﻿50 
  History 
  op 
  Duraam. 
  

  

  CHAPTER 
  II. 
  

  

  THE 
  BLACKWELL 
  LITIGATION. 
  

  

  The 
  Origin 
  of 
  and 
  Title 
  to 
  the 
  use 
  of 
  the 
  Word 
  " 
  Dur- 
  

   ham," 
  AND 
  THE 
  " 
  Durham 
  Bull," 
  as 
  Trade-Marks 
  for 
  

   Smoking 
  Tobacco, 
  Being 
  a 
  Brief 
  Review 
  of 
  the 
  Liti- 
  

   gations 
  BETWEEN 
  W. 
  T. 
  BlACKWELL, 
  L. 
  L. 
  ArMISTEAD 
  

  

  and 
  W. 
  E. 
  Dibrell, 
  with 
  the 
  Decisions 
  of 
  the 
  Courts 
  

   IN 
  Each 
  Case. 
  

  

  The 
  litigations 
  of 
  W. 
  T. 
  Blackwell 
  & 
  Co. 
  are 
  matters 
  of 
  

   pertinent 
  liistoric 
  interest, 
  so 
  intimately 
  connected 
  with 
  the 
  

   establishment, 
  prosperity 
  and 
  fame 
  of 
  the 
  town 
  of 
  Durham, 
  

   that 
  the 
  writer 
  esteems 
  a 
  brief 
  review 
  of 
  them 
  due, 
  not 
  only 
  

   to 
  the 
  parties 
  directly 
  concerned 
  financially, 
  but 
  also, 
  as 
  an 
  

   important 
  industrial 
  item 
  in 
  the 
  annals 
  of 
  North 
  Carolina. 
  

   The 
  history 
  of 
  Durham, 
  and 
  indeed 
  the 
  history 
  of 
  the 
  

   State, 
  would 
  be 
  incomplete 
  without 
  giving 
  them 
  appropri- 
  

   ate 
  mention. 
  Al'ter 
  the 
  unequivocal 
  and 
  thorough 
  estab- 
  

   lishment 
  by 
  the 
  U. 
  S. 
  Circuit 
  Courts 
  and 
  the 
  Patent 
  Office, 
  

   of 
  W. 
  T. 
  Black 
  well's 
  claims, 
  it 
  is 
  fair 
  to 
  presume, 
  after 
  ex- 
  

   amination, 
  that 
  no 
  honest 
  and 
  intelligent 
  person 
  can 
  for 
  a 
  

   moment 
  doubt 
  their 
  validity, 
  or 
  attempt 
  any 
  further 
  in- 
  

   fringement 
  of 
  the 
  same. 
  The 
  first 
  case 
  we 
  notice 
  is 
  that 
  of 
  

   Armistead 
  vs. 
  Blackwell. 
  

  

  The 
  history 
  of 
  this 
  desperate 
  attempt 
  to 
  defeat 
  Blackwell 
  

   will 
  be 
  fully 
  set 
  forth 
  in 
  the 
  following 
  pages. 
  The 
  belief 
  

   has 
  been 
  entertained 
  by 
  many 
  that 
  one 
  Wesley 
  A. 
  Wright 
  

   was 
  the 
  originator 
  of 
  the 
  word 
  " 
  Durham 
  " 
  as 
  a 
  mark, 
  and 
  

   so 
  positive 
  was 
  he 
  of 
  his 
  ability 
  to 
  sustain 
  this 
  claim 
  that 
  

   L. 
  L. 
  Armistead 
  was 
  induced 
  to 
  espouse 
  his 
  caus^. 
  But, 
  

   that 
  the 
  reader 
  may 
  have 
  a 
  clear 
  and 
  perfect 
  understanding 
  

   of 
  the 
  matter 
  at 
  issue, 
  it 
  is 
  necessary 
  to 
  state 
  the 
  material 
  

   difference 
  in 
  the 
  issues 
  joined 
  before 
  Judge 
  Rives 
  and 
  Com- 
  

   missioner 
  Leggett. 
  Before 
  Judge 
  Rives 
  Blackwell 
  was 
  

   plaintiff 
  and 
  Armistead 
  defendant; 
  vice 
  versa 
  before 
  the 
  

   Commissioner. 
  In 
  the 
  early 
  part 
  of 
  1871, 
  Mr. 
  Blackwell, 
  

   having 
  ascertained 
  that 
  one 
  Louis 
  L. 
  Armistead, 
  of 
  Lynch- 
  

   burg, 
  Va., 
  not 
  only 
  claimed 
  the 
  right 
  to 
  use 
  the 
  celebrated 
  

   Bull 
  Brand 
  of 
  Durham 
  Tobacco, 
  but 
  also 
  claimed 
  its 
  

   actual 
  ownership, 
  and, 
  anxious 
  to 
  test 
  the 
  matter 
  in 
  the 
  

  

  