Page:Federal Reporter, 1st Series, Volume 9.djvu/670

 DAVIS V. BEO.WN. ���655 ���'^Cross-question^. At what season of the year, and in what year, was this ^ever device. attached .to this machine al?(nre referred to? Answer. I think it was in the fall or early winter of 1862; most likely the latter part of November of that year. Cross-question 33. When was the machine used in the field, with all these attachments above described? Answer. It was used in the ensuing spring, I believe, but tiied in the fall before, in earth, to see if the contrivance would work." �This is all that Powers says on this subject. He does not say that the machine with the hand-lever did work successfully, or that it was more than an experiment. The improvement of an actuating lever was a desirable one, yet no more were made., He doeB not say distinctly that more than one was made with the lever. His testi- mony as to use in the field is qualified by "I believe," and he tells of no other use but a trial, the resuit of which he does not give. He was not encouragea to make more or to apply for a patent, although he thought enough of the arrangement shown in the application of November 10, 1862, to make that application, and although he applied for another patent on grain-drills after the time when he alleges he devised the hand-lever arrangement. �Skinner gives no support to this hand-lever arrangement. He bas no affirmative recollection of it. . He remembers a drill, in Powers' shop, with a device by whioh the hoes were shifted frqm double to single rank, and vice versa. ■ He saw the shaft made, but he does not remember the device for making it, exeept that there was a bar sliding horizontally, to which some alternate drag-bars were attached, and a stationary bar to which other alternate drag-bars were attached ; nor does he remember what the deviee was for holding the movable bar in position. AU this is referable to the machine described in the application for a patent, without the hand-lever arrangement. �Stowe testifles that in January,: 1863, he thinks, he saw Skinner at Powers' shop, and they two saw a drill theje with a devipe attached for shifting the shoes to single or double rank, and saw Powers work it with a lever which, when drawii back, moved the shoes forward by nioving forward a sliding bar to which the shoes were attached. �Kenter testifies to seeing at Powers' shop, during the fall of 1862, a grain-drill being built, which had a lever in the front part of the frame, with a roller, and a chain at eaeh end of the^ roller, the chains running to a sliding bar,' so that, by pulling the handle forward, it would bring the hoes into donble rank. He was a workman. for Powers at the time. Ho doesirtofknow what beeame of the machine. There was but one drill made so far as' he:know3. ��� �