50 



16 (5) Proves the abandonment of the double knives by C. H. Me- 

 Cormick, which abandonment makes it public by the patent laws, even 

 if he were not the bona fide inventor of the same. 



" In the above five points are contained all the material points in 

 which our machines are said to be similar. OBED HUSSEY." 



This quotation, carefully selected and shrewdly placed, as it is 

 in the Protest, is misleading. It conveys the idea that Hussey, and 

 not McCormick, is the inventor of these essential features. 



The following is quoted from the same brief: 



" Several witnesses testified to the following particulars in the 

 McCormick machine, which appeared to conflict with mine: 



" (i) The horses draw the machine and walk beside the grain. 



" (2) The cutter is moved by connection wth a crank, 

 i he wheat falls on the platform. 



" (4) The fingers were at one time double (that is, one part of the 

 finger was above and the other part below the edge of the sickle or 

 cutter). 



" (5) The witness testified that C. H. McCormick abandoned the 

 double finger in 1842 or 1843. 



" I will now proceed to show by the references that the four points 

 testified to are not the invention of McCormick. 



" First Point. The horses draw the machine. For this I refer 

 to Rees' New Cyclopaedia, where a machine is described, invented by 

 Mr. Plunket; also to the Edinburg Cyclopedia, where a reaper is de- 

 scribed, invented by Mr. Gladstone, both of which embrace this point 



" Second Point. The cutter is moved by a crank. I refer to 

 Louden's Encyclopedia of Agriculture, where the reaper is described 

 invented by Mr. Bell, describing this point. 



" Third Point. I refer to the same work on the adjoining page. 



" Fourth Point. Double fingers. I refer to the Edinburg Ency- 

 clopedia now in the library of the Patent Office, where a reaping ma- 

 chine is described invented by Mr. Gladstone, and improved by Mr. 

 Scott, which is illustrated in plates 478 and 479, in which revolving 

 blades pass through fingers which support the straw against the edge 

 of the blade. Fig. 5, plate 479, shows the blades, some of which are 

 represented entering the space, some leaving it, and some with their 

 points in the space. 



" The witness further testified that McCormick's reaper has a 

 draw sickle blade, and a reel for the blade, which by its revolutions in 

 the heads of the wheat is designed to draw the wheat back to be cut 

 and to deposit the same on the platform when cut. I have nothing to 

 do with the sickle and reel here described. They make no part of my 

 reaper. I leave them to Mr. McCormick, while I wish to place in con- 

 trast my own cutter, which is composed of a row of blades of a lancet 

 point shape and arranged on a rod side by side. I do not claim to be 

 the inventor of such blades. I claim them in combination with, and 



