Page:Federal Reporter, 1st Series, Volume 9.djvu/669

 654 FEDEEAIi aEPOBTEE. �that this shifting could not be produced in Powers' apparatiis by an operator riding on the machine, nor without stopping the motion of the machine. There was no rod or means of actuating the sliding cross-bar, except to take hold of it. by the hand, and slide it and fix it in place by setting movable bolts. Davis' actuating lever bas eonnected with it a spring-loeking lever, so arranged that both levers can be grasped at once ; and, by pressing the locking lever towards the other lever, a catch is unloeked, so that the main lever can be moved. In the defendant's machine there is a locking device on the actuating rod at about the center of its length. This automatie sim- ultaneous shifting device is a marked feature in both the plaintiff's and defendant's arrangements, and is wanting in the foregoing structure of Powers. Powers put the foregoing shifting arrangement "onto two or may be three drills" which he had on hand. He testifies to the use of two of them, and says they worked perfectly so far as changing the rank of the drill was concerned. He macle a different style of drill for 1863, and then ceased to make drills. �We inow corne to what is more material. Powers says that "on one or ffiore" of the machines containing the foregoing shifting arrangement he had the following device : He attached chaina to the iwo^rias of the sliding cross-bar and underneath, which chains went f oriward to the semi-discs of a rock-shaft in front of the front beam, to wbicb was attached a hand4ever adapted to be reached and operated by the driver on the seat of the machine. By pulling this lever backward, the rock-shaft took up the chains, and brought the rear beatn forward to the single-rank position. The lever was se- -cured in position by a pin in a semi-circular guide, centering on the axis of the rock-shaft. When it was desired to double rank the shovels, the pin was removed, and the lever was allowed to sweep forward, which permitted the rear cross-beam to draw backward, when the drill was in motion, to double rank again. �Powers illustrates this arrangement by a drawing marked "Powers, No. 2." Powers says that he does not know what became of these drills; that he had taken out a patent on grain drills in 1862, before a patent for the hand-lever shifting device; that that was got up aft'er the application of November 10, 1862, was filed; and that he thinks he filed an application for another patent on grain-drills after the application of November 10, 1863. He testifies as follows : ��� �
 * making said application ; that he bas no recoDection of applying for