﻿The 
  Blackwell 
  Litigation. 
  63 
  

  

  Solomon 
  Shepherd 
  (p. 
  70) 
  says 
  : 
  

  

  " 
  The 
  first 
  of 
  this 
  year 
  I 
  think 
  Mr. 
  W. 
  A. 
  Wright 
  came 
  

   to 
  my 
  house 
  and 
  told 
  me 
  he 
  had 
  a 
  paper 
  writing, 
  and 
  asked 
  

   me 
  if 
  I 
  would 
  sign 
  it; 
  he 
  told 
  * 
  * 
  he 
  was 
  manufac- 
  

   turing 
  tobacco; 
  * 
  * 
  said 
  he 
  could 
  not 
  sell 
  his 
  tobacco 
  

   within 
  ten 
  cents 
  of 
  what 
  Durham 
  tobacco 
  brought. 
  * 
  * 
  

   I 
  was 
  verj' 
  feeble 
  ; 
  had 
  had 
  a 
  long 
  spell 
  of 
  sickness 
  ; 
  read 
  

   part 
  of 
  his 
  paper; 
  was 
  very 
  badly 
  written. 
  * 
  * 
  I 
  certi- 
  

   fied 
  that 
  Mr. 
  Wright 
  was 
  the 
  first 
  to 
  manufiicture 
  smoking 
  

   tobacco 
  at 
  Durham. 
  * 
  * 
  j 
  did 
  [not] 
  read 
  all 
  of 
  Mr. 
  

   Wright's 
  letter, 
  and 
  do 
  not 
  know 
  whether 
  the 
  printed 
  cer- 
  

   tificate 
  is 
  an 
  exact 
  copy 
  of 
  the 
  paper 
  I 
  signed 
  or 
  not." 
  

  

  Nash 
  Booth 
  (p. 
  126) 
  says 
  : 
  

  

  " 
  I 
  did 
  not 
  read 
  it; 
  signed 
  it 
  on 
  Mr. 
  Wright's 
  representa- 
  

   tion. 
  My 
  understanding 
  was 
  that 
  he 
  wanted 
  to 
  show 
  that 
  

   he 
  was 
  the 
  first 
  man 
  who 
  worked 
  smoking 
  tobacco 
  at 
  this 
  

   place." 
  

  

  That 
  all 
  these 
  witnesses 
  should 
  have 
  signed 
  the 
  certificate 
  

   under 
  a 
  misapprehension 
  of 
  Mr. 
  Wright's 
  representations 
  is 
  

   significant. 
  And 
  that 
  all 
  of 
  them 
  should 
  declare 
  that 
  he 
  

   attempted 
  to 
  perpetrate 
  a 
  fraud 
  upon 
  them, 
  and 
  through 
  

   them 
  upon 
  the 
  public, 
  is 
  a 
  fact 
  that 
  affords 
  an 
  appropriate 
  

   introduction 
  to 
  this 
  and 
  its 
  kindred 
  proceedings. 
  By 
  means 
  

   of 
  misre])resentation 
  Mr. 
  Wright 
  was 
  enabled 
  to 
  complete 
  

   his 
  contract 
  with 
  Mr. 
  Armistead, 
  and 
  by 
  virtue 
  of 
  those 
  

   misrepresentations 
  Mr. 
  Armistead 
  is 
  here 
  to-day. 
  

  

  THE 
  QUESTION 
  OF 
  PRIORITY. 
  

  

  The 
  first 
  finding 
  of 
  the 
  Examiner 
  is 
  as 
  follows: 
  

  

  First. 
  That 
  the 
  firm 
  of 
  Wesley 
  A. 
  Wright, 
  [Morris 
  & 
  

   Wright,] 
  the 
  assignor 
  of 
  Louis 
  L. 
  Armistead, 
  the 
  applicant, 
  

   was 
  the 
  first 
  to 
  adopt 
  and 
  use 
  a 
  trade-mark, 
  the 
  essential 
  

   element 
  of 
  which 
  was 
  the 
  word 
  " 
  Durham," 
  for 
  smoking 
  

   tobacco. 
  

  

  And 
  the 
  first 
  question 
  arising 
  thereunder 
  is: 
  What 
  was 
  

   the 
  Brand 
  used 
  by 
  the 
  firm 
  of 
  Morris 
  & 
  Wright 
  ? 
  

  

  It 
  is 
  claimed 
  by 
  Mr. 
  Armistead 
  that 
  the 
  word 
  " 
  Durham 
  " 
  

   vTas 
  used 
  by 
  the 
  firm 
  of 
  Morris 
  & 
  Wright 
  in 
  18G0. 
  Their 
  

   .brand 
  was, 
  according 
  to 
  his 
  allegations, 
  " 
  Morris 
  & 
  Wright's 
  

   Best 
  Spanish 
  Flavored 
  Durham 
  Smoking 
  Tobacco 
  ;" 
  and 
  

   according 
  to 
  Mr. 
  Blackwell, 
  " 
  Morris 
  & 
  Wright's 
  Best 
  Span- 
  

   ish 
  Flavored 
  Smoking 
  Tobacco." 
  Upon 
  this 
  point 
  issue 
  is 
  

  

  