 suppose, however, it is not too late now to call attention to the fact that thero is no allegation, either general or specific, m tho complaint, which would justify the readin" of theso papers in evidence. I now propose, in proper form, to move to strike out of tlio plaintiiT’s evidence these two papera. Should my friend think it proper to amend his complaint so ns to conform to tho proofs, I suppose your Donor will permit him to do so ; for if it remains it will ho accessary for us to call witnesses that otherwise would not nc be necessary to the case.

Mr. Wheeler: Thero is a gcnoral allegation nt tho foot of l>ngo 2, and tho top of page 3 of the complaint, which avers that Jay Gould executed and delivered to this plaintiff', for a valuable consideration, an assignment of nil his interest in the Duplex and Quadruplex. It is not averred as specifi¬ cally as it ought to be, and it is desirable that tho complaint should bo amended in that regard, and I would ask that we have permission to nmend it, in order to conform to tho proof. , 89

Mr. Porter: I would like to have it sworn to, ns it is pro¬ posed to be amended.

The Cowl: Tho amended bill should bo verified.

Mr.lowmj: There is one other point to which I desire 0 call your Honor’s attention and that of my learned friend.

100 I find, upon a oriticnl examination of the complaint, that there is no specific reference to tlie three applications that lmvo been put in evidence here, and which are in contro¬ versy between us. The applications I refer to are 111, 112 and 113. I think it would ho belter to have this formally staled in the complaint.

Mr. Whaler: I think it would bo advisable to lmvo the bill amended, also, in that regard. Of courso tho answer will be considered to stand ns to tho amended bill.

101 Mr. Lowrcy : Tlint we cannot ngreo to. Wo may lmvo to amend the answer after seeing the complaint ns amended.

Om-iito Augume.nt or Mil. Lowittsy.

I lf the Court please : At tho end of nearly four weeks of ljoth l,nMic.s have received from the Court mu ml indulgence, especially in the extension of the term, ° , t0. d,sl,oso °f this very important cause, we feel

upon our side not only bound to acknowledge such indul.

2 Sb fw "SCn-°UPHn10',r t0”mit' as lmw

possible, wlmt remains to be done, so that this case can he

103 8»pl. Company of the right of title of Jh Harri!1?

die complain, and wo il.-T ° * "lotion dismiss

coA „■ £' 'r " r" -

1 are lllat no caso lias been

made entitling tho plaintiff to tho relief asked for, to make in,

that mot, on; but there are very strong wishes in the mind

of certain of our Cents that this controversy, which has been in dispute in the Patent Office, and which has been in the mouths of telegraphers for several years past, and in tho courso of winch many unkind and unfounded aspersions have been made, should have now a f„ 1 , Jcl ventilation, and, accordingly, it has been resolved to trespass further upon your Honor’s patience, and to put upon the stand witnesses, as much that our friends on the other side may have an opportunity of cross-examining them, which itw they seen, to need, as that your Honor may have before you evidence, all of it tending directly to refute tho testimony Inch has been given by tho plaintiff. I regret very much hat my brother Whcolor thinks it would not bo fair for mo to make a shorter opening than ho did. Since that intima- hon I have not had tho time, in tho condition of health in winch I have boon, to proparo an oxtondod oponing, evon if, our mow of tho ease, wo lmd not doomed it entirely un. necessary. Since our courso in the matter has boon deter. oTerL t'!a 'T"0t- md tho 0PI’°,’tu„ity to prepare any m fairToTh dTorc„ t °PO„ ' „=• I wish, however, to be perfectly fair to lie counsel upon the other side, and 1 will say that 0UBhl*nV>fa5°MOf 1,10 UnS0’ it nPP°nra to them that they 0‘™ r0"l'US any intinWtio“ in ro8urtl any point « 1110,1 may bo supposed to bo veiled from the n, or e I, w,s , we shall most eheerfully inform them. We have ortho 0r‘tll0r 111 t,1U of °P«ni"S arguments

lias u ? °f faots trusting that the little which

oced^to mil'll Wl Ist f°u„d tb be enough, we will pro- need to call tho witnesses for tho dofonce. 1 107

JaSej,h T‘ called by defendants and sworn.

Examined by Mr, Lowroy.

have boonln'f y°" aro a toleSraph instrument maker, and y™ 0 t°r some years past?

A- Yes sW 3’°U r0Sid° ‘n No'rark?

108 Q. You are engaged in business there?

Q. Do you know Thomas A. Edison and George Harring¬ ton, and it so, how long have you known thorn ?

A. I have known Mr. Edison since 1870, and Mr. Unr-' rington since tl c ci c t of the year 1871.

Q. Wore you in the employment of Mr. Edison in 1S70] and it so, whore and in wlmt enpaeity 7 A. I was with Mr. Edison in 1870, near the closo of that year.

109 Q. In Newark ?

A. Yes.

Q. In wlmt capacity 7 .

A. Assisting him in his experiments.

Q. When did your employment by Mr. Edison terminate, and in wlmt manner?

A. It terminated in 1872.

Q. By Mr. Edison nlono ?

A. I tlion wont into partnership with Mr. Edison.

; Q- ^hl you go into the employment ot Edison and Ear-

110 rington at any time during' tho period that you lmvo spoken

A. I did.

Q. When ?

A. January, 1871.

Q. Then your employment by Mr. Edison, solely, termi¬ nated whon you went into tho employment of those two ?

Y°u say cml loy nc t tli Mr. Edison,

111 ^ .and tlmt y°u 'v°nt into tho employment

themtmi8mnn'"’slon’ nnd continuod t0 b0 omP'°^d b>' A. I was partly with lnm and partly with Mr. Harring¬ ton ; I received pay from each.

Q. Bid you know of tho organisation of the firm of Edi- A JcT"8 187°' mid °f ll,0ir e°ine into business?

Q- Did they employ you ?

A. Yes.

Q. How long did you continue in tlisir employment ? 112

A. From January 9, 1871, until Fobrutiry 5, 1872.

Q. Wlmt was tho occasion of your leaving their employ.

. incut? 1 J

A. Tho reason was because Mr. Edison had severed his relation with Mr. Harrington in manufacturing, and I went with him.

Q. Wliero did ho go to ?

A. He had a shop in Hnilroad street, Newark, separate from tho shop of Mr. Harrington. ....

Q. lie wont to that shop ? 118

A. Yes.

Q. Previous to that time, wliilo you wero with them, was he always or principally at tho shop whore tho business of Edison St Harrington was carried on ?

A. Ho was tlicro principally.

Q. Participating in tho work ?

A. Yes.

Q. After tho time whon ho went away, did ho return to do any work, to your knowledge, to that shop, or to partiei- m doing? * 10 bUS‘"CSS Whiel‘ 12t]is011 * U«rrington had been

A. Never.

Q. Ho never did ?

A. No, sir.

Q. Did you lmvo any conversation with Mr. Harrington n or about that timo concerning tho sovornneo of the rela¬ tions as you have described between Edison and himself?

A. I did.

(Objected to on the ground that any conversation between 115 Bible- llnCSS !Uld ^r‘ ^nrr‘"St0" ’s not competent or ndmis-

Die Court: I think, in respect to third persons, that tho declaration of both to tho elleet that the partnership had evid nt n *>art’ou*nr l',noi >3 competent I will receive the

(Plaiutifi’s counBol excepts.)

116 Mr. Wheeler: I don't understand your Honor as passing upon tlio efl'eots of tho evidence.

The Court : Certainly n

Q. What did you hear Mr. Harrington say ?

A. I met Mr. Harrington on Broadway, and he made inquiries from me what Mr. Edison was doing.

Q. When was that?

A. I believe it was in the year 1873.

Q. Before 1873, at or about the time that Mr. Edison loll, 117 did you hoar any conversation?

A. No, sir.

Q. Had Mr. Edison gone away and remained away ?

A. Yes.

Q. He went away and had nothing more to do with the ... t mifnetnring was concerned. Is that

business, so far as

SO?

A. Ho loft the factory and never went back to it

Q. Do yon know of tho automatic telegraph lino or its business? Have you at any time known about n concern 118 of that kind in any way ?

A. Yes.

Q. Do yon know whether Mr. Edison has, at any time, acted ns electrician for that company ?

A. Yes.

Q. Whon did he begin to act as electrician for that com¬ pany ?

A. I cannot answer that,

"°w a PeriolJ time that you aro speaking of m 1873. Was it not at that period that you met Mr. 110 Harrington ?

A. After I had seen Mr. Harrington, Edison resumed 1,10 Autom“tic Telegraph Company,

at 64 anil 66 Broadway.

vnLlIhC",r,U m.0t Mr- U^rington, bad you any con- vcrs.ition with lmn in respect to Mr. Edison’s then business

Q* Wliat did ho then say ?

(Objected to on the same ground as heretofore statce Same ruling and exception.

v what Mr. Edisoi

A. Mr. Harrington wanted to 1 was to work at. I told him ho w wanted to know if lie could see him. I told him yes, tha •be could probably find him at tiie factory on Hailroa 1 street lie asked me if I thought there was any use of his trying t< get Edison back again. I told him I thought there was, on conditions; the conditions to be, that lie was not to bu in trrruptcd, and that he should have command of everythin* in relation to thonnlomntic system, and manage it in his owr way. 1 believe lie corresponded witli Mr. Edison on that point, and brought about an arrangement so that Mr. Edi son went there to work.

Q Where?

A. At (14 Broadway.

Q. That was tho oflicc of the Automatic Company ?

A. Yes.

Q. Went to work at wliat, did you understand ?

A. Managing the company, running the line; working tho system between New York and Washington.

Q. Did he return thereafter to the shop of Edison & Harrington?

A. No, sir.

Q. Alter the time of his leaving, in 1872, did lie par¬ ticipate in the manufacture at that shop, or participate iu ,l,n business which was being carried on there ?

A. No, si

A. I in

partnership with Mr. Edison.

Q. When did you go in partnership with him ?

A. February 6, 1872. o'

Q- In what business?

A. Manufacturing telegraph instruments.

<1- .Where 7

A. 113 and 116 Hailroad avenue, Newark, i Q- Was there any limit to tho terms of this copartnership * J'ou "lal*° with him? Was your entire time and at¬ tention giveu t0 tijU business?.

. By Mr, Lowrcy:

125 Q. You went to work under that management, and com tim|ed to work under it for how long ?

-'A. Until May 25, 1875.

Q. Wlmt was the firm name?

' A. .M urray & Co.

Q. Do you know whether Mr. Harrington know of the existence of this firm ?

A. Ho did.

UIKler l>iat <inn name did you do any business 120 with Mr. Harrington?

A. Yes, sir.

Q. Wlint business?

A. Manufactured automatic instruments for him.

A Yes sir'* rCt0iVUl' l"‘y U|,°" llia ordo™'/

Q. And received payments from him ?

. A. Yes.

■■ J. SZ'mCpS i's! “““l

m ,l,lw ‘•t'" ■■ J" '■*«"" «»», «

. A. Yes.

A. Yes °°ntinUed dUring tll0se thrco years ?

in^tho °VOr mako olailn uPon you that,

something for tl °f "S nccounts> *>« should be allowed A ?st SOrV1CCS°r Mr' Edison »'«• partner ?

tlic\n; .,.r i m!!* ll" nK sai(* by him in any way to

Q. Was the employment by Mr. Harrington, of your firm, partly regular and constant during tins period ?

A. Yes. j

Q. You imd regular monthly settlements with him?

A. Yes.

Q. During all these threo years ?

A. Yes.

Q. These settlements were with Mr. Harrington alone on the one side, and by the firm of Edison & Murray on the other?

A. Yes. I want to ‘mako an explanation in regard to that. Edison had tlirco distinct partnerships; be had one with Mr. Hatringlon, and had ono with Mr. Unger in Hailroad 11 street, and he had one with me. He and Mr. Unger sepa¬ rated, and afterwards he and Mr. Unrrington separated, and men I came in with Mr. Edison, under tho head of Edison £ Murray.

Q. These settlements continued between Harrington, on dbo side, and Edison & Murray on the oilier ?

A. Yes.

Q- Eor what period of timo ?

i bfp to the last transaction wo bad with the Automatic to company, previous to its being sold out.

When did you begin under tho title of Edison & durray?

A. Sometime in October.

Q- Of what year ?

0 mi1878’ 1 thin.k : lll° books wi» 3how. lidn’t ICn ^°U sn'd Oioro were three partnerships you 10 exPress y°ur opinion that tliese partnerships _ _ wbl 0 tbe firm of Edison & Murray was doing busi-

A. No, sir; lie had .severed with Mr. Harrington time.

Q. And then afterwards with Mr. Unger I

Q. And afterwards still with yourself?

Oross-examintilion hy Mr. Butler.

Q. When you first went to work with Mr. Edison or Mr.

<j Edison and Harrington, where were you employed ; I mean in what building?

A. 100 Bailroad avenue; thcro were several numbers to the building; it was rather a long building; there were 105, 107, 100 and 111, I believe.

Q. You went to work in 100, and that was a shop for manufacturing ; was it?

A. Yes.

Q. And what instruments wore there manufactured? Please state a little in detail.

£ A. We manufactured stock printers for the Gold anil Stock Telegraph Company ; that wns one article, and then wo manufactured electric ventilators for Dr. Stoutonburgh, of Now York, and other articles ; we manufactured a variety of different instruments, also, for the Automatic Company.

Q. The business of tbut shop wns simply mechanical manufacture, wns it?

A. Yes.

Q. And you worked at that with Mr. Edison and Harring¬ ton until 1871, when Edison left; what time was that in 15 18717

' A. It wns October 28, 1871.

Q. Then during that timo lmd Edison any shop or place where he worked himself sometimes, making experiments?

A. Yes.

Q. Where was that ?

A. It was close to the canal, in Newark.

Q. Unfortunately I am not sufficiently well acquainted with Newark to know where the canal is. Pleaso stato a little more definitely.

A. It is about a half a milo from whore Mr. Harrington l and Mr. Edison’s shop was.

Q. Then there were two shops that you have described; one at 10!) liailroad avenue, and then Mr. Edison had a shop where he carried on bis experiments ?

A. Yes, sir.

Q. His experimental shop, ns you may call it?

A. Yes.

Q. How many man were employed nt 109 ?

A. They vnried from ton up to fifty. *

Q. According to the state of business? 1

A. Yes.

Q. How many mon had Mr. Edison in his shop near the canal ?

A. lie usually kept two. *'

. Q. And that stato of things continued down to October 28,1871?

A. No, sir ; not tho experimental shop ; that was for his personal purposes.

Q. Did that experimental shop continue until October 1871? 1,

A. No, sir.

U- When did ho quit this experimental shop?

A. Tho experimental shop was m existence probably three or lour months.

Q. Whore did ho go thon ?

A. Then lie wont with Mr. Unger in tho Bailroad nvenuo shop, about a quarter of a milo or nearly that from 109 Bailroad avenue shop.

Q. That is, if I understand you. 1m then made some sort of a business arrangement with Mr. Unger, having a y; shop about a quarter of a milo off?

A. Yes; but ho wns in business with Unger before ho was in