Page:Federal Reporter, 1st Series, Volume 8.djvu/828

 814 FBOEBAli aEPOBTSB. �Andeii is attempted to be contradicted on a collaterar tnatter, with a viewof showing that he is not a truthful -witness. In giving hia testimony in September, 1877, be says that wh en he went to work for Christian the second time "varions articles, profile aides, repre- senting horses, birds, etc., came continually to the shop to be repaired and painted from stores Mr. Christian dealt with." He does not Btate where the shop was to whicb he refers. McGill, who was with Christian as a woodi-worker and «aperintendent from 1857 to 1872, and who knew Anden there as a painter, says that while Anden was employed there, there were not, to his knowledge, "Shoo-flys, Dexters, or anything like Exhibit 11," brought there for repairs. Anden's iden- tification of the articles he refers to as "profile sides, representing horses, birds," etc., is very vagne and indefinite. It does not appear that he refers to the same things McGill does, so no contradiction is made ont. �In regard to other contradiction^ of Anden by McGill, it appears that Christian had a factory up town and a wareroom down town ; that McGill worked at the factory, and that Anden worked at the wareroom. The plaintifl contends; and very foreibly, that from the history of the success of the plaintiff 's structure any device made by Anden like No. 3 would at once have attracted the attention of the trade and have gone into use.i This is dften a controlling circum- �-atance in a case of doubt. But it often happens that, from varions �rfortnitons eircuœstances, a complete invention iniabranch of busi- ness, where much depends on energy and facilities and capital, f ails to, attract that atteiition whiob, nnder different and better anspices, it receives when independently produced at a later day. On the. jwhole, it must be h eld that Anden's structure is established as anticipating claims 1 and 2. , h �: No. 3 has no toy-box. Anden aays, in speaking of his structures �,Jike,No.:3: �"I found it necessary to fix something in front, so that a small eliild, wouldn't fall forward in front, eut of it. So I flxed them in various ways — .some with a little board or tray. or an angnjar box j that is, made at an angle to fasten in, with the rod thvough to ^wing." �This is very vague, and does nqt-fihow the hinged toy-box ot the .plaintifs tobe turnediOver to let the child out. Else where, he says th^t the ,tpy-box was fixed between the horses' neokf so as to secure the child in its seat. .,He says that a fcw; on larger-sized horses were nailed in ;■ that others slipped in,iwhen,the child took its seat, through cleats; and that others he had swing, on. a rod that went through the ��� �