14 



NEW ENGLAND FARMER, 



Jt'I,T 15, 1840J. 



a^n horticultural register. 

 Boston, Wednesday, July 15, 1840. 



DENNIS'S " PATENT" TROUGHS. 



To the Edilor of ihe New England Farmer : 



I notice in your lasl a conirnunicalion from J. Dennis, 

 Jr , of I'ortsinDUth, R. I., vvliieh induces me lo .Tsk that 

 gentlrnian if lie really considers liitiisHlfentitled ti» a pa- 

 ttmt for the invention of stirrountlirif.* a tree with a trough 

 or gutter, filled with some liquid, which arrests the pro- 

 gress of the parent of the canher worm ? If he does, I 

 would ask him wlierher if it he not a duty to appoint 

 numerous and (iiiihful iitreiils to make and apply the pa- 

 lent arliele ? 



A year ago, one of his agents in this vicinity was ap- 

 plied lo and engaged tg make and put on leaden troughs 

 for a considerable nuniher ofiarge and valuable trees, in 

 proper se.ason. The fall arrived and lie hod forgotten it. 

 He promised anew. The winter passed and he had 

 neglected it. The writer was then obliged to resort to 

 the troublesome and uncertain remedy of tarring in the 

 spring. This induced him lo look into the question of 

 the patent right, wliich he is convinced is not founded 

 on original invention on the part of Mr Dennis, unless 

 he can go back m.iny years. One thing is certain — that 

 a long time ago troughs of tin were nsed ; and it can 

 iiardly be imagined that Mr Dennis intends to rest his 

 patent on the suggestion of /c«d instead of tin. Will he 

 fiivor the public with a copy and the date of his original 

 specificaiion .' H. 



REPLY TO THK ABOVl',. 



Through the politeness of the editor of the N. E. Far- 

 mer, I am permitted lo reply to the communication of 

 H. in the same paper, for which favor the editor will 

 please to receive my thanks. 



In reply to the gentleman who signs himself H., I 

 will state for his information thai I consider myself en- 

 titled to a patent right for the circular metallic trough 

 and roof for preventing insei-ls from ascending fruit or 

 ornamental trees. I would also inlorm him that I know 

 of no law that requires the patentee, if a citizen of the 

 United Slates, (and I claim to b,. such,) to appoint agents 

 or take any other measures to siifiply the demand there 

 may be for the thing patented, or that forbids his making 

 such use of his invention as his inc'ination may dictate. 

 Notwithstanding, 1 consider it is my interest and per- 

 haps my duty to take the most efficient measures to sup- 

 ply the public 10 their satisficlion. I am exiremelv 

 sorry that the gentleman should have been so grievously 

 disa[ppointed by any of my agents, lor I used my best 

 endeavors to appoint the most efficient men, and such as 

 were recommended to me by those who wanted their 

 trees protected ; and if there was any neglect on my 

 part, I hope the gentleman will be kind enough to con- 

 sider that it was not in.entional, and |iardon me accord- 

 ingly. If the gentleman hail taken the trouble to have 

 written to me, (for he could have readily obtained my 

 address.) I should have been very happy to have used 

 my utmost efforts to have had his trees sufiplied to his 

 sat sfict^on ; and 1 will consider it a particular favor if 

 any person who has or may snfler from the neglect of 

 any of my agents, if they will please to inform me ac- 

 cordingly, and primpl attention and efficient aclion shall 

 be exercised for their relief; — and it would give me 

 ple.asure to have any gentleman or a number of gentle 

 men who may want their trees prolecleil, to inform me 

 accordingly, and recommend some suitablo person in 



their neigliliorhood, (it is not necessary that he should 

 be a mechanic, but any industrious young farmer can 

 learn in one day to make llie troughs and put them on 

 the trees,) whom I might appoinl as agent and teach to 

 make the troughs ; and where there may be agents ap- 

 pointed that do not serve them to their satisfaction, 1 

 shall take pleasure in appointing such as they recom- 

 mend. Or if it would he more agree.-ible to them, I 

 should prefi-r to sell them a right for such portions of 

 the country as they mo} wish to purchase for. And I 

 may fuith.-r state that I am very desirous to {sell ri'rhts 

 or appoint agents wherever there are any Canker worms 

 lo be destroyed. 



Having replied lo the first part of H.'s communica- 

 tion, I now hope to give him such information as will 

 satisfy him of'the originality of the invention in ques- 

 tion. I am very well aware that tin troughs were used 

 ten years ago and perhaps more; but they were made 

 square, and proved very troublesome on account «>f the 

 space in the corners of the squares between the trough 

 and the tree, which were so much larger than at the 

 sides, that it made it very difficult to keep them (iroper- 

 ly packed ; whereas the leaden trough is made to 

 stand at an equal distance from the tree all around. The 

 space between the trough and the tree when properly 

 packed with seaweed, and a little lar put upon the lop 

 of the seaweed to stick the ends together, it will remain 

 in good order for years, or until the tree shall grow so as 

 to burst open the troughs, which has Inppeiied in sev- 

 eral instances where the troughs have been upon the 

 trees for a number of years. Ifseaweed cannot be readi- 

 ly obtained, hay or straw will answer; but cotton waste 

 holds the oil that may get on it against the tiee, and 

 will injure the bark if it does not kill it. It also requires 

 more oil for Ihe square than fir the circular troughs, on 

 account of their being so much longer. Ami when the 

 tree had grown so that the square troughs were loo 

 small, it was very expensive making them larger, as it 

 required four pieces of tin to be soldered into each 

 trough and four more into the roof, whereas the circular 

 troughs only require one small piece of lead lo be sol- 

 dered in, which may be done at a very small expense 

 and lea\ e the trough as good as when it was new. When 

 the tin troughs are taken off they pre worthless ; but 

 the lend troughs are worth two thirds of the original cost 

 of the l(;ad per pound. 



If my recollection is correct, 1 made the first circular 

 metalic troughs in the summer or full of 1830, which 

 was previous to any similar ones being made by others. 

 I have no objection to the whole copy of my patent be- 

 ing primed ; but as it will make less work lor the prin- 

 ter, I will extract the claim, which will perhaps answer 

 H's purpose ; but if it shouhl not, I shall be happy to 

 supply the whole. " What I claim as my invention 

 and desire to secure by letters patent is, a circular me- 

 tal iu trough and roof, made of one piece of metal and 

 bent to conform to the shape of the tree, using for that 

 purpose any metal that can be wrought into the jiroper 

 shape." A? many persons infringe upon patent rights 

 unconsciously, 1 will here give the 14th seclitm of the 

 law of 18:!G, and inform such that the patentee is at lib- 

 erty lo bring his action against the maker, vender, or 

 the person who uses or has used and laid aside the thing 

 patented. 



" Section 14. .ind be it further enacted, Th;it when- 

 ever, in any aclion lor damages for raakins. iisinir, oi 

 selling the tliiug whereof the exclusive right is secured 

 by any patent heretofore gr.-inted, or by any patent that 

 rnay hereafter be granted, a verdict shall be rendeied 

 for the plaintilTin such action, it shall be in the power 

 of the court lo render judijmeni in any sum above the 

 the aiiiouni found by such verdict as the aiiual damages 

 sustained by the plainiilT, not exceeding three limes the 

 amount thereof, according to the circumstances of the 



case, with costs ; and such damajies may be recovered 

 by action on the case^ in any court of competent juris- • 

 diclif'ii, to be brought in the name or names of ihe per- 

 son or persons interested, whether as patentee, assign- 

 ees, or as grantees of tlie exclusive right within and 

 throughout a s|iecified portion of the United Stales.'' 



J. DENNIS, Jr. 



Boston, 7th mo., 13rA, 1840. 



J\. H. Persons addressing me will please lo direct 

 their letters to Portsmouth, Newport Co., R. 1. J. D. 



I EARLY POTATOES. 



We have received a *' good mess " of early potatoes 

 from Mr J^isiah Ijovett, 2d, of Beverly, which we pro- 

 nounce to be first rale. They are wilhont a name. He 

 had them from the master of a coasting vessel, and does 

 not know where they originated from- We think proba- 

 bly from Nova Scotia, as we saw at St. Johns two years 

 sinc<! in August, a laige quantity of the same variety ap- 

 parently, on board a vessel fiom Annapolis. We have 

 noi seen or tasted a better eaily potato this year, and 

 from the statement of Mr Lovett, believe there is none 

 cultivated in this region that will go before them. The 

 potatoes are while marbled with pale red, roundish and 

 rather flat, and the flavor lesembling the Chenango. 



We have engaged what Mr L. has to spare, and shall 

 offer them for sale at the proper season. J. B. 



NEW AGRICULTURAL WAREHOUSE AT THE 

 SOUTH. 

 We would call the attention of our southern subscri- 

 bers and others, lo the advertisement of John D Legate, 

 in this day's paper, who is about opening an agri(;uUu- 

 ral warehouse in Cliarlcston, S. C. Mr Legare is editor 

 and proprietor of the Southern Cabinet of -Agriculture, 

 Horticulture, kVc., printed in the pamphlet form, which 

 we would recommend as being suited to the meridian of 

 South Carolina. We wish him success in this enler- 

 prise, and trust it will prove a benefit lo the agricultu- 

 ral interests of the south, and we hope profitable to him- 

 self J. B. 



Massachusetts Horticnltural Society. 



FXHIBITIO.S OF FRUITS. 



Saturday, June Wlh, I84U, 



Strawberries; hy Messrs Winship — Methven Castle, 

 Keen's Seedling, Chili and another variety. 



By Hovey & Co. ; their Seedlin:.', uncommonly large 

 ! and very fine. 



By J. L. L. F. Warren; his seedling Methven; fine 

 specimen. 

 I The seedling strawberries exhibited by Messrs Hovey 

 and Warren, were represented as being very prolific 

 I and highly deserving of cultivation. 



Cherries; by John A. Kcnrick ; — Black Tartarian — 

 fair specimens. 



For the Committee, 



E. M. RICHARDS. 



CARNATION EXHIBITION. 



The exhibition of Carnations fiir premiums, will lake 

 place on Saturday, the 18th inst , at the Horticultural 

 Rooms. For the Committee, 



Bo-ton, July 11th, 1840. JOSEPH BRECK. 



The editor of the Genesee Farmer prepares his lettuce, 

 for eating as follows :. — "We cut the lettuce fine and 

 sprinkle it sufficiently wiih powdered sugar ; cream is 

 then poured on, and vinegar. Just enough to impart a 

 zest. To our palate this is delicious. Please to try it.'' 



