Page:Federal Reporter, 1st Series, Volume 7.djvu/236

 2M FEOSBAIi BSPOBTEB. �in EhflQoitrseoi hiadepositioin;, He and his experts further tesitify 'tbatia^o^iiwelded itube could not be made by follow- ingthiS modifiad. desoraption, and therefore it must have been intend«i:lorsomethingelse,and that there is nothing else but sbeet metal Eo whioh wecan. reasonably refer it. ' �It came otit^ at theend oif taa crossTexamination of Mr. Eoot, tbat be(had preserved the roagb )draft of some earlier forma of bisrspficifioation, and tthis papetr being put into th% case shows upon itM face tha/t; the mbdiEcation clause; wa» not ark&tt&V' thought, but the original for m of the specification; andtbat it "irate nbtinteiwied.ta ref^rtoisbeet metal, but distinctly and solely tb, platei metai. Tbeirespondeiit's counsel commented ■sdfth !grea,t sevearity u^n; Mr; Eoot'Bseariier evidence, thus odutradieted,:»sibeing intenifeionally false; but it isnot ne«es- sary to impute anythiHg hutifoi^etfulness to the witness.' 3is readinesfe :< in i ipuodueiifg a paper.i iwbich he might hav^ sup» pressed, OTght to weigh verj^ muob in his favOTuponthernoral iseue, if • there were sucb in the oase. The faot isjdaœaging enough without epithflts, foriit destroys the whale** argument from a supposed inteiit; and destroys the value of Mr. Eobt's mernory^on otherpointe. !■ ii;- ;- • .n ^l. • ■ �TJie state of the arti,;,as showh by the Eoiglish-patenti!^ of Buia: & Ghilds, is that spiral; Jweffled tubes had been- made by Barif \vSth aTa/bbeied < seamvand by ChiHsrwith a soarf ed seatu, besides ;the' vefy ©Id and well-sknown butted 8eam,>by iifaich spirallyrwoundgunbdrrelsfaadibeen made; Towardsthe close of ' Ghildi^' speoicfioation are f ound these : words : ^Although I baye only described the ribbons, or strips, as having evoh or plainiscarf eageajldo not oonfinemyself toeu<ih plain'edgeS, as itimll be obvidiisr-that they may te !of any such irregular {(bm^ikatwhen two edges are brought (together they -will ioek intO'eQMihr other." ;'It was'upan this patent, I .suppose, that the loffiee ref used the vei-y broad daim origiEsally a«ked for by Eoot. Almost as much argumentative evidence Has been given to' prove thait Ghildssays what hedoes not mean, when he speaks of the edges bf a piece ci metai loeking, as is ad- duoed to show that Eoot means what he doesnot say, wheb he epeaks of a; ruodification of a lap-welded tube. ��� �