.'4 nix - tino'bolt
4. . G.
_IT ... .
BY JAS; CLARK,
SPRING,
BY J. R. BARRA..
The winter. winds and storms are past,
The slirly blasts are blown,
The voice of spring is heard at last,
In blythe and joyous tone.
The little streams from front set free,
With giad'ning music sing;
The south wind comes with sdngs of gide
'to welcome in the Spring.
The heart of earth its foliage wide
Unfolds like summer's rose ;
Through wood and stream a quick'ning tide
Of life and beauty flows;
The lighi of May is on the sky,
Its sunshine on the wing,
While winter's shades and shadows fly
To welcome in the Spring.
the flOWets ate geftly springing up
kin hill-side and on laird,
The daisy and the huttetclip
Breathe in the balm of morn ;
The nits atld brooks soft answer. make
To birds on soaring wing,
The mingled strains of nature wake
To welcome in the Spring.
I I IA me to the cheering song
Of robin and the wren,
The mocking bird and jocund throng
Of warblers in the glen ;
The winds and zephyrs to rejoice,
Vhile every living thing
On earth outpours a grateful voice,
To welcome in the Spring.
THE JOURNAL.
Huntingdon, April 30, 1850.
We copy the following decision rendered in
the Circuit Court of the United States for the
Eastern District of Pennsylvania, in the case
of 0. H. P. Parker assignee of Zublon Purl-er,
vs Joseph Brant and ethers, to establish his
Patent Right to, and recover damages for the
infringement of said right to an improvement in
the application of Hydrattlic I'dWer. It will be
seen that the Plaintiff in this case, failed to ob
tain the decree of the injunction sued for solely
upon the ground of a technical omission. While
in fact his right to such decree and damages,
was fully established by the opinion of the
Judges.
In a similar case in 1847 Zebtilon Parker's
right to said Patent and an invention for apply
ing the same principle to common wheels now
in use was fully established against William
lletfield in the Circuit Court of the United States
at Columbus, Ohio. We annex the above for
the benefit of the community, as a number of
citizens of this and adjoining counties have un
knowingly been profftting by the above named
invention under the more familiar name of Reac
tion Wheels. As the one of there reaction wheels
in any form whatever, is an infringement on the
original Patent Right of Zebulon l'arker, per
sons, by observing this notice, may save expen
ses in the shape of suits and damages. John J.
Mooney, is the legal Agent for the sale of rights
of I'arker's Patent, who will remain in this
county for three or tour weeks.
Important Legal Decision.
Case of Parker's Patent Reaction
Water Wheel,
In the Circuit Court of the United
States, for the Eastern District of Penn
sylvania; in Equity, between Oliver H.
P. Parker, assignee of Zebulon Parker,
complainant ; and Joseph Brant and di
vers other persons defendants : March
13th, 1850, by leave of court, the origi
nal bill in each of the above cases is
amended by the insertion of the matter
folio ing
Your orator avers that the said inn:
provements, either separately or in coin ,
bination, had net been patented or de
scribed in ary printed publication, or in
anywise known or used at the date of
the discovery hereinafter mentioned, or
of the letters patent rtfuresaid ; and a
vers that the said Zebislun and Austin
Parker, in the year 1847, by observing
in a horizontal reaction wheel with
fixed flume, the operation of a fallen
board, which formed a simple stationary
guide, had discovered—and, by remov
ing and replacing such guide, had tested
—the utility of applying. as a motive
power, the pressure, or centrifugal force
of water made to revolve within such a
wheel, and pass into, and act upon, its
circumferential buckets, with a circular
motion coinciding with that of their
revolution; and that in the following
year, before taking out their patent
they had experimentally exemplified this
improved application of hydraulic power,
in both horizontal and vertical reaction
wheels, by various adoptions of fixed
guides so formed and adjusted as to pro.
duce, maintain and regulate the proper
vertical or circular currents, and give to
them the required direction within the
buckets ; and that in the vertical
wheels, the appendages and fixtures
were so arranged and adapted, that
in several particulars, a single piece
of machinery served for two wheels ;
all which in the said specification
appears. That the mechanical prin
ciple of their said discovery was defined
and applied, and the interpretation of
the specification of the said patent de
tertninedi in a late case of Parker vs.
Huline bn the latv aide of the Circuit
Court of the U. S. for the Eastern Dis
trict of Pennsylvania.
The opinion of the court with the
docket entries, in the said case, of which
opinion and entries a copy is herewith
exhibited as part of your orator's bill of
complaint, show, and your orator avers,
that in the investigation which took
place therein, and opinion and verdict
of the jury, and judgment of the court
thereon, the title at law of the said paten
tees, their representatives and assigns,
and of your orator as such assign, has
been and is.established to the exclusive
privilege secured by the said letters
patent,
And your orator avers that the said
boa tvns instilMed, maintained and pros
ecuted in good faith and without collu
sion or connivance or secret understand
ing of any sort ; and Wns in all respects
nn adversary and contested proceeding,
j ilt which the best legal and scientific
'and practical skill and knowledge were
opposed to his assertion and vindication
aforesaid of the said legal title.
. .
In the absence of the avermentscon
tained in the foreg oing amendments, the
following minute hadbeen made in each
of the above cases, on the I Ith instant,
viz: It appears to the court that the bill
of the complainant does not set forth
that he has had such possession of the
invention discovered and claimed by him
as to support his application for the in
te7locutory injunction.
The motion for an injunction is refused.
In announcing, the nbnve order the fol
lowing remarks were made by his Hen.
Mr. Justice Grier.—
I take this occasion to say, that the
Court has no doubt, of the validity of the
complainant's patent. That question has
been fully settled here, by a trial at law,
of extraordinary duration, and closeness
of research. The report of the case of
Parker vs. Mime, by my brother Kane
who presided at the trial, and informa
, tu] deriYed from the affidavits and print
ed Works ; tvhich hate been read on both
„sides. during the present hearing., as
well as the acquaiatance with the sub ,
ject which I derived while engaged in
the trial of another case growing out of
this patent, leaves no doubt on my inifid,
that the complainant's patent is not only
valid, but of the greatest importance to
the country.
_ _
I may add, on the part of both of us,
that we approached the question with•
out any previous hearing in favor of the
rights asserted by Mr. Parker as an in
ventor, and that it was only upon a more
than usually close scrutiny of the facts
that we came to the conclusion which
we now express.
Indeed, it is a subject of regret that
the public has been so tardy in acknowl
edging the merits of the Messrs. Parker
as inventors. Their improvement, as
described in the patent before us, is not
less ingenious and profound than useful.
In France, M. Fourneyron received the
highest honor,, and most liberal rewards
for introducing into use this very im
provement, after it had beer. invented in
this country by the Messrs. Parker.
And it was not until the circulation of
Fourneyron's paper, on Turbines in this
country, that the public attention was
fairly called to the valuable improve
ment of the Messrs. Parker.
Of the infringement by the defendants
the Court has nn doubt. The wheels
which they use are direct and positive
viointiOns of the complainant's right, its
appear by the affidavits on behalf of the
defendants, find the models which they
then►selvefi have satin - fitted to the Court.
In point of . fart, the coniplitiiiatit has
established his right to the injunction
which he prays. But Ido not wish to
establish the precedent in this Court,
that a party Who relies upon the verdict
of a jury and the judgment of a Court of
law, for the establishment of his title, as
the foundation of his claim to be quieted
in the possession and enjoyment of it,
and for protecting him against infringe
ments by others, shall omit ► as the com
plainant has here omitted to aver in his
Bill, that such proceedings at law have
taken place. Without such averment,
the ground of the Court's action may be
misunderstood, and the Defendant may
not be properly apprised, beforehand, of
the case which he has to meet. In these
cases, we are the more ready to lay hold
of the omission, as we feel a reluctance'
to stop two hundred mills from grinding
a bushel of grain or sawing a board,
without giving the defendants a chance
of making a settlement or compromise.
On the other hand, it is by no means our
intention to compel, this complainant, to
litigate hia patent already established at
law, against a combination of two hun
dred wealthy mill owners, in this Dis
triet,Who are, as these defendants allege,
using machines, of which the model a
Bove described, is the representation.
HUNTINGDON, PA., TUESDAY, APRIL 80, 1850.
By an amendtneht of his Bill, tha com
plainant may overcome his present
technical difficulty.
No ground has been shown for the im•
potation, that an attempt has been made
by this
.complainant, "to levy..black
mail," as it is called. Indeed, his course
towards these defendants, as well as
other persons, appears to have been one
of great liberality and forbearance ; and
I advise these defendants to settle with
him. If they do not, damages may be
found against them, to the extent of
their profits from the use of this patented
improvement; at all events, amounting
to the whole profits of their mills, since
the time of filing those bills. This
might be no more than equitable.
On default of settlement by defend
ants, the Court will order the injunctions
to issue, on the first Monday of April
next; the complainant, in the meantime,
so amending his bill, as to allege the
establishments here at law, of his title
to an exclusive right in this improve
ment, and filing the affidavit of the sur
viving patentee, which has been read to
us in the course of the hearing.
In all this, I am authorized to say,
that my brother Kane fully concurs with
me.
SELECT MISCELLANY.
TO YOUNG IVOIIIEN.
BY MATHEW CARET,
Some one bath said, that "matrimony
is with woman the great business of
life, whereas with men it is only an in
cident," an important one, to be sure,
but only one among many to which their
atttention is directed, and often kept en
tiroiy out of view. Now, this differ
ence gives the other sex a great advan
tage over you ; and the best way to
equalize your lot, and become as wise as
they arc, is to think as little about it as
they do.
The less your mind dwells upon lov
ers and matrimony, the more agreeable
and profitable will be your intercourse
with gentlemen. If you regard men as
intellectual beings, who have access to
certain sources of knowledge of which
you aro deprit•ed; and seek to derive all
the benefit you can from their peculiar
attainments and experience—if you talk
to them as o'ne tational being should
talk to another, and never remind them
that you are candidates for matrimony
—yti will enjoy far more than you can
by regarding them under that one aspect
of possible future admirers and lovers.—
W hen that is the only absorbing thought
you have not the proper use of your fac
ulties; your manners are constrained
and awkward, you are easily embarras
sed and made to say what is ill judged,
silly and out of place; and you defeat
your own views of appearing to a great
disadvantage.
However secret you may be in these
speculations, if you are continually
thinking of them, and attaching undue
importance to the acquaintance of gen
tlemen, it will most certainly show it
self in your manners and conversation,
and will betray a weakness that is held
in especial contempt by the stronger
sex.
Since the customs of society have
awarded to man the privilege of making
the first advance towards matrimony, it
is the safest and happiest way for wom
an to leave the matter entirely in his
hands. She should be so educated as
to consider that the great end of exis
t tence— preparation for eternity—may
be equally attained in married or single
life, and that no union but the most per
fect one is at all desirable. Matrimony
should be cdndidere'd ad an incident in
life, which if it come at all Must core
without any contrivance of yo'ufs and
therefore you may safely pit aside all
thoughts of it till some one forces the
jsubject upon ychir notice by professions
of a particular interest in vitt.
Lively, ingenious, conversable, and
charming little girls nre often spoiled
into dull, bashful, silent young ladies,
and all becaute their heads are full of
'nonsense about their beaux end lovers.
They have a thousand thoughts and feel
ings which they would be ashamed to
entertain ; and their pre-occupation with
a subject which they had better let alone
preterits their being the agreeable and
rational companions of the gentleman
of their acquaintance, which they were
designed to be.
Girls get into all sorts of scrapes by
undue pre-occupation of mind ; they
misconstrue the commonest attention
into marks of particular regard, and
thus nourish a fancy for a person who
has never once thought of them but as
an agreeable acquaintance. They lose
the enjoyments of a party, if certain
beaux are not there whom they expeo
ted to meet; they become jealous of
their best friends if the beaux are there
and do not talk to them as much US they
wish; every trifle is magnified into
something of importance—a fruitful
source of misery—and things of refit
importance are neglected for chimeras.
And all this gratuitous pains-taking de
feats its own end ! The labor is all in
vain ; such girls are not the mnst popu
lar; and those who seem never to have
thought about matrimony at all, are'
sought and preferred before theta: We
may add the advice that young women
should not consider it a serious misfor
tune even if never married ; there is
nothing disreputable, while there maybe
much happiness in the condition of an
old maid.
keep Your Promises.
We have often been shocked at the
reckless disregard which many per
sons manifest for the fulfilment of their
promises. They are ever ready to make
engagements for the future but when the
time arrives for their fulfilment, they
seem to have forgotten them entirely,
or at least, toitreat them as though they
involved no obligation whatever. Such
conduct is highly injurious in its influ
ence on society, inasmuch as it tietos ,
sarily tends to destroy that confidence
of man in man, which is so essential
to the happiness of the community. It
is especially detrimental to the interests
of the individual himself who is guilty
of it, as he thereby forfeits the confi
dence and respect of his fellows. His
word accordingly is not relied upon, and
he is obliged to suffer all the tmliappy
consequences. This sinful and injuri
ous habit is one of the most inexcusable
of which any one can be guilty. In 99
cases out of a hundred, there is no ab
solute necessity whatever for any one
to break his tvovd. No ohe should ever
make a promise unless he looks well
into the circumstances before hand, and
has every reason to believe that it will
be in his power to fulfil his promise.—
And whenever a promise has onco been
made it should be his fixed determination
to keep it; and with a particular refer
ence to this his subsequent conduct
should be shaped. Were this course
to be faithfully pursued, not only would
the serious evils resulting from a disre
gard to one's word be avoided, but also
the confidence of those around speedily
gained and enjoyed, and a character
thereby eVentually established that will
be of more value than .ermine, geM or
princely diadems."
A Capital Rat Story:
Rev. Walter Colton, in his agreeable
and christian-like diary of a voyage to
California in a Man-of-war, entitled,
"Deck and Port," (in which, by the tvay
much is mildly and convincingly said
against the spirit ration and flogging in
the navy,) relates tho following capital
rat story :
.1 have always felt some regard for
a rat since my cruise in the Constella
tion. We were fitting for sea at Nor
folk, and taking in water and provisions;
a plank was resting on the sill of one of
the ports which communicated with
.the
wharf. On a bright moonlight evening,
we discovered two rats on the plank com
ing into the ship. The foremost was
leading the other by a straw, one end
of which each held in his mouth. We
Alanaged to capture them both, and found
to our surprise, the one led by the other
was stone blind. His faithful friend
was trying to get him on board, where
lie would have comfortable quarters du
ring a three years' Cruise. We felt no
disposition to kill either, and landed
them on the wharf. How many there
are in this world to whom the fidelity of
that rat readeth a lesson."
Idleness.
FJo matter what may Ile the fortunes
cr the expectations of a young man, he
has no right to live a life of idleness.—
In a world so full as this of incitements
to exertion and of rewards for achieve
ment, idleness is the most absurd of ab
surdities and the most shameful of
shames. In such a world as ours the
idle man is not so much a biped as a
bivalve; and the wealth Which breeds
idltMe'ss; of Wifich the English peerage
is an example, and of which we nre be
ginning to abound in specimens, in this
country, is only a sort of human oyster
bed, where heirs and heiresses are plant
ed, to spend a contemptible life of sloth
fulness in growing plump and succulent
for the gravewores banquet.—Horace
.71.1"tiqn.
Kr To make men scratch their heads,
coax them to endorse for you. By the
way, speaking of philosophy, can Dr.
March tell us why a man's bead always
itches just after doing something he is
sorry for 1 We pause for a reply.
Oz!T The Arabs allow a man to divorce
himself from a wife who does not make
good bread. Were such a law in our
country, half the young married ladies,
we fear, would be in danger of single
blessedness.
-40014t/4ttr,
ARREST IN PIIILADELPIIiAi
HEROISM OF A SOUTHERN LADY.
The police of Philadelphia, on Satur
day, arrested a large and athletic negro,
known as " Black Bill," for entering, a
few weeks ago, the dwellifig of Mrs.
Revondt, in Arch street,. and robbing it
of if quantity of jewelry and clothing,
and $26 in money. The Philadelphia
Sun says I
The only person in the house at the
time, was Miss Sarah Ann Drane i a
young lady from VirginN or Maryland;
t'Vho resided with Mrs. R.-The emir
age which she exhibited in an encounter
with the thief, justly entitles her to the
heroic' dame of the Jagello of Philadel
phia. She it an honor to her sex and
the rest of mankind, and Maryland or
Virginia should feel proud. of such a
brave fair one.
Whilst seated in the parlor, enjoying
the pleasure of profound retirement ; a
slight noise overhead arrested her at
tention.
She picked up a lamp and as-1
cended to the bed-chamber, and on open
ing the door discovered the sable thief
in the aet Of gatting Cut of the Window.'
She dashed after hint, holding the
lamp close to his face, satisfied that he
was black by nature. He was so far out
of the window that she could not arrest
him. He descended the arbor as quick
ly as he could, and she, retracing her
steps, passed hurriedly down the stairs,
opened the door leading to the yard, and
caught him in a recess near the fence.
He was powerful ; she, though weak;
was courageouS. She Caught hint by
the wool of the head, and succeeded al
most in palling him (loft: It was a ter
rific struggle ; he had the clothes on his
arm; held on to them with great pefti
nacity, not knowing, perhaps at the time,
that they acted, fortunately too l as a'
:Thicld for his weaker antagonist: Site
screamed for assistance, holding on alt
the while to the woolly fabric, that stuck
out like a brush heap. At lust he drew
a knife and made a desperate plunge nt
her, but the weapon entered and cut the
clothing which over-loaded his arm.—
Still she held on, and called more loudly
for assistance, but no one came.
The front door of the house was lock
ed, which prevented ingress there, and
the yard could not be found readily from
the nand of her voice: He made one
or two mote ineffectual thrusts at her
with the weapon. The fourth thrust
had some effect. The blade passed en
tirely through her dress, entered the
skin, and cut clear down to the groin.—
At the same moment she uttered a most
heart-rending shriek, the wool gave way
and the desperate and cowardly villain
bounded over the fence, leaving behiad
hire the stolen clothing, which, on a
subsequent examination, were found to
be more or less cut. The thief escaped ;
the Courn,gous young lady hastened to
the house, stil holding on to the hand
ful of wool, and becoming exceedingly
nervous from the desperate adventure,
was taken ill; and remained quite siEk
for several days.
The burglar then escaped, leaving the
clothes behind him, but keeping posses
bion of $9.6 in gold coin, and ti quantity
of jewelry. . . .
. _
. . .
On Saturday, however, the vigilant
officers ferreted out "Black Bill," and
took him into custody. He was taken
to the residence of Mrs. Bevotidt, and
Miss brave sent for to recognise him.
The moment she laid eyes upon him,
she shrank brick With eSident horror,
and exclaimed—" My God, don't bring
him near me !—he is the matt I" As a
matter of course, Bill professed his in
nocence, but in default of *2OOO bail
was committed to prison by Alderman
MftChEll id dwdit d further hearing, when
further deVelolinients are expected to be
innde.
The entrance into the dwelling,,the
robbery, discovery, the conflict, and es
cape, nre indeed not only interesting, but
filled with romance that might some fu
ture day be underlined as in preparation
at any one of the many places of pub
lic amukinen't th our city; The cool,
daring heroism of the young lady was
extraordinary, and certainly conunentla
ble in the highest degree. Struggling,
as it were, with one who hesitated not
at the commission of any crime, no mat
ter how heinous, her escape from instant
death is truly surprising.
[D— Cod Liver Oil Candy has been
inVented by a druggist in -Springfield,
Mass. The New York Mirror states that
a single house in that city is under con
tract to supply no less than fifteen thou
sand gallons of cod liver oil between this
and the Ist of May next.
oz` The man with the carpet bag says,
always travel with baggage, if you wish
to insure respect. lie who carries a
dickey in his hat is not considered
"much pumpkins" by a hotel keeper or
porter.
VOL. XV, NO. 18.
A BET AT THE SPRINGS.
*hen I visited the Springs, last Surninei,
met young a il:/efy and mnsi agreeable'
person, witty and intelligent, Ira exceedingly
slight, and small of stature, almost a dwarf,
real little pocket Adonis, and most decided pet
Of thk !ethics. At the same hotel, there seas also
a prominent personage, known as Tom
who stood six feet and I don't know how many
inches in his stockings ; a broad, heavy, coarss
built fellow, strong as a lion, proud of his
strength, which, with the exception of his good
nature, was all he had to be proud of. If he had
a failing, (more particularly a failing,) than any
other in catalogue, it was his sovereign Eon:
tempt for any one not possessed of physical
strength. It-, of course, met no favor in his
eyes, weak, small, and delicate as he appeared:
One evening after supper, the ctinversitioli
turnedorr feats of strength ; Toni held'
Chairsout at arms' length, bent pockers °Vet
his arm, took with apparent ease, one after the
Other, such heavy whiskey toddies as few ordi
nary men could lift, gloried himself and other
Sampson: until lie reached a pitch of genuine
excitement.
" Why ; Toro," observed R-, c* a great
fame is not always indicative of great strength,
neither dots a slight one indicate the reverse ;
am very small and very slender, yet I wild bei
you supper and charepaigee lb? the patty, chat
can carry you from the Pavilion fo the Spring
and hack without putting you down."
"Carry me ".
' 6 Yerl carry OW
Nonsense ! my weight will crush you:"
1, Well, well, that's my look out; will you bet
the supper 1"
. « Siippet ! yes; fifty mil - Mors ! why you little
cherifb, I weigh nearly thfee hundred pounds dd ;*
you dare to think that you cartk me !rein'
this Pavilion to the springs and back without
milling me down 1 "
nat is what I offer to do, but you are to
use no unfair means to prevent, no dragging of
yoUr legs or any thing of that sort."
6 , of course not."
4, I am to carry you to the Spring and hack
again without putting you down, that's the bet."
4, 'That's it; it's a Mee investment for your
siirplus capital."
All doubted R's ability to accomplish the feai,
yet, from his determined manner, some wete
induced to back him ; still bets were freely of
fered at two to one against hini, Tom B. being
among the most extensive operators. It was
an incident in the quiet routine of our household.
The young gentleman told it to the young ladies;
the ything ladles thought it weeld be capital
fun, bat they Were afraid Poor dear little
would strain himself.
It. says irevhll do it if he treats a bldod;
vessel,"
“ Oh, shocking !
The excitement increases; and many Pair of
iloi`es; handkerchiefs, and lidnitets Were staked
.
dpon the result . Next morning R. did nSt maki
his appearance at breakfast, and it was whisper.
ed that he had set up all night making his will,
and practising with dumb bells. At length the
clock strikes twelve; the heur appointed for the
performance ; all is bustle, coafesion and ex
' citernent, not only the piazzas Mid info:Mies;
but the entire road from the Pavilion to the
Spiings was lined with ladies ; on every side
their sunshades glanced in the sunbeams t and
their light summer scarfs waved to the breeze:
Anil now, amid breathless silence, step tor'.h
from :he ball of the Pavilion the obserVed of alt
observers, the Dwarf and the Giant. Expecta ,
tiOn is on tiptde, the.excitennent is intense, Wheit
suddenly the musical voice of R. breaking the
solemn stillness, is heard to exclaim— , g Strip!"
"What 1" exclaimed the Giant.
ao Strip ! " repeated R.
"What do you mean 1 "
g , Why, exactly What I sayLstriP, come
hurry, don't disappoint the lailiee,"
d , You ddn't mean undress I"
<, y es , I do; I wagered to carry you; you are
heavy enough in all conscience, I'm not Oink
to btirderi myself with an extra fifty psiitl/1 bf
You . . . , .
ou don't pretend that yo u were to Carry
me without my ,'lathes " almost shrieked the
•
astonished giant.
I bet that I would carry yo'n and nothing
else,'
will you get ready !"
"Sold, oh l Jemirna and by such a: firi/e
devil ?" exclaimed Torn, and seizing R. by the
waistband of his trowsers, he rushed, amid thlise
shunts of laughter and waving
,handkeichiels,
intd the bar-room, depOsited It. upon the cent,
ter, called for brandy smashers all around, and
Adored supper at nine precisely.-- I Spirit of the
Times.
A SINGULAR DISCOVERY.--Has lately
been dug up some fourteen feet behati ,
the su'rfaee of the earth, !mire than
fifty above high water mark, in the gar
den of Captain 0. W. Cutter, an die
phaneg tusk, Which tilde and the ele
ments have reduced to a substance re
sembling chalk; it crumbled when talc
en out of the earth, but a portion of it
entire, more than tWenty inches long,
is in the possession of the proprietor of
this place, just aboh the mouth of Lick
ing opposite. The whole animal is
propably in the bank. If this Proves
to be a real elephant's tusk, which every
evidence now tends to do, it will p'rbVe
a singular zoological fact that elephants
did once belong to this country.—C
einaati Commercial.