Page:Federal Reporter, 1st Series, Volume 7.djvu/883

 UNITED STATES STAMPINO 00. V. JEWETT. B?! �existing ouspidors ; the middle part being of a dome shape, and being joined below to the Ibwer part, and above ,to the iipper part, and the upper part being an inverted cone in shape, flaring outwards and forming a mouth; the whole structure not being liable to fracture, and having the capacity of returning to an upright position, of itself, from a position not upright, when left free, �Heath testifies that he made his invention in the fall of 1869. What he meant by this is shown by the testimony of his brother, who says that in the early f all of 1869 Heath spoke to him about a metallic loaded cuspidor,to be made in three pieces, joined at the neck and at the swell, as to how it would sell, and showed him a drawing of the shape of it on paper. He experimented thereafter as to the shape and thp mode of putting the pieces together with a view to cheapness of construction. In the fall of 1869, or in the spring or summer of 1870, he made a cuspidor of different pieces of tin wrought up by hand, with a piece of lead soldered on the inside of the bottom, to make the structure self-righting. This one seems to have been made of three parts, joined at the greatest and the least diameter, although each part con- sisted of more than one piece of tin. During the year 1870 he made a large number of these tin cuspidors experiment- ally, with a view of arriving at the cheapest manner of get- ting the desired shape from the smallest number of pieces of sheet metal. Sometime in the summer or fall of 1870 he made a loaded cuspidor of three pieces of metal, joined at the greatest and the least diameter, on a Grimshaw press, which he procured in July, 1870. This was without any vertical seams, and was substantially the patented structure. It took about a year af ter that to get the necessary machinery to make the articles for the market. The patent was ap- plied for June 3, 1871, and the first cuspidors sold were delivered June 8, 1871. On this evidence, the date of the Heath invention is properly to be taken as the fall of 1869, or early in 1870. After conceiving the idea of the shape of the struc.ure, and the making it of metal with seams at the greate t and the least diameter, he exercised reasonable dili- ��� �