in 1819, called the "Personal Narratives" of the travels of this person. Now here we are dealing with India-rubber in a liquid state applied to make fabrics water-proof. This gentleman, in alluding to that subject, says, "In comparing the milky juices of the papar, the cow tree, and the hevea, there appears a striking analogy between the juices which abound in caseous matter and those in which the caoutchouc prevails. All the white and newly-prepared caoutchouc, as well as the impermeable cloaks manufactured in Spanish America, by placing a layer of milk of hevea between two pieces of cloth." This is the caoutchouc as it comes from the tree in the state to which it is most desirable to reduce it: if you can reduce caoutchouc to a state of solution similar to that in which it comes from the tree; the effect of its being placed between two cloths, is to render it water-proof. Now that is the statement. "Placing a layer of milk of hevea between two pieces of cloth, exhales an animal and nauseating smell. This seems to indicate that the caoutchouc in coagulating carries with it the caseum, which is perhaps only an altered albumen." Further, shall call a witness before you who will prove to you that in Demerara there was to be found in the store-houses cloaks made water-proof by India-rubber between two folds. One of the conditions on which the patent is granted runs thus:" Provided that these Letters Patent were and should be upon condition, that if at any time during the term thereby granted' certain things should appear to the King in Council, and so on-" or that the invention was not a new invention as to the public use and exercise thereof in Great Britain and Ireland, and also in all his said Majesty's colonies and plantations abroad," and so on, the patent is to be void. Now I will call a respectable gentleman before you to prove that this was an article in the storehouses in public common sale in Demerara; that it was in use there as water-proof cloaks before the obtaining of this patent. I ask, if that is well known, what is the invention of Mr. Macintosh? I admit, that if the Indiarubber, being in the state in which it exudes from the tree, could be used for this purpose; but coming here it changes to a state no longer fit and applicable, and that it required art and invention to alter the subsequent state and condition, and to restore it to its original state of solution-I admit, that for the means of altering it from its present condition, and bringing it back to its state of solution capable of being used for those means, a party who discovers it would be entitled to a patent, but that is not what Mr. Macintosh claims, that is what he disclaims; 'the solution he disclaims; what he claims is putting the India-rubber, while in a state of

solution, between two cloths. The means by which it is restored from its altered state when dry, and exposed to the atmosphere in a state of solution, being out of the case, and no part of his patent. The hevea tree is perfectly well known to these parties by a patent, obtained by Mr. Hancock in the year 1825, a very short time after this patent. He says, "The liquid I have mentioned is brought into this country, and is said to be the juice obtained from certain trees which grow in South America." Now this is the patent obtained by Mr. Hancock. The patent in question is obtained by Mr. Macintosh, but I show a public document, inrolled in the Patent-office, of one of these parties, showing that the nature and quality of this thing was well known. Couple these two together-here is the juice of the herea tree as common India-rubber-here is the juice of the hevea tree placed in a liquid state between two fabrics perfectly well known. The next object is to evaporate and get rid of every substance but a thin layer of India-rubber, with as little of foreign matter as possible. I shall prove to you that some socks were publicly sold, consisting of two pieces of cloth fastened together, and India-rubber between. Here is the principle of two fabrics united together by a flexible eement; and it happens that flexible cement is India-rubber, and nothing remains to distinguish it from the most perfect identity; but my friend says, "the one is put in in a state of solution, and the other entire." But for use they are in identically the same state after evaporation. That which is introduced in addition to the India-rubber, for solving it, is but the vehicle -is but the convenient mode of manufacturing it; therefore I apprehend this will be most ma terial, to show that the whole principle of this patent was well known. I shall then further show to you that these gentlemen themselves (I refer to the second patent of Mr. Hancock's), perfectly well knew that when they meant rectified oil, it was their duty to state it, and accordingly Mr. Hancock in 1826 did state it. I shall then show to you the specification of the patent of a Mr. Johnson taken out in the year 1797. He rendered his garments water-proof with India-rubber, the surface of which he covered with something in the nature of a flock, or cloth torn in pieces, as a lining. The difference between Mr. Macintosh's and Johnson's is, that the latter proposes to line or cover the surface with flock or some such article, and the former with a different material-a piece of cloth. Here is another similar article joined together by a solution of India-rubber; it is part of Mr. Green's balloon which was lost at sea, I believe on the day of the Coronation of George IV.; when I say lost, it was broken; the balloon was obtained, and that piece you now

have is part of the balloon converted into a pipe, which was used for the purpose of filling the balloon with gas. It was applied to the vessels in which the gas was made, and conveyed through that pipe to the balloon. There, you have got the principle of uniting two fabrics by a solution of India-rubber, and that is the patent; and in a balloon an invention is made public enough. This piece of the balloon being to be exposed to the air, is not made precisely as soft as the cloak, but the principle is the same; and Mr. Green will tell you, too, that he afterwards cut up the balloon and make cloaks and capes of it, and gave them to his friends, who wore them as water-proof garments. I must say I think it would have been well if Mr. Macintosh, in his specification, had told the public that to make the cloth air-tight it would require four or five coats, but to make it water-tight, only three or four; because the test by which you are to regulate your judgment is this-is there such an account given as will enable an individual, at all acquainted with the subject, to use the invention with all its advantages when the patent has expired?-and this, referring to 1823, not allowing yourselves to be misled by the state of knowledge of this article which has grown up since. Mr. Macintosh's patent is not for cloaks only,-you must not make an air-balloon, nor socks, nor any article after his plan. My learned friend will argue that this is a flexible cement, to be used in the manner described, and will therefore refer to that manner. Mr. Macintosh will acknowledge he used this known solution to produce this known effect, but will say he did it in a peculiar manner, and that therefore he is entitled to his patent. That very part of the manufacture he has departed from, and to this hour does not use it. Does he use the brush? No. He applies the solution that he makes in secret not by any manner stated in the patent, but he has what he calls a gauge, and the cloth with the solution upon it is passed under it, and thus the solution is spread. He carries it over steam-boxes, over heated rollers, and I do not know how else. My friend says, the trade was worth little or nothing until within a few years; that is to say, as soon as he abandoned his patent and set to work in a new way, then it became profitable. No sooner does he begin with his machinery, than he says, now I have succeeded!" What part of the patent is he using?—he disclaims the solution. He says, "Oh! I have improved." Yes, he has, but by leaving it all out; improved upon Hamlet by leaving out Hamlet! This is a singular and a remarkable instance of a patentee coming into Court and complaining that his patent has been infringed, and yet he is carrying on his alleged patent manufacture by a mode wholly

different from the patent. Tell me whether the pressure that is applied is the same? Tell me whether the mode of spreading the solution is the same, or whether the mode of stretching or distending (which is the word he uses) is the same? Look at the specification-there is putting it on, there is spreading, there is drying,-which of them does he follow? His machinery, I admit, may be the subject of a patent if it is new-which, for aught I know, it may be; but for a man to come into Court and to say, "Do not inquire how I am carrying it on; it is all new; it is all improvement; it is unjust that I should be obliged to disclose it!" I have never wit> nessed any case of a patentee attempting to shrink from disclosing how he carried on his patent manufacture. I have never witnessed an instance where a man claimed so little, and of that little continued to use still less. What is the substance of the great body of evidence here? The witnesses from the gasworks prove, that he never, except on one occasion, bought the coal-oil separately; and it slipped out from several of the witnesses, coal-tar naptha was another name for coaloil. The chemists tell you, too, that they cannot tell how it is prepared. We have had a good deal of talk about Weisse and Clark, but I will keep off debateable ground; I shall confine my case to what I believe is unanswerable and beyond reasonable dispute. These instances of the socks, the balloons, the books, and the specifications, are all matters in which there can be no dispute; their effect is the only question; their existence cannot be denied. The evidence of the chemists and the gas people is irrelevant, because it is not part of my case to say, that in making gas, coal-oil is not produced; but I say, for some reason, it never has been collected in a separate state as an article of trade; that it has never been bought or sold in a separate state; the single instance to which I have referred, only making the deviation from the general course; and saving my friends the trouble of disputing that you may get a certain quantity-though, I believe, a quantity wholly inadequate for the purposes of the inquiry-a certain quantity of what they call coal-oil, in a state unfit for use, without undergoing further process, in a state not applicable to any useful purpose as connected with this cause, may be taken is matter of no dispute; but that that which is procured from the gas-works is applicable-that you could make a garment that any gentleman, or any person whatever could wear with any comfort, I utterly deny. The specimens you have seen have been prepared with the utmost care and caution, and the productions of science are no test as to its applicability to the general purposes of trade. Looking therefore at the extraordinary fea

ture of the case, of a patentee not working by his own patent-looking to the details of the mode of his carrying it on compared with the simplicity of his patent, and bearing in mind, as the trade becomes valuable, what, after these alterations it will be-it is for you, as a matter of fact, to say whether or not this is new, in the sense in which it must be new, to sustain the patent. But, gentlemen, what is the remainder of the case? Mr. Macintosh uses a solution which he will not disclose; he says, "I will bring an action against Mr. Ellis, for he has made a cloak which consists of the union of two fabrics by means of the solution of India-rubber, therefore I bring an action against him." Well but, sir, your patent is for a particular mode; what is your evidence that Mr. Ellis, or Mr. Fanshaw, or whoever else is the manufacturer, what is the evidence he has used your mode? Upon the evidence, what ground is there to suspect even that Mr. Ellis or Mr. Fanshaw is in possession of the solution used by these plaintiffs! What is the evidence then, that any part of this is done in the manner in which Mr. Macintosh describes ? Here is the same result, and that is all. My learned friend's argument will be this, "My witnesses guess this must be made in the same way, because they know of no other." Is that evidence for a man to bring an action upon? I say that the defendant is under no obligation to disclose what is the solution which he uses; he has asked no exclusive benefit; he has offered no price for it which he is bound to pay; no condition that he is under any obligation to perform, and the plaintiff's evidence is but a loose guess. The evidence which has been given is to this effect-I refer to Mr. Phillips's-"I cannot tell by what means the India-rubber used in the defendant's cloak was dissolved; I apprehend that the India-rubber which is found between the two folds had been dissolved, because I know of no other way in which the same effect could be produced." Now this gentleman had never heard of any of those patents-had never heard of the socks-had never heard, in fact, any thing thing about it. I deny the validity of the arguments, that because we don't show our mode, you are to presume it is theirs. There are various modes in which the thing may be done; it may be done by native juice; it may be done in a great variety of ways; but this is clear, that a knowledge of the solution of India-rubber to make it applicable to this purpose, is a most valuable secret-which the plaintiff keeps. I apprehend the specification will be found deficient, his claim being larger than he can support. I should have been glad to have seen some of the paper specimens of the union produced by the crude oil, and to have seen experiments made with materials of a light texture; but all the spe

cimens that have been produced, only disprove the allegation of the specification, that the directions contained in it formed the best mode known to Mr. Macintosh; he never used the crude oil; he never will use it; it is not in a state to be used except for the purpose of experiment; you have only to apply your noses to the article, to be satisfied that it is not a marketable article.

(To be concluded next week.)

NOTES AND NOTICES.

New Railway Locomotive.-A locomotive-carriage, having a very simple engine on a new principle, is nearly complete i for the Greenwich Railway Company. The frame is constructed so that the wheels cannot deviate from the rails at any speed, and that their revolving motion can be in stantly changed to a sliding motion; thus the train being powerfully retarded by friction, is speedily brought to rest, and the risk of accidents to the spectators and passengers on the viaduct is materially diminished.-Morning Herald.

Sugar from Beet-Root.-Messrs. Fics and Havewald, of Quedlinburg, in Westphalia, have discovered a process whereby in 12 hours 10lbs. of pure sugar, perfectly crystallised, may be extracted from 100lbs. of beet-root. The secret was immediately purchased by M. Brokhoff, of Wisburg, for 20,000 francs, with the condition that it should not be used beyond the provinces of the Rhine and Westphalia. Ibid.

Longitude at Sea.-The Progress, a journal of Arras, states, that a person residing at Fauquembergue has, after studying for thirty years, discovered the longitude at sea, and formed an instru. ment which constantly points out and rectifies the ship's course, indicating the longitude and latitude in the chart.

Naval Gas-Lighting.-A steam-vessel is fitting in the river which is to be lighted with gas, on a plan suggested by Lieutenant Engledue, R. N. Two retorts are placed in the fires under the boilers about two hours before dark, which will supply gas sufficient to burn the whole night, lighting the cabins, engine-room, and mast-head. This may be fitted at a trifling expense, and without the least danger, the whole of the apparatus being on deck. Frequent accidents have occurred from steam-vessels not being properly lighted at night.

Improved Music-Stand.-M. Mayerhoper, a manufacturer of pianofortes in Utrecht, has invented an ingenious music-stand, a slight pressure with the foot on a pedal attached to which, enables the player to turn over the leaves of the book without taking the hands off the instrument.-Dutch paper. [Several similar inventions have been patented in England; and one, which particularly answers this description, about two years ago by a Mr. John Ramsey.]

Patents taken out with economy and de spatch; Specifications, Disclaimers, and Amendments, prepared or revised; Caveats entered; and generally every Branch of Patent Business promptly transacted. Drawings of Machinery also executed by skilful assistants, on the shortest notice.

LONDON: Published by J. CUNNINGHAM, at the Mechanics' Magazine Office, No. 6, Peterborough-court, between 135 and 136, Fleet-street. Agent for the American Edition, Mr. O. RICH, 12, Red Lion square. Sold by G. G. BENNIS, 55, Rue Neuve, Saint Augustin, Paris. CUNNINGHAM and SALMON, Printers, Fleet-street.

HOSKING'S PORTABLE PUNCHING PRESS. (From the Third Report of the Cornwall Poly technic Society.

This machine is principally intended to facilitate the repairs of steam-packet boilers; it is sufficiently compact to admit of being readily conveyed to any dock or yard where its services may be required. Figs. 1 and 2, are two vertical sections through the centre of the press, at right angles to each other, in which A B C D E, is a substantial iron frame, cast in two parts, having a space between them to contain two slightly eccentric cog-wheels F and G, whose arbors work in the wrought-iron frame fghi, which is firmly connected with the punch P. These wheels are driven by the pinion H, which, like the wheels, may be said to consist of three parts; a central part containing the cogs, and two outside cylindrical portions, whose circumferences in each case coincide with the pitch lines; these, by rolling on each other, keep the cogs at a proper and uniform distance, and prevent the undue strain and irregularity of action which would otherwise attend the eccentricity of the wheels, and consequently vertical movement of their centres.

For the purpose of keeping the centres of the wheels in the same vertical plane with the centre of the punch, their arbors are continued into a groove cast in the framing, and shewn at abc d,, together with the guide k.

The action of this machine will now readily be understood. Motion being given to the fly-wheel, is communicated by the pinion of the wheels F G, which are so arranged that the longest working radius of one, and the shortest of the other, shall be in contact with the pinion at the same time; when the longest radius of the wheel G, is with the pinion; the punch will be at its greatest depression; and when this wheel has made half a revolution from that point, it will be at its greatest elevation. The material to be punched should then be placed on the stand O, and at the next half revolution of G, the piece would be forced out.

It is obvious that this machine possesses many other advantages than its portability; and we are inclined to think that in connexion with the steam-engine, it would be found greatly superior to the screw-press generally used for this purpose.

A POSTSCRIPT TO THE EPISTLE TO THE PHILLIPIANS.

In vol. viii. of the Mechanics' Magazine, p. 29, it is stated, that the propor tional distance of any planet from the sun, multiplied by its square root (or the 15 power of the proportional distance), is equal to the periodic time of that planet in siderial years. Or inversely, the period of any planet, is equal to its pro15 root of the proportion of the siderial portional distance. The measures of the periodic times and distances of the planets are arbitrary numbers; as, for instance, the periodic times may be stated in their numerical proportions to each other, or they may be taken in years, days, or hours, &c. And their distances may also be given as proportional to each other, as is frequently the case, or they may be given in radii of the earth, miles, feet, &c. It is usual, however, to state the periodic times in mean solar days, and their distances in miles. Sir Richard Phillips informs us, column 296, 1st edit., that the cube root of the square of a planet's period, multiplied by 1.83, is its distance in millions of miles universally, or P3 x 1.83 D.

Now, this is precisely the same as given above, excepting the multiplying by the factor 1.83, which gives the distance in millions of miles. Now, what is this factor 183 compounded of? Evidently of the arbitrary numbers used in the computation, viz. the earth's period in days, and distance from the sun in miles.

Sir Richard strenuously avoids in his computations the use of Kepler's laws and computes by what he styles his own new law; but, unfortunately, it so happens, that this factor 1.83 is derived from the very essence of Kepler's law. Now, having the periodic time given, to find the earth's distance from the snn in miles, we ought to extend the factor to seven places of figures, for taking the earth's siderial period at 365 2563835 days, and its mean distance from the sun equal to 94000000 miles, we get the factor as follows equal 940000003

to 3√365 2563835?*

1839625, i. e. di

vide the cube of the distance in miles, by the square of the periodic time in days, and the cube root of the quotient gives the factor as above stated.