Page:Federal Reporter, 1st Series, Volume 3.djvu/163

 155 FEDERAL REPORTER. �of lightening the spindle was borrowed by Sairyer f rom Pearl. The evidence tends to show that spindles of various sizes and weigbts and lengths had been made and used before either Pearl or Sawyer made theirs; that Sawyer was the first to bring the short but into general use ; that he was the first to introduce the raised or tubular bolster in ring spinning, though one had been used in a throstle or flyer frame; that both Pearl and Sawyer bave made and sold spindles in large quaa- tities, whioh bave been found valuable. �It is further proved, to my satisfaction, that Pearl believ«a from the first that by lightening the tip, or upper part, of hig spindle he could lighten the lower part, though he unfortu- nately neglected to mention it in bis original specification. His spindle filed as a model was somewhat lightened by diminisbing its diameter. This, however, was not obvions on inspection, and is not shown in his drawings. When be had learned the beat way of lightening the lower part of the Bpindle was by shortening it, (whether he learned this from Sawyer or not, I do not need to inquire,) he was of opinion that he might properly, and within the scope of bis original plan, lighten his "but" by shortening it, as well as by dimin- isbing its diameter, and he obtained the re-issue in suit, in whicb be says: �"By thus dispensing with the length and weight at the top of the spindle above the bolster, while the length of bobbin and traverse of the frame remain as before, I am enabled to lighten the lower part of the spindle and whirl below the bol- ster, D, many times the weight taken from its blade above, without destroying the proper balance of the spindle and its consequent steadiness of rotation, and by these. means 1 accomplish the ultimate effect, which is the purpose of thi» improvement, of enabling the spindle to be run steadily al bigh speed with much less pewer than heretofore, thus dimin- isbing the expense and increasing the power at the same time." �This statement was not in the original patent. In the drawings of that patent the length of the but is not given, and its diminution in diameter is not shown or referred to- ����